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1.0 Application
sem *--, .---t 5PD, F` 7 nnR+ > r APPLICATION FOR MINING AND RECLAMATION PERMIT PETERSON GRAVEL PIT GARFIELD COUNTY WES FERN SLOPE AGGREGATES, INC. Post Office Box 910 Carbondale, Colorado 81623 February 2000 Ci, 1t 1 I7? -/22-_(9' C/A i n � n 1 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Depirtmeni of Natural Resources 13 ti 3 Sherman St., Room 215 Denver, Colorado 80203 Phone: !.3031 866-3567 FAX: 1303) 832-8106 CHECK ONE: CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM X New Application (Rule 1.4.5) Conversion Application (Rule 1.1 1 ) DIVISION OF MINERALS GEOLOG`t RECLAMATION MINING -SAFETY 8,61 Owens Governor Gres; E. Walcher Executive Director Amendment Application (Rule 1.1O)ju l,ael 6. Long ivis,on Director Permit # M - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized IVORY ORIGINAL and four (4) copies of the completed Ivory application form, five (5) copies of Exhibits A -S, Addendum I, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 1/2." X 11" or 8 1/2" X 14" size_ To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. Applicant/operator or company name (name to be used on permit): 1.1 Type of organization (corporation, partnership, etc.): 1.2 I.R.S. Tax I.R. No. or Social Security Number: Peterson Gravel Pit Western Slope Aggregates, Inc. 84-1151413 Oneration name (nit, mine or site name): 41.07 -0- 3. Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 New Application 4.2 New Quarry Application 4.3 Milling Application (Non -DMO) 4.4 Amendment Fee 4.5 Conversion to 1 12 operation (set by statute) 5. Primer# cornmoditie(s) to be mined: Sand 5.1 Incidental commodities) to be mined: 1. lbs/Tons/vr 4. Gravel STone permitted acres acres 41.07 acres S1.875.00 $2.325.00 $3.100.00 51.550.00 $i 875.00 application fee quarry application milling application amendment fee conversion fee [hs/Tons/yr 2. 1 lbsiTonsivr 1 IbsiTons/yr 5. I lbs/Tons/vr 5.2 Anticipated end use of primary commodities) to be mined: Construction Materials 5.3 Anticipated end use of incidental commodities) to be mined: — J — 14. Correspondcgce informatiog: APPLICANT/OPERATOR (name.. address. acrd phone of name to be used on permit) William M. RobertsTim: President Western Slope Aggregates, Inc. Contact's Name: Company Name: Street: City: State: Telephone Number: Fax Number: PERMITTING COO+ITACT Contact's Name: Company Name: Street: City: State: Telephone Number: Fax Number: INSPEC31ON CONTACT Contact's Name: Company Name: Stmt: City: State: Telephone Number: Fax Number: Post Office Box 910 Carbondale Colorado Zip Code: L 970 { 970l_ 963-2412 - (if different from applicant/operator above) Glenn M. Harsh Tide: General Counsel ]- 963-2296 81623 Western Slope Aggregates, Inc. Post Office Box 910 Carbondale Colorado f 970 _ 963-2296 Zip Code: 81623 ( 970 1. 963-2412 Same as above Title: ( )- Zip Code: CC; STATE OR FEDERAL LANDOWNER (if amyl None Agency: Street: City: State: Telephone Number f Zip Code: CC: STATE OR FEDERAL LANDOWNER (if alkyl, None Agency: Street: City:: State: Telephone Number: Zip Code: - 15. Description of Amendment or Conversion. If you are amending or converting an existing operation. provide a brief narrative describing the proposed change(s). Map,. and Exhibits: Five (5) complete. unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A -S. Addendum 1. and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. If separate documents are used as appendices. please reference these by name in the exhibit. With each of the five: (5) signed application forms. you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4. 6.5. and 1.6.2(1)(b): EXHIBIT A Legal Description EXI-IIBIT B Index Map EXHIBIT C Pre -Mining and Mining Plan Map(s) of Affected Lands to include the location of any recorded easements EXHIBIT D Mining Plan EXI-IIBIT E Reclamation Plan EXHIBIT F Reclamation Pisa Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT J Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXI�IT M Other Permits and Licenses EXHIBIT N Source of Legal Right -To -Enter. to include holders of any recorded casements EXHIBIT 0 Owners of Record of A.fTectexi Land (Surface Area) and Owners of Substance to be Mined. to include holders of any recorded easements EDIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Soil Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man -Made Structures Rule 1.6.2(1)(b) ADDENDUM 1 - Notice Requirements (sample enclosed) Rule 6.5 Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S. Addendum 1. and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. 1i you have any questions on preparing the Exhibits or content of the information required. or would like to schedule a pre -application meeting you +ray contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance. this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement. in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. tome, 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected. lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; Writ, 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; &tog. 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; LE, 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office; ).; Y 4 5. It is your responsibility to notify the Office of any changes in your address or phone number; ►a= 6. Upon permit issuance and prior to beginning on-site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator, b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 11) MC...7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. hil - 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date of July I, 1995, the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclarnation responsibility. 10. Fpr ipirj venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. — 7 — Certification: As an authorized representative of the applicant., 1 hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuable and permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4Xe), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4Xf), C.R.S.; 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section. 34-32.5-120, C.R.S.) as determined through a Board finding. 4. [ understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S. . J0 0 Signed and dated this ti day of 4 0 ti) Tc r t I o p 14cAvi ci&A-k " s TwL Applicant/Operator or Company Name , Signed:yyli) i - Title: PA -04.00 State of L.01_0(2--Ar- County 0LO(2 ► County of C_.x`A ) ss ) If Corporation Attest (Seal) Sign Se cre-4c r Corporate Secretary or Equivalent TowniCity/County Clerk The foregoing instrument was acknowledged before me this 24 r day of FE t3 t . L) a 9-"f by ("J, LL1 Ft r" M • Roo 0)Z.r2- as M:\MINISHAREMFORMS12E23C012APP 02/10/99 ,F—.11 - of G"^••' AL -;_):7 PiC7Car'L.: is`/4.- 1 EA Notary Public My Commission expires: tJ v J. i S, 2 SIGNATURES MUST BE IN BLUE INK EXHIBIT "A" Legal Description EXHIBIT "A" LEGAL DESCRIPTION OF TRACT OF LAND IN SECTION 12, T 6 S, R 92 W, 6 PM Note: The data for this legal description was taken from a plat titled JOHN PETERSON BOUNDARY SURVEY FOR LOTS 1, 2, & 3, SITUATED IN SEC. 12, T 6 S. R. 92 .W OF THE 67 P.M. GARFIELD co n; COLORADO; prepared by ICKBNA as Job number 4769,01 dated 12118/79 A trac: of land in Section 12, T 6 S, R 92 W, 6 PM, more particularly described as (allows: Beginning at a point on the southerly right -of -waw ofU.S. Highway I-70, whence the North ih corner of said Section :2 bears N 52° 02' 31"E 1,606.10 feet; thence, along said southerly right-of-way line N 77' 03' 30" E 1,301.51 feet; thence, leaving said right-of- way line, 5 00° 20' 44"E 1,827.62 feet; thence West 12661 feet; thence, N 76° 46' 31"W 613.85 feet; thence N 26° 49' 54"W 523.18 feet; thence, N 57"' 24' 21"W3 86.52 feet; thence, N O0° 31' 02"E 720.63 feet more or !en to the point of beginning, containing 41.07 acres more or less. The basis of bearing for the above description is N 89° 29' 42" E from the NW corner of said Section 12 to the North is corner of said Section 12 EXHIBIT "B" Index Map EXHIBIT "C" Pre -Mining and Mining Plan Map 1706 11 r4 0 1 1 1 X / / Ix / / / 1 / \� / �i / ✓ if / / / A / / / / a WO Gpl. FUEL — -"=— — . 7' —/ -- % _, 4666 /. / r' X `1 / / / / / / / / / x~' / -1, '/ / f/' / 1 ! / / / / / /. / 11/ / II.;.%'- / / r / 'rt1 ' / / / // f / ,v // // /,' +�r wig / r / \-r6 ��\\.I / /- / / / -11 /\ `c .0P .,./ / / / / r' ,//�� /t /(3aa--• flr // // /1 / / ' / / /- i — �; / ,, / / i E / Lii_ _74 / ,\Y / / / / / �,1 1R \\4\ 1 A/ / ,fir �' / 6600 GRAPHIC SCALE IN FEET 1 *Di .14701etT \\ \\ tif / v \\ /r //1 / I/ / EXHIBIT C Preliminary Mining Plan Map • Efi Western Slope Aggregates, Inc. POST OFFICE. Bot 917 CMBCMOAI,L C0I,INFOO 61623 (977) 960-1196 iOAME GAMBA & ASSOCIATES. NC. CQ6live BII}LB61 lAK3 *AIE1 1 r K X EXHIBIT "D" Mining Plan EXHIBIT "D" MINING PLAN PETERSON GRAVEL PIT The proposed Peterson Gravel Pit is located two (2) miles east of Silt, Colorado, between Interstate 70 and the Colorado River in Garfield County_ The total affected acreage to be included in this operation is 41.07. The area of the proposed gravel pit is presently used as pasture. Vegetation on the site consists largely of tall wheat grass and annual weed. The depth of soil on the site varies from one (1) to three (3) feet, with an average depth of 2.4 feet. The gravel strata is approximately twenty two (22) feet thick, with the underlying material being shale. Mining will start on the south boundary of the pit area and proceed in a northerly direction. (See Exhibit C.) the pit will be mined in three or four phases varying in size from eight (8) to eleven (1 1) acres. The mining operation will consist of the following: 1). Stripping and stockpiling of topsoil and overburden from the gravel pit area. The topsoil and overburden will be removed with scrapers and dozers. Approximately 3100 cubic yards of topsoil will be stockpiled for later reclamation use on slopes. The remaining topsoil will be used to construct an island and to flatten slopes. One (1) foot of soil will be removed from the processing site and. stockpiled. This oil will be replaced after all the gravel has been removed from the site. 2). The sand and gravel deposit will be excavated with front-end loaders and/or backhoes, and loaded directly into the processing equipment and then stockpiled. 3). Crushing and screening the pit run aggregate to make marketable aggregates for road base, gravel, and concrete. Since the gravel pit is located adjacent to the Colorado River, dewatering will be required to mine the full depth of the gravel. Dewatering will be done in accordance with the requirements of a NPDES Permit. Mining will start as soon as all permits are obtained and will be completed in ten (10) to fifteen (15) years thereafter. -5 ('1_A . ' ate' 21 4", IAS c 1/- `'' °``' •� '! � ( v [. r!.r)"L41'- fiLmft EXHIBIT "E" Reclamation Plan EXHIBIT "E" RECLAMATION PLAN PETERSON GRAVEL PIT Reclamation of the gravel pit area will consist of sloping the sides of the pit 3 horizontal to 1 vertical from the existing ground surface to ten (10) feet below the water line and then 2 horizontal to 1 vertical to the bottom of the pit. Topsoil will be spread on the slopes above the water line to a depth of four (4) to six (6) inches. The slopes of the pit will be seeded with tall wheat grass at an application rate of twelve (12) pounds pure live seed per acre. A section of the slopes approximately two hundred (200) feet in length along the south shore line will be constructed with 5 to 1 slopes at the request of the Division of Wildlife. Cottonwood seedlings will be planted along the southern slopes at thirty (30) foot spacing. This will require 40 seedlings. An island of approximately '/s acre in size will be constructed in the pit. After all stockpiled material has been removed from the processing site, the area will be scarified and four (4) to six (6) inches of topsoil will be placed over it. The processing site will be seeded with tall wheat grass. After mining has been completed, the area will be left as a pond with a surface area of approximately 24.5 acres. The owner of the property does not have any definite plans for the use of the pond. The slopes around the pond will be used for grazing. Reclamation will be done in phases following the mining operation. As an area is completed, topsoil will be spread on the slopes and then seeded. It should take approximately two (2) years to complete the reclamation after the mining has been completed. EXHIBIT "F" Reclamation Plan Map 2000 20p0 4000 1000 L _ r r y - ���� v.^ 1� , r, - -f \ N` 4x \\ x PASTURE, x X PASTURE X CO J i, P;,.,.r OeterwoC . EeeCilirG: (1.200 C'.; 13' f� ; X x r LAItL. -�- 1=1 11 GRAPHIC SCALE IN FEET 1 W0,1 .2000FEET EXHIBIT F RecIaimat,ion Plan Map s�[L- r\ r • Western Supe Aggregates, Inc. MISS O T1 E BON 41:0 ANSOMOALL. COLORADO 0167.1 t 070 962-7795 JEROME GAMBA & ASSOCIATES. INC. Winne Elate RLAC AIME1a6 =QST Cro,[E whin. 5R1EE1 - S. iF i x EXHIBIT "G" Water Information EXHIBIT "G" WATER INFORMATION PETERSON GRAVEL PIT The proposed gravel pit operation will consist of excavating the total thickness of the sand and gravel, and transporting it to the processing site for crushing and screening to make aggregate for road construction and concrete. During the excavation process, the pit will require dewatering in order to mine the full depth of the gravel deposits. Dewatering will be done by pumping to settling ponds and then to the adjacent Colorado River. We have applied to the Colorado Department of Health for a NPDES Permit. Discharge to the river will be within the allowable limits of the Permit. Dewatering at the pit is not expected to influence the water table beyond fifty (50) feet of the excavation limits. The water table will be lowered slightly irnmediately adjacent to the excavation. After the mining operation is completed, the water table will return to its present location. The nearest active well to the excavation limits is located approximately two thousand (2000) feet to the east at the Peterson Residence.. The well is sixty (60) feet deep. The gravel pit should have no effect on this well. The gravel it operation will not disturb any natural drainage or irrigation ditch. Surface runoff from the north and east of the pit area will drain into the pit. EXHIBIT "H" Wildlife Information for limited impact and select regular mine applications The following information pertaining to wildlife is provided for use by Mined. Land Reclamation Board in their consideration of a mining permit for: Silt Pit / Gravel / Portion of Dh idly". & Portion Lot 3 Section 12.T6S. Rg2W Name/Type and Location of Mine (Legal) Wildlife Species list: Mule deer Badger Nuttalls cottontail Redtailed hawk Coyote Raccoon Rock squirrel Kestrel Bobcat Gray fox Canada goose Passerine birds - Striped skunk 1 Endangered/critical species/impacted: The bald eagle uses the Colorado river corridor as a wintering area. The proposed pit should not impact eagle use provided areas of intensive activity (i.e. crusher, batch plant, etc.), are located away from the river as indicated in the mining plan. Critical habitats/vegetative communities impacted: The area is composed primarily of agricultural lands contairaw native grasses with sparsely scattered shrubby vegetation. The southern boundary of the proposed pit is bordered by a water canal leading to the Silt pumping station.. Narrowleaf cottonwood trees are found along this canal. Assessment of impact: Due to the location of this pit, no major impacts to wildlife are anticipated. With the proposed reclamation plans, and those listed below, wildlife habitat in the area should be enhanced. Mine Reclamation recommendations (include key species/habitats for which restoration is designed) . 1. An undisturbed buffer 50-100 feet should separate the pit from the water canal. 2. The pit bottom and shoreline should be irregular to enhance aquatic life forms. Penninsulas are desirable. 3. An island with natural vegetation should be left, or created from spoils and overburden. . An area 150-200 feet in length, located along the southwest edge should be sloped at 5:1 to create a shallow area for waterfowl and encourage emergent vegetation. 5. Cottonwood seedlings should be planted along the southern border. Revegetation of remaining disturbed areas should be accomplished using native shrubs and grasses. epared By: Perry Will omitted By: Michael R. Grode is statement is void if not processed within I year. is anaivs.s does not constitute approval of application. Date: 12/7/81 Date.: 12/8/81 cc J. Leslie P. Will File-Sjlt Fic((Corn) ar:�.e_ EXI-IIBIT "I & J' Soils and Vegetation Information t� 72—Wann sandy loam, 1 to 3 percent slopes. This deep, somewhat poorly drained, nearly level to gently sloping, low-lying soil is on terraces and bottom land in valleys. Elevation ranges from 5,000 to 6,500 feet. The sail formed in alluvium derived primarily from sandstone and shale. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost-free period is about 120 days. Typically, the upper part of the surface layer is dark grayish brown sandy loam about 8 inches thick, and the lower part is dark grayish brown fine sandy loam about 4 inches thick. The upper part of the underlying material is mottled, 'light brownish gray fine sandy loam and sandy loam about 24 inches thick, and the lower part is mottled light brownish gray coarse sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Kim and Arvada soils and Torrifluvents. These soils have slopes of 1 to 3 percent. These areas make up 5 to 18 percent of the map unit. Permeability is moderately rapid, and available water capacity is high. Effective rooting depth varies with the level of the water table but is usually about 2 feet. Surface runoff is slow, and the erosion hazard is moder- ate. Depth to the water table ranges from 2 to 3 feet. The level of the water table varies with the amount of irrigation water applied to this soil and surrounding soils. Water ponds in spring. This soil is occasionally flooded for brief periods between April and July. This soil is used mainly for grazing, grass or legume hay, and pasture. Tile drains and improved water management increase the potential for crops. This soil is usually irrigated by furrows or flooding. Sprinklers are also well suited. The native vegetation on this soil is mainly alkali saca- ton, saltgrass, wheatgrass, sedges, and rabbitbrush. When range condition deteriorates, shrubs and salt- grass increase. When the range is in poor condition, undesirable weeds and annual plants are abundant. Properly managing grazing maintains and improves range condition. Alkali sacaton and western wheatgrass are suitable for seeding, Preparing a seedbed and drilling the seed are good practices. Controlling brush improves range that is producing more woody shrubs than is nor- mally found in the potential plant community, but care should be taken to leave stands of fourwing saltbush. Mourning dove, ground squirrel, cottontail rabbit, and some pheasant find habitat on this soil. Community development is limited by a high water table, seasonal flooding, seepage, and frost heaving, Drainage increases potential for various uses. This soil is in capability subclasses IVw, irrigated, and Vlw, nonirrigated. ...opt.. 1JVr1WC TABLE 5. --YIELDS PER ACRE OF CROPS AND PASTURE --Continued Soil name and Wheat leap symbol Barley 1 Oats ; Alfalfa hay Corn shag, 49 Olney 50 Olney 51 Olney 52 Parachute 53 Parachute -Rhone 54 Potts 55 Potts 56 Potts 57, 58 Potts-Ildefonso 59 Potts-Ildefonso 60 Rhone 61 Rhone 62 Rock outcrop- Torriorthents 63 Silas 64 Tanna 650. Torrifluvents 66 Torriorthents- Camborthids-Rock 67 outcrop: Torriorthents-Rock outcrop 68 Vale 69, TO Vale 71 Villa Grove-Zoltay 72 Mann 'N I ! 1 N 1 Bu 1 Bu 1 Bu 1 1 1 1 --- ! 55 1 --- 1 1 1 1 45 35 1 1 25 20 I�_ N 1 1 i N Bu A Bu ! Bu ; Ton 1 ; 85 1 1 ---1 , 1 1 1 1 80 1 1 ___1 1 1 1 60 1 ---1 , 1 1 I 1 40 1 80 1 30 ; 60 1 25 1 55 1 1 1 , 1 55 1 40 1 80 45 30 1 60 1 1 - ' r 1 I 1 I 1 , 1 , _ I 401 301 251 100: 901 1 801 1 1001 1 1 701 1 1 I 651 35: 301 1 --"r 100 2.0 70 1.5 1 i N Ton , Ton 1 Tor I , , 4.5 Y - , 1 , 1 , r , 4.0 1 , I , 1 , 3.5 1 1 1 , 1' 1 _ I , r_ 1 ---1 r. 1 , 1 1 5.0 4.0 3.5 5.0 4.0 --- 3.5 * See description of the map unit for composition and behavior characteristics of the map unit. ��United States Soi! Department of Conservation Agncuflure Service December 9, 1981 Edward Settle Corn Construction P.O. Box 1240 Grand Junction, Colorado 81501 " Dear Sir: P.O. Box 880 Glenwood Springs, Colorado 81602 1 have looked at the area on John Peters" farm that is to be used for a gravel pit. Depth to gravel ranges from 24" to 36" with most of the area being 24" to gravel. The site is on a fan presently used for pasture. Tall wheat grass and annual weeds make up most of the vege- tation. Top soil will be stockpiled and spread over the disturbed area when the gravel has been removed. Because of the saline condition of the top soil a grass such as tall wheat should be used for reseeding. 12" pure live seed per acre should be used. The slopes will be graded to 3 to 1 or flatter. According to the soil survey the area is mapped Wann Sandy Loam and SW which is salty soil with a high water table. The soils appear on soils map 1147. Sincerely, Stanley Woodyard District Conservationist SW/te The Sod Conservatoon Serv+ce SCS -AS- l re an agency of the 10-79 aeoartmen1 of Agriculture EXHIBIT "K" Climate Information SOIL SURVEY TABLE 1.• -TEMPERATURE AND PRECIPITATION DATA* Temperature* Precipitation* . 1 i 2 years in ; i 12 years in 101 i 1 i 1 10 will have-- 1 Average 1 1 will have-- 1 Average 1 Month 1AveragelAveragelAveragel 1 (number oflAverage , ;number oflAverage ; daily I daily / daily ; Maximum 1 Minimum 1 growing 1 1 Less l More ;days withlsnowfall lmaximum;minimuml ;temperatureltemperaturel degree 1 lthan--;than--10.10 inchl 1 I 1 1 higher 1 lower I days** 1 1 i 1 or more ; 1 . i 1 than-- 1 than-- 1 i . i 1 1 OF January----. 36.2 February ---i 42.9 March 1 52.2 April 1 62.9 May l 73.9 dune 1 83.3 July ; 89.6 August i 86.8 September 1 78.9 October 1 67.5 November i 50.6 December 1 37.9 Year ; 63.6 bF I of 1 OF r of 9.2 1 22.7 1 1 , , 15.4 1 29.2 1 22.6 a' 37.4 1 i 29.9 1 46.4 1 1 37.7 I 55.8 i 44.0 1 63.7 i 1 Y 50.5 i 70.1 1 1 1 49.4 1 68.1 1 39.8 1 59.4 1 1 30.5 I 49=0 i 21.2. 35.9 I 1 1 11.4 i 24.7 I 1 1 1 30.1 . 46.9 i 1 1 53 -18 1 61 1 -12 73 1 3 80 1 14 89 I 23 96 1 31 98 1 38 96 i 36 93 1 25 84 1 15 69 1 1 61 1 -13 98 i -23 T. in 1 In ; In 1 1 In I 1 1 I 16 1 0.90 1 0.31 1 1.36 1 3 1 13.5 1 1 1 1 1 33 1 0.73 1 0.25 1 1.11 1 2 1 8.5 1 1 1 1 1 69 I 0.70 1 0.28 1 1.04 : 1 1 1 3 1 4.6 1 I 1 1 1 201 i 0.83 0.50 1 1.11 i 3 1 1.8 1 1 1 1 1 I 490 I 0.82 1 0.19 1 1.31 1 1 1 3 1 .0 1 1 1 711 1 0.88 1 0.21 1 1.41 1 2 1 .0 1 1 1 1 I 1 1 1 1 933 1 0.82 1 0.27 1 1.25 1 3 1 .0 1 I I i 871 1 1.32 1 0.55 1 1.93 1 4 1 .0 1 1 I l 1 582 I 1.03 1 0.28 1 1.62 1 3 1 .3 I 1 1 1 285 1 1.27 1 0.40 ; 1.96 1 3 1 .8 1 1 1 40 1 1 0.85 10.45 ; 1.17 1 3 1 5.9 1 1 I 1 1 I 11 1 1.10 1 0.43 1 1.57 . I i 4 I 14.5 i 1 1 1 I 1 11.25 1 8.61 113.62 1 36 1 I 49.9 1 1 l 1 1 4,242 *Recorded in the period 1951-74 at Rifle, CO. "A growing degree day is an index of the amount of heat available for plant growth. It can be calculated by adding the maximum and minimum daily temperatures, dividing the sum by 2, and subtracting the temperature below which growth is minimal for the principal crops in the area (400 F). EXHIBIT "L" Reclamation Costs EXHIBIT "L" RECLAMATION COSTS PETERSON GRAVEL PIT Place topsoil on slopes 3100 cubic yards @ $2.50 per cubic yard Replace topsoil on processing site 10,200 cubic yards @ $1.85 per cubic yard Seeding slopes 4 acres @ $325.00 per acre Seeding processing site 6.3 acres @ $300.00 per acre Plant Cottonwood seedlings 40 each @ $20.00 $ 7,750.00 $18,870.00 $ 1,300.00 $ 1,890.00 $ 800.00 $30,610.00 EXHIBIT "M" Other Permits & Licenses EXHIBIT "M" OTHER PERMITS AND LICENSES PETERSON GRAVEL PIT 1. Garfield County Special Use Permit 2. Irrigation Water Augmentation Plan 3. Well Permit 4. NPDES Dewatering Permit 5. Storm Water Management Pian 6. Fugitive Dust Air Quality Permit 7. Colorado Department of Transportation Access Permit EXHIBIT "N" Source of Legal Right to Enter MINING LEASE AGREEMENT THIS MINING LEASE AGREEMENT is made and entered into on the date as shown beside the signatures below by and between Brent Lewis Peterson, Shirley Peterson, and Sandra Lanigan as Lessors (Lessors) and Western SIope Aggregates, Inc. as the Lessee (Lessee). RECITALS: 1. Lessors are the owners of certain real property located in Garfield County, Colorado more particularly described in Exhibit "A" attached hereto and made a part hereof. (The Property) 2. It is believed this Property contains sand and gravel deposits that will be financially feasible to extract and process. 3. The parties hereto desire to enter into this Mining Lease Agreement for the purpose of extraction, crushing, processing, washing, and removal of said deposits from the Property and to construct thereon a concrete batch plant and appurtenant operations. NOW THEREFORE, for and in consideration of the covenants and agreements herein contained, the adequacy and sufficiency of which in hereby acknowledged, Lessors hereby lease to Lessee the whole of the Property described in Exhibit "A", to have and to hold the Property on the following term and conditions: L TITLE: A. Lessors represent and warrant that the Property is owned by them free and clear of any and all Iiens that may be adverse to the rights of Lessee hereunder. B. Lessors shall continue to maintain the Property free and clear of all liens or claims and shall defend title to the Property without cost to Lessee against any lien or claim adverse to the rights of Lessee not arising from any action of Lessee. C In the event Lessors refuse to defend title when called upon to do so by Lessee, Lessee may defend title to protect its rights hereunder and Lessors shall be liable to Lessee for all costs related thereto including reasonable attorney fees. EXHIBIT "0" Owners of Record of Affected Land EXHIBIT "0" OWNERS OF RECORD OF AFFECTED LAND PETERSON GRAVEL PIT List of immediately adjacent landowners (200'). 1. Dale K. and Vernon K. Peiffer 933 Red Mountain Road Glenwood Springs, Colorado 81601 2. Bureau of Reclamation Western Slope Field Engineering 22596 Frying Pan Road Basalt, Colorado 81621 3. Brent and Shirley Peterson 35960 River Frontage Road New Castle, Colorado 8162I 4. State of Colorado Department of Transportation 202 Centennial Street Glenwood Springs, Colorado 81601-2845 EXHIBIT "P" Municipalities Within Two (2) Miles Town of Silt, Colorado 231 North Seventh Street Silt, Colorado 81652 970-876-2353 EXHIBIT "Q" Proof of Mailing Notices to County Commissioners and Natural Resource Conservation District NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR 012) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY Western Slope Aggregates, Inc. (the "Applicant/Operator") has applied fora Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Garfield _ County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology (the "Division") and the local county clerk or recorder. The applicantioperator proposes to reclaim the affected land to lake and grazing use. Pursuant to Section 34-315-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112( 10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1 313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description. of the change. 1, n� I t'......1-10.11 i 7, -. ! ter,- !•-.,....:,-0.---.. _. _ - k a , l ., ti, r l I'a FEB 24 2000 GFF',FZD COUNTY CONI yI 5IO wEa5 M MSHAR \vsFORMS"2 ,23CO12 APP 92/11+99 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL SOIL CONSERVATION DISTRICT BOOKCLIFF DISTRICT Western Slope Aggregates, Inc. (the "Applicant/Operator") has applied fora Regular (l 12) reclarnation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Garfield County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on fide with the Division of Minerals and Geology (the "Division") and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to lake and grazing use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Soil Conservation Districts before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post -mining land use,or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR. You must attach a copy of the application forrn to this notice. If this is a notice of a change to a previously filed application you muse either attach a copy of the changes, or attach a complete and accurate description of the change. M:1MINLS HA.RENSFORMS\2223Co 12.APP 02/10199 a„,,, Ceoth_ a/�V/oo EXHIBIT "R" Proof of Filing With County Clerk and Recorder The undersigned hereby acknowledges receipt of the Construction Materials Regular (112) Operation Reclamation Permit Application for Western Slope Aggregates, Inc. this day of ,2000 for filing with the Garfield County Clerk and Recorders Office and will post same in this office for public inspection. Signature: Print Name: Title: Date: EXHIBIT "S" Permanent Man Made Structures There are no permanent man made structures on the property. Addendum I Notice Requirements You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b) that you may wish to use. NOTICE Western Slope This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) motes, Inc whose address and phone number is (Address and Phone Number of the Applicant/Operator) 'e E� 81623 3-2 _, has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the (County Narne) Garfield County Clerk or Recorder's Office, (Clerk or Recorder's Office Address) 1fl 8th Street, Suite 2170,Glermcod ,S ,should send comments prior to the end of the public color -act) Eribul comment period to the Division of Minerals and Geology, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: Glen1 M. Harsh hereby certify that 1 posted a sign containing the above notice for the proposed permit area known as the (Name of Operation) Peterson Gravel Pit on (Date Posted) February 24, 2000 SIGNATURE DATE 04/25/97 CONOTICE 57,/,R D[) SECTION IV VISUAL IMPACT ANALYSIS 000e!n5 REV NO• DATE REVISIIN RADE BY CHK D BY APPD BY RECLAMATION PLAN VICINITY MAP CALE. 1' s 1000' AWN BY. SMG CHKD BY, RIR DATE. MARCH 12. 2001 rEET 4OF4 DRAWING NAE BOCC/NC...MAR Western Slope Aggregates, Inc. CRKWALMWRIORPOMPRIMMEM Qua k oci a,c COMM MIAMI klADIMINEDIS !i1 ornci ix= 14.58 :1] 'IMTH S1f.fif - 5fA1t 214 "L ,..0),17 SPRINGS =DRAD0 61EC2 (Y10 045 - HE T 5 - HEFT PROJECT Apt jli fry r,lr. ,Y i .4 i Y • . :�•. ••aii • ! • .s •�: Q1-. . .-- 117,. :room • le • • • • • a• • .. ••a • y+ rL""jj••L. • t• ▪ _ Yb if r • • • w a t • r r AND • • • r---.12,9" • _••• 1 - • • • r n 1 • DENVER •rC n w • • R I I 7 =� `•� •z�EEXISI7NG UNOERI S IM 51L1 !OLIN CFA. WA1ER INTA ANI2 1A1 1 N " FACILITY Pt-DESn? 4N/BICYCLE BRIDGE f rr .V— . .54.56 SCHOOL W(4wr amp icor if \ _f • — Peak 7000 2000 3000 IEMESIMMI GRAPHIC SCALE IN FEE 1 Ku 11 f muis •� �w • — • • 'ter. ;5-11C -_r_— • 'o11-0-1 EMERGENCY ACCESS • • • a 1 • zz " 10 :9 51L1' E MP CANAL I N1-AKF C I'JVAflON) • - • 1 l" CL Z CL 0 P— •••4 i 8 1) a � ea z a y cl f:13 4 200 0 200 0 7(3�—�jAi3 5ift Pump Canal Road & Pipe Line .00 000 G•RAPHIC SCALE IN FEET INCTI _ 200 FEET i\\ s,\ \\ OA1E RE -VISION EIADE BY 0143 BY APPO BY SUPPLEMENTAL MINING RECLAMATION PLAN SCALE 1' • 300 DATE: MARCH 11 200t SHEET 2 OF 4 CRAM df: SM0 CHKD BY: RUR *POSY: MJ6 PLAN RR BOCC.ISITE.OWY0 Western Slope Aggregates, Inc. POOT OFFCE 932 110 CARSONOMF. COLORA00 MSO WO) "NM MOW GAM & AMICICIMIAIle. POET OMMI 143 LMH - T EOR%iT !1► KM= sww5 m,a11122 21102 nr-wo X40. 3 200 s � r! r ■ ❑500 Gal. FUEL d 000 Gal. 0 FUEL BATCH PLANtr AITA errvtrd3erm fr>st i� ka, Stvnnwatcr collecticn swae WASH PLANT AgA 0 Nash Plait Overflow f0 M I V .•- V fir-- l oo Yr flood 5It Pump Carrs' poad & Pipe Line Proposed 5ft fence ( 5,440 Lf1 900 GRAPHIC SCALE IN FEET 1 INH - 206 FEET PnvrroOerm ftek. Instal/A& �xrstrrrl Lyrae Pitch MPnH L3E?I/ ANI7 PU doss 5C17ON5 Nor 10 5CALE 20.00' 30.00' EARTH BERM SHALL 8E REVEGETATED WITH GRASS TO AVOID EROSION 1.5 10.00' MAXIMUM SLOPE: 2:1 40.00` 45.00' MAXIMUM SLOPE: 1.5:1. MIN /L4 90.00' FEV GATE REVISION MADE BY CHIT 8Y APPO BY SUPPLEMENTAL MINING SITE PLAN COLE 1••230 I NTE MARCH 12. 2001 MMES 1 OF4 DRAM SY: SMG C1u0 237: AWP KA0 BY RAHN0. BOCC. /SITE DM Western Slope Aggregates, Inc. PB5T OFFN:E BOX 9,9 GP®OII2ME 1231.3310311323F34,2 -223e 0211==IMMI PCR I coma NM Mi 117 WM MIQT - YR Mi MAIM= M'1111fL 014d13b3 01003 0173) MF -Wm 0997, -t) 0 co ni0 G") H H rn r - m (7) z 0 z H 0 z co N3O1f18l3AO ❑NV 11OSdOl JO 1VAOVV3 # co c 0 co cz o > x m cn 0ij m c —10 F rn > �z �J a _ci)j. 0 m H •c m z as m z m N I2HIJJON 3H1 ONO -1V C131V3a0 3E111 z 0 c 2 m z ,�► IN31A1dI1-103 JO 1N31A1A0V1d 6. A RAW MATERIAL DRAIN PILE APPROXIMATELY 30' IN HEIGHT WILL BE CREATED ALONG THE SOUTHWESTERN BOUNDARY TO ALLOW THE RAW MATERIAL TO DRY OUT PRIOR TO CRUSHING . NOLLVeld01111J NI Ild 7RAVele ,,, CO NOI1VLNV13 31IS -13A9 03SOdOHd April 9, 2001 DAVID °.. ADAMS ASSOCIATES. INC. Consultartrs ,n Acoustics And 1'erta+rning Ans Technologies Mr. Bob Regulski Concerned Citizens Against the Pit (CCAP) P.O. Box 9 Rifle, Colorado 81650 RE: Peterson Gravel Pit - Noise Study Review (DLAA Reference No. 6285) Dear Bob: At your request, David L. Adams Associates, Inc., reviewed the Engineering Dynamics Incorporated (EDI) noise report dated March 15, 2001. The following letter summarizes our comments. EXECUTIVE SUMMARY We found that the EDI noise report is inadequate to insure that the noise radiating from the proposed gravel pit will meet the State of Colorado noise limits. The following is a brief summary of our comments: 1. The EDI report states that the equipment used for overburden removal alone will radiate 75 dBA at 100 feet, which corresponds to 55 dBA at 1000 feet, Since there are several residential properties within 1000 feet of the site, one within 350', this part of the operation alone will exceed the limits of the State of Colorado Noise Statutes. 2. The EDI report Noise Impact Exhibit shows a 55 dBA contour that is approximately 500 feet from the proposed site. It is not clear what this contour represents; however, the contour extends onto residential property. Hence, EDI 's own 55 dBA contour shows that the noise radiatingfr•oin the pit will exceed the limits of the State of Colorado Noise Statutes. 3. The barrier attenuation used in the EDI report does not take into account the elevation of the residences. One residential property is located approximately 700 feet from the gravel pit and is at an elevation approximately 45' higher in elevation than the pit. A 10' high barrier would be ineffective. 4. The EDI report states that 30' high stockpiles will be used to provide significant noise reduction from the crusher. This may not be a reliable sound barrier because the height of stock piles often varies, 1701 BOULDER STREET • DENVER, COLORADO 80211 303/455-1900 • FAX 303/455-9187 www.dlaa.com • denveredlaa.com Mr. Bob Regulski April 9, 2001 Page 2 5. One of our main concerns with the EDI report is that it does not state what scenario they used to model the worst case noise radiating from the site (if they did model the noise from the entire operation). They do not state what equipment is assumed to be operating where, at what elevation, and at what distance from barriers. It appears that the EDI report addresses noise sources separately and does not develop a loudest condition for the all of the equipment on the site (including haul tnicks, excavation, the batch plant, etc.). Based on our understanding of the operation, we predict the noise radiating from the site will be 64 and 66 dBA at two residential receivers. This is in excess of the Colorado noise limits. A description of our assumptions is presented below. 6. It is standard practice to evaluate the sound radiating from environmental noise sources assuming weather conditions f worable forsound propagation. The EDI report does not take into account weather conditions. 7. It can be argued that the back-up beepers cause a periodic and shrill noise and should be held to a noise limit of50 dBA during daytime hours (Colorado Statutes 25-12-103 (3)). The noise from a Type B back-up beeper alone produces a sound level of 82 dBA at 100', which is equal to 50 dBA at 3,980'. Hence, if one back-up beeper operates within 3,980' of any residential property line and there is line -of -sight between the back-up beeper and the residences, it could exceed the Colorado noise limits. 8. There is no mention in the EDI report about the noise radiating from the pump located at the south end of the site. 9. The EDI report does not state how the reference noise levels were obtained. It is important to know what noise descriptor is being presented and if measurements accounted for the directionality of the sources. We recommend that a more complete noise study be performed that includes: topographic information, effects of weather conditions (including conditions favorable to sound propagation), and the sum ofall of the noise sources during a worst case scenario. These are all common practices in assessing the noise impacts from this type of operation. RESIDENTIAL PROPERTIES IN THE VICINITY OF THE SITE The closest residences are located south of the site on the opposite side of the river from the site. A vicinity map is shown in Figure I. The closest residential property line is approximately 350' south of the proposed gravel pit site. The southern edge of the site is at an elevation of 5450 to 5453 feet above sea level and slopes up to the north to an elevation of 5470 at the northern most corner. Mr, Bob Regulski April 9, 2001 Page 3 The topography on the south side of the Colorado River slopes gradually up from the river, except in a region where there is a steep bluff. The three closest residences, shown as 376, 377 and 468 on the Assessor's map, are between 10 and 35 feet above the elevation of the southern end of the proposed site (5462, 5470, and 5488 feet above sea level, respectively). Directly south and southwest of the site, a cliff band forms a wall along the river. The elevation of the residential property on the top of this band of cliffs reaches 5496 feet above sea level, approximately 45 feet above the southern edge of the proposed site. We selected two locations for discussion purposes, which are shown in Figure 1: Location 1 - located on top of the cliff band with the ground at an elevation of 5496 feet above sea level, approximately 700 feet from the proposed site. Location 1 is at the highest elevation of the residential properties in the vicinity ofthe site. Location 2 - located approximately 350 feet south of the proposed site at an elevation of 5450 feet above sea level. Location 2 is the closest residential property line to the proposed site. COMMENTS REGARDING OF THE EDI REPORT The following are our comments regarding the EDI noise report dated March 15, 2001. 1. The EDI report states that, during the pit development, a dozer and front end loader will be operating simultaneously. They state that the combination is capable of produce 81 dBA at 100 feet, which corresponds to 61 dBA at 1000 feet. They go onto say that most ofthe time the noise levels from these two pieces of equipment will be 75 dBA at 100 feet, which corresponds to 55 dBA at 1000 feet. Since there several residential properties within 1000 feet ofthe site, this will exceed the limits of the State of Colorado Noise Statutes. The EDI report Noise Impact Exhibit shows a 55 dBA contour that is approximately 500 feet from the proposed site. It is not clear what this contour represents. Is this the loudest condition noise that they expect to radiate from the site? Since, as their report states that the noise from the overburden removal alone will cause levels of 55 dBA at 1000 feet, this can not be a contour of the loudest condition with all noise sources summing together. Regardless of what it represents, the EDI 55 dBA contour extends onto residential property. The closest residential property is 350' from the site. Hence, the 55 dBA contour exceeds the limits of the State of Colorado Noise Statutes. 3. The EDI report states that a 10 foot high noise beret is proposed for the south edge of the site. They state that this barrier will provide 3 dBA of noise reduction from the overburden removal operation and 10 dBA from the cnishing operation to the north and south. Mr. Bob Regulski April 9, 2001 Page 4 This does not appear to take into account topography in the vicinity of the site. A 5 foot high receiver on the south side of the Colorado river can be approximately 50 feet higher than the ground at the south end of the proposed site. The effective source height of the moving equipment is generally 10'. A 10' high berm will not block the line -of -site between the equipment and the residence at this elevation. Figure 3, taken from the Visual Impact Analysis, shows that the equipment will be clearly visible from the south side of the river. This view is approximately from Location 1 in Figure 1. For a barrier to have any effect, it must block the line -of -sight between the source and receiver. It does not appear that the EDI report has accounted for topographic changes. 4. The EDI report states that 30' high stockpiles will be located southofand next to the jaw crusher, to provide significant noise reduction from the crusher. This may not be a reliable sound barrier because the height of stock piles often varies. Unless the applicant is willing to insure that the height of the stockpiles will never be reduced to below 30 feet, we do not recommend including this as a noise reduction measure. 5. It is critical to understand the mining plan when predicting the noise radiating from the operation. One of our main concerns with the EDI report is that they never stated what scenario they used to model the worst case noise radiating from the site (if they did model the noise from the entire operation). They do not state what equipment is assumed to be operating where, at what elevation, and at what distance from barriers. It appears that the EDI report addresses the overburden removal and crushing separately and does not develop a loudest condition for the all of the equipment on the site (including haul trucks, excavation, the batch plant, etc.) The following is our understanding of the mining plan which we used to predict the noise radiating from the proposed operation to two residential properties. The location ofthe crushing and batch operation are shown in Figure 2. The overburden removal and excavation operations can occur anywhere in the area labeled as the area to be mined in Figure 2. Overburden Removal According to the EDI report, overburden removal will be performed using a dozer and a front end loader (although they do not list a dozer in their equipment list and do not provide a reference noise level). According to the Mining Plan (Exhibit "D" ofthe Application for Special Use Permit), "the topsoil and overburden will be removed with scrapers and dozers." Excavation Operation Based on the equipment list in the EDI report, the excavation will be conducted using an excavator and off-road haul trucks. Most likely, the haul trucks will be loaded by the excavator and will drive to the crusher and dump the aggregate in the vicinity of the crusher. According to the Mining Plan, "the sand and gravel deposits will be excavated with front-end loaders andlor backhoes, and loaded directly into the processing equipment and stockpiled." According to the mining plan, the front-end loaders and backhoes will he continuously traveling between the excavation operation and the cnisher. Mr. Bob Regulski April 9, 2001 Page 5 Crushing and Loading Operation Based on the equipment list in the EDI report, this operation will consist of jaw crusher, a cone crusher, conveyors, a screen, a front end loader, and haul trucks. According to the Mining Plan, "crushing and screening the pit run aggregate to make marketable aggregates for road base, gravel, and concrete." This implies that there may he more than one screen to separate the aggregate into the various uses. We did not see where it states how many screens will be used. This is important since screens are one ofthe primary noise sources at the crushing facility. According to the Supplemental Information, dated February 13, 2001, the crushing operation will be 10 to 12 feet below the existing grade. The elevation ofthe noise sources is important, because without knowing the height of the source you can not calculate the effectiveness of barriers. In the EDI report, they do not state what elevation they assumed for any of the operations. Batch Plant Although this operation is not described, we assume there will he off-site haul trucks being loaded in the vicinity of the batch plant. We assumed the following scenario to verify the EDI predictions: A. One dozer and one front end loader are operating simultaneously to remove the overburden. B. One excavator and one off-road haul truck will be operating to excavate the aggregate. C. The crushing operation will consist of a jaw crusher, a cone crusher, one screen, and conveyor belts. The loading operation will consist of one front end loader and one haul truck. D. The hatch plant will be operating along with one haul truck. E. A 10 foot high barrier is located along the south edge of the proposed site. Table 1 presents our prediction results, using the reference noise levels from the EDI report. Table ] Predicted Site Generated Noise Levels at the Closest Residential Properties Residence Sound Pressure Level from Each Activi y (dBA) Total Daytime noise limit Overburden Removal Excavation Crushing and Loading Batch Plant Location 1 - residential property on bluff approximately 750' south of the side and 45' height than the site 61 58 58 41 64 55 Location 2 - closest residential property south of the site - approximately 350 fi' -;() 63 34 66 55 Mr. Bob Regulski April 9, 2001 Page 6 Based on our predictions and our understanding of the proposed operation, the noise level from the gravel pit could exceed the Colorado noise limit. As can be seen in Table 1, the noise radiating from the overburden removal, excavation, or the crushing and loading operation alone will exceed state noise limits. 6. It is common practice in environmental noise studies to evaluate the noise levels at sensitive receivers assuming worst case conditions. This allows the acoustical consultant to state that the noise from the site will not exceed the noise limits. At large distances from the noise sources (> 300 feet), the effects of wind and temperature gradients are significant. It is standard practice to evaluate the sound radiating from environmental noise sources assuming weather conditions favorable for sound propagation. Conditions favorable for sound propagation are as follows: a. Wind from 2 to 7 mph blowing from the source towards each of the receivers. And/Or b. Propagation under a well-developed temperature inversion. A temperature inversion is a condition where the air temperature gets warmer as you travel further from the from ground. The EDI report does not assume worst case weather conditions. Hence, their predictions are only valid when there is no temperature inversion and the wind is not from the north. 7. In the Back-up Beeper section of the EDI report, they state that 23' from the rear of a front end loader the sound level is 92 dBA. This equates to 79 dBA at 100'. A Type D back up beeper, which the report recommends, only produces 62 dBA at 100'. A Type B beeper (82 dBA at 100') will he required to snatch the sound output or the front end loader, and therefore be clearly audible. The State of Colorado noise ordinance (25-12-103 (3)) states that, "periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of 5 dBA less than those Iisted in subsection (1) of this section." Subsection 1 states that during daytime hours (7 AM to 7 PM) the noise radiating to a residential property shall not exceed 55 dI3A. It can be argued that the back-up beepers cause a periodic and shrill noise and should be held to this more stringent noise limit of 50 dBA during daytime hours. The noise from the Type 13 back-up beeper alone produces a sound level of 82 dBA at 100', which is equal to 50 dBA at 3,980'. According to the EDI report, "a back-up beeper because df its small size is not a highly directional device, sending as much sound upwards and outwards into the surrounding community as it does downwards and onto workers in the area behind the vehicle." Based on this statement, remounting the back-up beeper will not greatly impact reduce the amount of noise radiating to the community. Hence, if one back-up beeper operates within 3,980' of any residential property line and there is line -of -sight between the hack -up beeper and the residences, it could exceed the Colorado noise limits. Mr. Bob Regulski April 9, 2001 Page 7 8. There is no mention in the EDI report about the noise radiating from the pump located at the south end of the site. 9. The EDI report does not state how the reference noise levels were obtained. We assume that the noise levels are L„I noise levels measured at approximately 5 feet above the ground. The problem with this is that some of the noise sources have directional characteristics, in particular the screens. A receiver that is at a higher elevation (such as the residences to the south) that look down on the screens will he exposed to higher noise levels. If you have any questions, please feel free to call. Sincerer. William M. Holliday, P.E. Senior Project Consultant Enclosure: Figures 1-3 DAVID L. ADAMS ASSOCIATES, INC. Consultants to Acaustics and Ferfouras Arts Technologies,� r . _ 1701 BOULDER STREET • DENVER. COLORADO 80211 www,diaa.ccm • denver@dlaa.corn Vicinity Map (from Assessor's Map) Peterson Gravel Pit - CCAP Figure No. 1 = 500 Date April 2, 2001 r Project No. 6285 Drawn By wmh ;I Fra 1000 Gal. 0 FUEL, GRAPHIC SCALE itN FEET Aa71 —903 rsrr 5dt Pow P,peLoe f rcz.,ed 5dt fence ( 3,440 Lf) 520 ''\\! ti DAVID L. ADAMS ASSOCIATES, NC Consultants In Acoustlo gad rerfarming Arts TeclsaoloSieI 'd 1701 ,�,. 1701 BOIII.DER STREET • DENVER, COLORADO 80111 www.dlaa,com , denven)dlaa.com Site Plan Peterson Gravel Pit - CCAP Figure No. „ 1 = 200' - -- Date April 2, 2001 Project No. 6285 Drawn By wmh DAVID L ADAMS ASSOCIATES, INC. Consultants in Acoustics and Performing Arts Technologies 170[ BOULDER STREET • DENVER. COLORADO 80211, www,dlaa.corn ' denver@daa.com Line of Site to Equpment Peterson Gravel Pit - CCAP Date April 2, 2001 not to scale Project No. 6285 Drawn By wmh Figure No. 3 DAVID L. ADAMS ASSOCIATES, INC. PROFESSIONAL BIOGRAPHY WILLIAM M. 1101.1,IDAY, P.E. F:1)1 `CATION Bachelors of Science in Mechanical Engineering, Lehigh University, 1990. Masters of Science in Mechanical Engineering - Acoustics, Purdue University, 1992. PROFESSIONAL AFFILIATIONS Registered Professional Acoustical Engineer in the State of Oregon Acoustical Society of America (ASA) Institute of Noise Control Engineering (INCE) EXPERIENCE In October of 1999,.Mr. Holliday joined David L. Adams Associates, Inc. As an associate, he is responsible for: analysis of HVAC system noise, room acoustic analysis, sound isolation, and environmental noise analysis. Prior to joining David L. Adams Associates, Inc., Mr. Holliday was employed by Daly-Standlee & Associates, Inc., an acoustical consulting firm in Portland, Oregon. During his four years there, he worked on a variety of architectural and environmental -industrial projects. Mr. Holliday was responsible for: conducting room acoustic measurements, performing room acoustic predictions, evaluating HVAC system noise, conducting floor vibration tests, and making designs recommendations. Representative architectural projects for which he has had design responsibilities include: Portland City Hall, Jefferson Hall at Pacific University, Multnomah. County Library, Crater Lake Lodge, Craterian Theater, Clark County Juvenile Justice Facility, University of Oregon Student Center, Intel Corporation, OSHU, Whitaker Middle School, and Multnomah Athletic Club. Mr. Holliday has also worked on many environmental projects where he has: conducted sound measurements, made noise radiation predictions, controlled noise sources, evaluated noise sources relative to applicable government regulations, and provided expert testimony. Representative environmental noise control projects for which he was has had design responsibilities include: Tri - Met Light -Rail, East River Bank Park, James River Corporation, Clackamas County DOT Quarries, University of Washington at Vancouver, East County Reclamation, Union Pacific, Portland International Airport, Cornel Road Re -Alignment, North Marine Drive Extension, and Pacific Gas Transmission. Before working at Daly-Standlee & Associates, Inc., Mr. Holliday worked with Digisonix, Inc., an. active sound control system company, from 1992 to I995. While at Digisonix, Inc., his work included the analysis of noise problems associated with HVAC systems and industrial plants and in the development of active and passive noise controls for various clients. AN OVERVIEW OF DAVID L. ADAMS ASSOCIATES, INC. David L. Adams Associates, Inc. was founded in Denver, Colorado in 1979 to provide acoustical consulting design services. Shortly thereafter, the firm's capabilities were expanded to include audio/visual and theatre consulting and design services. Today, the firm has offices in Denver, Colorado and Kailua, Oahu, Hawaii. The principals of the firm are David L. Adams, Edward L. Logsdon and Jeffrey F. Kwolkoski. Our company employs a total of fourteen people, of which eleven comprise the firm's technical staff and three perform administrative and secretarial services. The technical staff maintains active memberships in the Acoustical Society of America, the National Council of Acoustical Consultants, the International Society for the Performing Arts, the United States Institute of Theatre Technology, the Institute of Electrical and Electronic Engineers, the Audio Engineering Society, the Institute of Noise Control Engineering, the Society for College and University Planning, the Council of Education Facility Planners International, and many other professional societies and local community organizations. DAVID L. ADAMS ASSOCIATES, INC, ENVIRONMENTAL NOISE CONTROL ENGINEERING PROJECTS The professional staff of David L. Adams Associates, lnc. has extensive experience in the assessment, abatement and control of noise emanating from a variety of sources, such as aircraft and vehicular transportation systems, manufacturing facilities, commercial facilities, etc. The broad range of activities comprising this experience includes sound level surveys, computer modeling of existing and projected future noise levels and the design or development of mitigating measures. The staff has also been active participants in establishing federal noise policy and in providing assistance to local governments in the development of effective, yet enforceable, noise ordinances. The following lists of projects are indicative of the experience and qualifications of the David L. Adams Associates' staff in environmental noise assessment, evaluation, abatement and control: Aircraft/Airport Noise Projects A landmark project which is the first of its kind in the country. For this project, David L. Adams Associates (DLAA) developed a sound insulation design and implementation program for more than 3,600 homes, 22 churches and. 8 schools, including a small college campus, in Aurora, Denver and Adams County. The materials developed by DLAA for the implementation of this project include an Installing Agency Manual for use by the government agencies doing the actual contracting, which directs the decision-making process from field inspection through complete specifications and drawings. We also developed a training video tape to instruct field inspectors and contractors on the special concerns of construction for improving sound insulation. Individual design development documents were produced for each school and church structure. Aircraft noise level study and sound insulation analysis for office buildings, classrooms and housing close to runways, taxiways and flight test lanes at two U.S. Marine Corps air stations in California. A total of 85 buildings were evaluated for sound insulation, and aircraft noise level measurements were recorded at more than 60 locations at each air station. Sound insulation design for a firehouse located between the north/south runways of Stapleton International Airport. Recommendations for the acoustical designs of training rooms, control rooms and living quarters were also included in the study. Noise abatement study and design services for six schools in Aurora, Colorado severely impacted by aircraft operations at Stapleton International Airport in Denver, Colorado. This study involved verification of existing and projected future noise contours, extensive sound level measurements, an assessment of the noise impact and the development and design of noise abatement measures for the six schools. ENVIRONMENTAL NOISE CONTROL ENGINEERING PROJECTS Page 2 Aircraft noise impact study, including the development of aircraft noise contours and the preparation of information for public hearings for a proposed airport construction in Breckenridge, Colorado. Noise impact study and evaluation for the contemplated relocation of a general aviation terminal facility at Denver's Stapleton International Airport. Extensive sound level measurements were conducted, and the aircraft and vehicular traffic -generated noise impacts on the community were assessed. Aircraft noise assessment for Rocky Mountain Airways in regard to STOL operations at Sardy Field (Pitkin County Airport) in Aspen, Colorado. The effect of extending the runway and extending the hours of operation into the nighttime was evaluated through the development of airport noise contours. Noise abatement design for the Santa Clara Civic Center and the Santa Clara. County Service Center near San Jose International Airport in San Jose, California. Voluntary participation as an acoustical expert on aircraft noise assessment and noise reduction through construction materials and technology. Required extensive literature search of past and on-going sound insulation, analyses of various construction types, limited acoustical testing for verification of methodology, and the development of a calculation worksheet for use by architects and housing developers to determine the exterior sound level reduction (SLR) of new residential units relative to aircraft noise. Served as an acoustical expert and advisor to the City of Aurora in the drafting of an airport noise ordinance controlling land use and implementing mandatory sound insulation for new construction on an area or the City impacted by one major airport, one military airfield, two general aviation airports, and a future international airport, Denver International Airport, to replace Stapleton International Airport. Aircraft noise impact evaluation and assessment for a proposed emergency medical facility near Evergreen, Colorado, involving the development of noise contours for helicopter operations at the facility. Aircraft noise abatement design for the NBl Business Complex near the end of the Boulder County Airport in Boulder, Colorado. Aircraft noise assessment and evaluation at the proposed site of St. Joseph Meridian Hospital near the Arapahoe County Airport, southeast of Denver, Colorado. ENVIRONMENTAL NOISE CONTROL ENGINEERING PROJECTS Page 3 Site evaluation of two potential school sites within a high noise area adjacent to Buckley Air Force Base in Aurora, Colorado and within the approach path for Stapleton International Airport. The study included sound level measurements and assessment of future noise impact and evaluation for both sites. Noise and vibration impact study and evaluation of four different helipad sites providing air ambulance access to University Hospital in Denver, Colorado. The hospital is located in a densely populated area, and the study included noise and vibration impact analysis of the different sites on residential units, an adjacent state office building and a nearby hospital. The effect of shielding by buildings and several different helicopter models were investigated. Conducted a feasibility study for a residential noise insulation program in Bridgeton, Missouri. The program was a community response to a proposed new landing strip at Lambert -St. Louis International Airport. Preliminary abatement measures and cost estimates were developed for the community in a pending lawsuit. Surface Transportation System Noise Projects Noise impact study for proposed Chatfield Subdivision residential development near State Highway 75 in Jefferson County, Colorado. Noise impact study and abatement design for the North Bowl residential development at Genesee near Interstate Highway 70 in Jefferson County, Colorado. Noise impact study for the Ridge at Hiwan, a residential development, near State Highway 74 in Evergreen, Colorado. Noise impact study and abatement design for Filing No, 15, the Ski. Area and the Bartholic Area of Genesee Subdivision near Interstate Highway 70 in Jefferson County, Colorado. Noise impact study for portions of the Brandywine Subdivision housing development near Lowell Boulevard in Broomfield, Colorado. Railroad noise assessment for a proposed senior citizen's apartment complex in Castle Rock,. Colorado. Noise assessment and abatement design for The Promontory, a luxury residential and commercial development at the intersection of Interstate Highways 25 and 225 in Englewood, Colorado. Highway -generated noise assessment study for Interstate Highway 280 in West Orange, New Jersey for the U.S. Department of Transportation which offered the unique opportunity to measure and document before and after sound levels and verify accuracy of noise projections. ENVIRONMENTAL NOISE CONTROL ENGINEERING PROJECTS Page 4 In-depth noise and vibration assessment and abatement design for two major downtown bus transfer centers for Denver's Regional Transportation District. Traffic noise study and sound isolation design for the new Hult Performing Arts Center in Eugene, Oregon. Industrial/Commercial Environmental Noise Projects Noise abatement and design for reducing community noise exposure at a steel tank manufacturing facility in north Denver, Colorado. Noise assessment and abatement design for a variety of types of domestic water wells and pump houses to meet the Albuquerque, New Mexico noise ordinance. Noise abatement design for an apartment house cooling tower in southeast Denver, Colorado to alleviate tenant and surrounding community noise exposure. Assessment of existing and projected future noise levels, including noise contours, for the planned expansion of a petrochemical facility near Houston, Texas, Noise assessment study, conducted for the producing department of a major oil company in La Habra, California, which included the operation of a comprehensive set of noise control guidelines for oil drilling rigs, erected in residential areas. Noise assessment study for the IBM facility in Boulder, Colorado. DLAA developed a graphic model to assist in analyzing the noise impact of the complex facility with multiple noise sources. A computer spreadsheet program was used to solve the numerous calculations. The numerical data was transferred to a site plan to which noise contours were plotted. The noise contour model enabled a more definitive analysis of the site and identification of the primary and secondary noise sources. Noise assessment and design of noise control measures to alleviate community noise due to roof mounted equipment at Coors Brewing Company in Golden. Colorado. Community noise assessment study for Denver Rio Grande and Southern Pacific Railroad maintenance facility in Denver, Colorado. The facility is located in close proximity to residential properties. Means to abate the load test stations were developed. Noise abatement design for Union Pacific maintenance facility in North Little Rock, Arkansas. Recommendations were provided for abating employee noise exposure during test load operations. Noise abatement design for Tracie Booster Station, a water supply pumping facility, in Albuquerque, New Mexico. ENVIRONMENTAL NOISE CONTROL ENGINEERING PROJECTS Page 5 Entertain ment/Recreation Noise evaluation, assessment and abatement design for a new small arms shooting range at the Alcons Sports Center in Albuquerque, New Mexico, Community noise measurements around Fiddler's Green amphitheatre in Greenwood Village, Colorado including background noise measurements and surveys during performances. Noise measurement, evaluation and expert witness testimony in a lawsuit over noise levels from a shooting range located in Central Colorado. Noise measurement, evaluation, abatement design and expert witness testimony in a lawsuit of noise levels from a nightclub with live entertainment. Community noise assessment and feasibility study for Boise Family Fun Center in Boise, Idaho. Noise measurements were conducted at a similar facility in Charlotte, North Carolina to predict the level of noise impact at the Boise site. Noise Impact study for Glacier Park, an outdoor entertainment center in Littleton, Colorado. Results of noise study were presented to Littleton's City Council for consideration in granting a zoning variance. Conducted a conceptual design study for selection of an amphitheatre site at the Arvada Center for the Performing Arts. Community noise projections to the nearest residential communities were evaluated for different site locations. Required mitigation measures were incorporated into the final design of the facility. Conducted a community noise impact study for a new amphitheatre in Dillon, Colorado. ADDITIONAL PROJECTS ADT GENERATOR NOISE, Aurora, CO ALEXANDER DAWSON ELEMENTARY SCHOOL, Lafayette, CO ALEXANDER DAWSON ELEMENTARY SCHOOL - HENDERSON HALL, Lafayette, CO ALKIRE & 28TH ENVIRONMENTAL NOISE, Jefferson County, CO ALKIRE & 28TH FOLLOW-UP, Jefferson County, CO ARVADA CENTER MECHANICAL NOISE, Arvada, CO ARVADA SKATEBOARD PARK, Arvada, CO ASPEN BLOCK BUILDING, Aspen, CO ASPEN GONDOLA NOISE STUDY, Aspen, CO BASIN RESOURCES NOISE SURVEY, Weston, CO BASIN RESOURCES, INC. FAN NOISE, Weston, CO BEAVER CREEK PLAZA NOISE, Beaver Creek, CO ENVIRONMENTAL NOISE CONTROL. ENGINEERING PROJECTS Page 6 BELLEVIEW SQUARE -ROOFTOP MECHANICAL EQUIPMENT NOISE TESTING, Greenwood Village, CO BOTANIC GARDENS NOISE STUDY, Denver, CO BROOMFIELD DOG KENNEL, Broomfield, CO BUFFALO LODGE - GORSUCH RETAIL HVAC, Keystone, CO CAROUSEL RESTAURANT & BAR, Garden City, CO CHILDREN'S HOSPITAL, Denver, CO CITY PARK BAND SHELL AND PAVILION RENOVATION, Denver, CO COLORADO DEPARTMENT OF TRANSPORTATION GENERATOR BUILDING, Denver, CO COLORADO DEPARTMENT OF TRANSPORTATION PAVEMENT MEASUREMENTS II, Deer Trail, CO COLORADO DEPARTMENT OF TRANSPORTATION GENERATOR BUILDING, Denver, CO COLORADO INTERSTATE GAS, Ft. Lupton, CO COOPER RESIDENCE, Engelwood, CO COORS NOISE MONITORING STUDY, Golden, CO COORS TAVERN, Denver, CO CORBRIDGE vs. GREENWOOD VILLAGE, Greenwood Village, CO DAKOTA RIDGE NOISE MONITORING, Boulder, CO DENVER DISTRICT COOLING, Denver, CO DIA FOUNTAIN SIMULATION, Denver, CO DONNELLY RESIDENCE, Edwards, CO FIDDLER'S OFFICE TOWERS, Englewood, CO FIRST PLYMOUTH CONGREGATIONAL CHURCH COURTYARD, Englewood, CO FORT MORGAN WASTEWATER, Fort Morgan, CO FOUNTAIN COLONY, Fountain, CO GOLDEN PEAK BASE SKI FACILITY REDEVELOPMENT, Vail, CO HAMPDEN TOWN CENTER, Denver, CO HIGH PLAINS SPORTS CENTER, Lochbuie, CO HOGBACK PUMP STATION, Jefferson County, CO HOLME RESIDENCE, Denver, CO HOME DEPOT, Lakewood, CO IBM BI -ANNUAL NOISE MONITORING, Boulder, CO IBM COOLING TOWER, Boulder, CO IBM GENERATOR NOISE TEST, Boulder, CO IBM NOISE ASSESSMENT STUDY AND MONITORING, Boulder, CO INA GATEWAY FACILITY, Tempe, AZ JAMES PARK, LOT 2, Grand Junction, CO KAISER-LAFAYETTE BUILDING, Denver, CO KALDENBACH RESIDENCE NOISE MEASUREMENTS, Erie, CO KIPLING & 6TH AVENUE RETAIL, Lakewood, CO KOB-TV HELICOPTER NOISE, Albuquerque, NM KOHL'S DEPARTMENT STORE, Louisville, CO ENVIRONMENTAL NOISE CONTROL ENGINEERING PROJECTS Page 7 LA BON ITA NOISE ABATEMENT, Denver, CO LG&E POWER, Greeley, CO LODGE AT VAIL-INTERNATIONAL WING, Vail, CO LONE TREE CC&R, Lone Tree, CO LOUISIANA PURCHASE, Aurora, CO MAINSTREET HOMES, Aurora, CO MAROON CREEK BALLFIELDS, Aspen, CO MEADOW HOMES EWNR, Aurora, CO MEASAT BROADCAST AIRCRAFT NOISE REDUCTION, Kuala Lumpur, Malaysia MILE HIGH HELICOPTER NOISE, Denver, CO MOORE RESIDENCE, Evergreen, CO NORTHEAST ELEMENTARY SCHOOL CHILLER, Douglas County, CO ONE BEAVER CREEK, Beaver Creek, CO PASTA JAY'S, Boulder, CO PEANUTS/BUCKINGHAM STATION, Aurora, CO PEORIA STREET TRAFFIC NOISE MONITORING, Aurora, CO PEP BOYS AUTOMOTIVE SUPERCENTERS, Aurora, CO PIERCE STREET NOISE MONITORING, Littleton, CO ROCK CREEK RANCH, Superior, CO SAINT JOSEPH HOSPITAL EMERGENCY GENERATOR, Denver, CO SEARS CORPORATION BARRIER, CA SOUTH KIPLING TRAFFIC NOISE MONITORING, Jefferson County, CO STORAGETEK AME OFFICE, Longmont, CO TESTING -335 DETROIT, Denver, CO THE MILLENNIUM ARENA, North Las Vegas, NV TRINIDAD WELL TESTING, Trinidad, CO UNION PACIFIC RAILROAD-JENKS ENGINE LOAD TEST, Littlerock, AR UNIVERSITY OF COLORADO CHILLER NOISE, Boulder, CO UNIVERSITY OF NORTH DAKOTA-EERC GENERATOR NOISE, Grand Forks, ND USAAJGO-KARTS, Englewood, CO USDA GENERATOR NOISE, Grand Forks, ND US WEST, Boulder, CO US WEST BOULDER EMERGENCY GENERATOR, Boulder, CO US WEST ZUNI COOLING TOWER GENERATOR, Adams County, CO VASSAR ELEMENTARY SCHOOL CHILLERS, Aurora, CO WELLSPRING AT AURORA, Aurora, CO WEST 72ND AVENUE TRAFFIC NOISE STUDY, Arvada, CO WOODMEN OAKS BARRIER, Colorado Springs, CO ZAMORA PUMP STATION, Albuquerque, NM RISKS & HAZARDS WESTERN SLOPE AGGREGATES, INC, SPECIAL USE PERMIT APPLICATION PREPARED FOR CONCERNED CITIZENS AGAINST THE PIT BY ALICIA BELL-SHEETER HALF MOON RESOURCES, INC. 10 APRIL 2001 1. DUST IMPACTS • SILICA, CRYSTALLINE (RESPIRABLE SIZE), EIGHTH REPORT ON CARCINOGENS, (NATIONAL TOXICOLOGY PROGRAM, NATIONAL INSTIT"UT"ES OF HEALTH) CRYSTALLINE SILICA RESPIRATORY HEALTH EFFECTS (NATIONAL INDUSTRIAL SAND ASSOCIATION) • HAZARD COMMUNICATION LABELING AND WARNING (RICCI BROS. SAND CO., INC.) • QUESTIONS FOR STAKEHOLDERS ON THE DEVELOPMENT OF A COMPREHENSIVE CRYSTALLINE SILICA STANDARD (OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION) II. IMPACTS TO LOCAL WATER SUPPLIES • APEX CONSULTING SERVICES ANALYSIS III. THE FLOODPLAIN & RIVER MORPHOLOGY • SELECTED EXCERPTS OF THE "DRAFT REPORT -SAND AND GRAVEL MINING IN COLORADO RIVERS AND RIPARIAN AREAS: IMPACTS, REGULATIONS AND SUGGESTIONS FOR THE FUTURE" (WESTERN SLOPE ENVIRONMENTAL RESOURCE COUNCIL, SEPTEMBER, 2000) IV. WATER QUALITY ISSUES V. THE IMMEDIATE NEED FOR NEW OPERATIONS I. DUST IMPACTS The most severe threat to neighbors of this proposed operation is respirable crystalline silica (including quartz, cristobalite, & tridymite), a by-product of such mining activities as rock cutting, drilling, crushing, grinding, and screening. Workers in sandstone, clay and shale and miscellaneous nonmetallic mineral mills have the highest exposure to silica dust. This substance has been upgraded in the Report on Carcinogens, 9r'' edition to a "known human carcinogen" by the National Toxicology Project, National Institutes of Health, Department of Health & Human Services, and a Group 1 carcinogenic agent by the International Agency for Research on Cancer (1997 monograph) Occupational exposure causes or contributes to the development of silicosis, lung cancer, pulmonary tuberculosis, and chronic bronchitis. OSHA has enforced Permissible Exposure Limits for this substance for over 25 years yet continues to find evidence of significant overexposures to crystalline silica, lack of effective workplace controls, and inadequate medical evaluations of employees. Given the findings and concerns of these agencies, i.e., that existing methods of controlling exposure to this known carcinogen are not effective, the proposed dust suppression methods proposed by the applicant are woefully inadequate. The National Institute for Occupational Safety and Health has found that: • the mining industry tests for noncompliance, with at least 2 times the permissible exposure limit, 57% of the time, • the concrete, gypsum and plaster products industry tests for noncompliance, with at least 2 times the permissible exposure limit, 12% of the time, and • the cut stone and stone products industry tests for noncompliance, with at least 2 times the permissible exposure limit, 27% of the time. According to NIOSH (1986), "[R]esidents near quarries and sand and gravel operations are potentially exposed to respirable crystalline silica. A major source of cristobalite and tridymite in the United States is volcanic rock in California and Colorado." Therefore residents near this proposed operation would be exposed to not one, but all three, hazards associated with this type of operation. The questions for this board are: • If OSHA standards have been determined to be inadequate to protect workers from the health risks posed by this type of operation, how will Garfield County ensure that the public health and welfare of not just employees, but of residents, is protected? ■ There are several seniors and any number of children who live in this neighborhood—and there will be hundreds more once the new high school is constructed. All of the residents of this neighborhood will be exposed to this risk. What contingency funds will be made available to these populations to compensate them for future health problems if this operation is allowed in this residential neighborhood? • What level of liability is Garfield County willing to assume by permitting this operation and how is it to be funded? ■ There are several seniors and any number of children who live in this neighborhood—and there will be hundreds more once the new high school is constructed. All of the residents of this neighborhood will be exposed to this risk. What contingency funds will be made available to these populations to compensate them for future health problems if this operation is allowed in this residential neighborhood? • What level of liability is Garfield County willing to assume by permitting this operation and how is it to be funded? II. IMPACTS TO LOCAL WATER SUPPLIES This is not rocket science—pumping groundwater affects the water table—pumping a lot of groundwater (2.8 million gallons a day), affects the water table a lot. Depletion of wells is one of the most common effects of this type of operation and most states do not allow excavation below the water table. This risk is present not only for those properties situated closest to the site, but those across l-70, in the Peach Valley area and surrounding environs. APEX CONSULTING SERVICES ANALYSIS • Based on the projected pumping rate, domestic wells within 1,000 (of which there are 10) may be impacted, particularly during periods of low -flow in the Colorado River. • Potential adverse impacts to vegetation are also likely to occur with the proposed rate of dewatering, specifically to the old-growth cottonwood trees, which are a riparian species. Destruction of this vegetation would also cause further erosion along the stream bank as the root systems provide stability. • At a minimum, groundwater modeling should have been completed to establish baseline conditions, along with a modeling program to determine potential impacts to wells and vegetation. As no contingency plan has been submitted to address this risk and/or eventuality, the questions for this board are: • What contingency funds will be made available to affected populations to compensate them for future impairment of their water rights if this operation is allowed? • What level of liability is Garfield County willing to assume by permitting this operation and how is it to be funded? III. WATER QUALITY ISSUES There are a variety of risks to water quality associated with the industrial activities proposed. These include spills and leakage of petroleum hydrocarbons and other chemicals associated with equipment usage and a concrete batch plant. Any such release poses a threat of contaminated water for some distance. At a minimum, a groundwater flow analysis should have been completed to determine what risks are presented, and to whom, along with a management plan to remediate such events. Additionally, sediment bedloading is a primary source of non -point pollution in the State of Colorado, On the face of it, the proposed sedimentation pond appears inadequate to ensure that Again, as no contingency plan has been submitted to address this risk and/or eventuality, the questions for this board are:. • What contingency funds will be made available to affected populations to compensate them for future impairment of their water quality if this operation is allowed? ■ What level of liability is Garfield County willing to assume by permitting this operation and how is it to be funded? IV. THE FLOODPLAIN & RIVER MORPHOLOGY Sand and gravel mining has the potential to radically transform the hydrology and ecology of the river corridor, whether the operation is in -stream or in the alluvial floodplain. These activities disrupt riparian environments and river stability by virtue of stripping or killing off vegetation and through the use of obstructions, such as berms. Furthermore, taxpayers are left to subsidize this industry when these activities are allowed to damage public and private property. Floodplain pits can become centers of erosion when they strip away protective vegetation and weaken riverbanks, and of one of the most severe risks present with this type of mine is the risk of "pit capture.°' High flows result in an increased probability of water breaking through, thus causing headcutting and hungry water. As the river is isolated from its floodplain with the construction of dikes and/or berms, the result is simply to increase the risk of damage downstream. Furthermore, berms can result in severe hungry water. Hungry water gets its named because it's "starved" for sediment. This circumstance often occurs downstream from dams or other diversions where the water velocity is decreased, thereby limiting the river's ability to achieve a natural sediment load. When the water picks up speed downstream it is sediment -deprived and therefore highly erosive, i.e., "hungry." A prime example of this phenomenon occurred in the very section of the river for the proposed Peterson pit. Several properties found their homes dangling over a precipice due to severe erosion and hundreds of thousands of yards of earth were washed into the Colorado River. Again, as no contingency plan has been submitted to address this risk and/or eventuality, the questions for this board are: • What contingency funds will be made available to affected populations to compensate them for future impairment of their property if this operation is allowed? • Particularly in light of the fact the Garfield County has elected to exempt this operation from floodplain regulation, what level of liability is Garfield County willing to assume by permitting this operation and how is it to be funded? Comments from the Federal Emergency Management Agency suggest that potential disaster funding from that agency could be reduced given that the County has chosen not to enforce its regulations. NO IMMEDIATE NEED FOR NEW OPERATIONS Once again, it is entirely reasonable to state that current aggregate reserves are more than adequate to meet the needs of Garfield County well into the future. There has been no evidence made available that this is not, in fact, the case. In the interest of well-informed decisions and the public health and welfare, it is imperative that Garfield County initiates appropriate studies to determine what the cumulative needs of this county are. There is ample time to develop a master plan for natural resource extraction, which also has the potential to mitigate continued controversies over incompatible and inappropriate land uses. Information has been received that Garfield County is in the process of initiating a geological survey of this mineral resource. Let's begin the process of developing appropriate mechanisms for dealing with this issue and work collectively toward achieving mutual agreement on land uses in Garfield County. KOC.: �lllra, urystauine vicespiraDie Reasonably Anticipated l© be a Human Carcinogen Eighth Report Oft Carom:yens SILICA, CRYSTALLINE (Respirable Size) First Listed in the Sixth Annual Report on Carcinogens CARCINOGENICITY rage 1 tit There is sufficient evidence for the carcinogenicity of respirable crystalline silica in experimental animals (IARC V.42, 1987; IARC S.7, 1987). When administered by inhalation, quartz (14808-60-7) induced significant increases in the incidence of adenocarcinomas and squamous cell carcinomas of the lung in rats of both sexes in one study and female rats (nose -only inhalation) in another study. In three studies in which quartz was administered by single or repeated intratracheal instillation, there was a significant increase in the incidence of adenocarcinomas and squamous cell carcinomas in rats, Different specimens of quartz, with particles in the respirable range, were tested in the inhalation and intratracheal instillation studies. No pulmonary tumors were observed in hamsters in four experiments using repeated intratracheal instillation of quartz dusts. When administered as a single intrapleural or intraperitoneal injection, suspensions of several types of quartz induced thoracic and abdominal malignant lymphomas, primarily of the histiocytic type, in rats of both sexes. When administered as a single intrapleural injection, cristobalite (14464-46-1) or tridymite (15468-32-3), with particles in the respirable range, induced malignant lymphomas, primarily of the histiocytic type, in rats of both sexes. When administered as a single intravenous injection, one sample of quartz failed to induce a significant difference in the presence or multiplicity of pulmonary adenomas in strain A mice of both sexes. An IARC Working Group reported that there is limited evidence for the carcinogenicity of crystalline silica in humans (IARC S.7, 1987; IARC V.42, 1987). A number of studies have investigated the occurrence of lung cancer in persons diagnosed as having silicosis after occupational exposure to dust containing respirable crystalline silica. Of three case -control studies, two showed an association between silicosis and lung cancer. Seven cohort studies and one proportionate mortality study all demonstrated that lung cancer occurs more frequently in silicotics than in the general population. This increase has been seen among miners, quarry workers, foundry workers, ceramic workers, granite workers, and stone cutters, In some of these studies, the risk of lung cancer increased with duration of employment. Only rarely, however, were data obtained on smoking and on potential confounding exposures and the comparability of the referent population assured (IARC V.42, 1987; IARC 5.7, 1987). PROPERTIES Silica is noncombustible, colorless or white, tasteless "crystals". It occurs naturally in crystalline and amorphous forms and the specific gravity and melting point depend on the crystalline form. The basic structural units of the silica mineral are silicon tetrahedra, Si02. These are linked in the four corners with other tetrahedra. Slight variations in the orientation of the silicon tetrahedra result in the different polymorphs of silica. in crystalline http:/Jntp-server,niehs.nih.govlhtdocs/8_R©CIRAC/SilicaCrystalline.html 0411012001 mcg. J�,ic c� urysiaiiine trtespurdoie blZ ) rage silica, silicon and oxygen atoms are arranged in definite regular patterns throughout (Parmeggiani, 1983). Quartz, cristobalite, and tridymite are the three most common crystalline forms of free silica. Quartz, cristobalite, and tridymite are interrelated and may change their form under different temperature and pressure conditions. The quartz structure is more compact than that of tridymite or cristobalite (IARC V.42, 1987). Quartz melts to glass and has the lowest coefficient of expansion by heat of any known substance. Silica is insoluble in water and most acids but dissolves in hydrofluoric acid forming gaseous silicon tetrafluoride. It is slowly attacked by heating with concentrated phosphoric acid. Crystallized forms of silica are rarefy attacked by alkalies (Merck, 1989). USE Naturally occurring silica materials are classified by end use or industry. Sand and gravel is produced almost exclusively for road building and concrete construction, depending on particle size and shape, surface texture, and porosity (IARC V.42, 1987). High -purity silica sand that may be extracted from sand and gravel operations is also a major industrial commodity. Industrial quartz crystal is another major industrial classification of silica materials (USDOI, 1990). Quartz and quartzite products are high -purity products. Silica sand deposits, commonly quartz or derived from quartz, are high in silica content, typically 95%, although impurities may be present up to 25%. Silica sand has been used for many different purposes for many years. The principal use for silica sand is in the manufacture of glass (IARC V.42, 1987). Sand with a low iron content and more than 98.5% silica is used in the manufacture of glass and ceramics. Foundry castings is another major use of silica sand; lower purity sand is added to clay to form molds for casting iron, aluminum, and copper alloys. Its use in abrasives, such as sandpaper, grinding and polishing agents, and sandblasting materials, is another significant application. A recent use of silica sand in the United States is in hydraulic fracturing to increase rock. permeability to increase oil and gas recovery. Approximately 850,000 tons of silica sand were used for hydraulic fracturing in 1983. Use patterns for silica sand were relatively stable between 1973 and 1983, except for a decreased use for foundry applications. In 1983, glass sand accounted for 37.4% of silica sand use; foundry sand, 26.7%; abrasives, 8%; hydraulic fracturing, 4%; and other uses, 23.9%. Silica sand is also used as raw material for the production of silicon and ferrosilicon metals, abrasive silicon carbide, activated silica, silica gel desiccants, and sodium silicate and as a builder in detergents. It may also be used to filter large volumes of water, such as municipal water supplies and sewage. Silica bricks and tiles are used to line furnaces and pottery kilns. Silica sand products are marketed in a wide range of grades, including extremely fine grades known as flours. Silica flour, not always labeled as containing crystalline silica and often mislabeled as amorphous silica, is used industrially as abrasive cleaners and inert fillers (NIOSH, 1981). It may be used in toothpaste, scouring powders, metal polishes, paints, rubber, paper, plastics, wood fillers, cements, and road surfacing materials. Silica flour is also used in foundry applications. Quartz was probably first used as a gem stone several thousand years ago. Its primary use was for jewelry until 1880 when its dielectric and piezoelectric properties were discovered (IARC V.42, 1987). Large quantities of pure quartz crystals were required when the applications of pure quartz were discovered for the electronics industries. It was used in http://ntp-server.niehs.nih.gov/htdocs/8_,RoC/RAC/SiIicaCrystalline.html 04/10/2001 rcou. 3iiica, urysta1Jine (Kespiraole bize) Page 3 of 6 radio oscillator circuits to control electromagnetic wave frequencies. Great demands for pure quartz crystals come from the electronics and optical components industries. High - purity synthetic and natural quartz crystals are used for special optical applications such as fiber optics and in the manufacture of watches, microcomputers, television equipment, and wireless communications equipment Cristobalite and tridymite generally occur naturally together (USDOL, 1989). Cristobalite is used in the manufacture of water glass, refractories, abrasives, ceramics, enamels, and in scouring and grinding compounds. Cristobalite is used to decolor and purify oils. Cristobalite and tridymite are formed by heating silica to high temperatures (NIOSH, 1986). These products are used in insulation, filters, and furnace linings. PRODUCTION World production of silica sand has been relatively stable for the last 10-15 years (IARC V.42, 1987). U.S. production of silica sand has been estimated at 23.7 million tons for 1983. The United States exports approximately only 4% of its production and does not import significant quantities. Estimated U.S. production of construction sand and gravel were 1.78 billion lb for 1989, 1.85 billion ib for 1988, 1.8 billion Ib for 1987, 1.77 billion lb for 1986, and 1.6 billion ib for 1985 (USDOI, 1990). U.S. imports of construction sand and gravel were estimated to be 800,000 lb for 1989, 702,000 lb for 1988. 566,000 Ib for 1987, 410,000 Ib for 1986, and 492,000 Ib for 1985. The United States exported more of these materials than were imported in 1985-1989; an estimated 2 million lb were exported in 1989, 1.9 million Ib in 1988, 2.27 million Ib in 1987, 2.33 million ib in 1986, and 3 million Ib in 1985. Most of the high -purity quartz mined in the United States is in the form of lascas, the precursor material for synthetic quartz crystals (IARC V.42, 1987). In the late 1980s, cultured quartz production surpassed natural quartz mining (USDOI, 1990). World dependence on natural quartz crystal is expected to decline because of increased acceptance of cultured quartz crystal as an alternative. The use of lascas to grow synthetic quartz is expected to increase. Estimated U.S. mining production of quartz (lascas) was 600,000 Ib in 1989 and 1988, 1.2 million Ib in 1986. and 1 million Ib in 1985. U.S. production of high -purity quartz in 1983 was 363 tons, 50 tons in 1982, 79 tons in 1981, 182 tons in 1980 , and 143 tons in 1979 (IARC V.42, 1987). U.S. imports of lascas were estimated to be 200,000 Ib in 1989, 215,000 Ib in 1988, 146,000 Ib in 1987,. 52,000 lb in 1986, and 173,000 lb in 1985 (USDOI, 1990). IARC (V.42, 1987) reported that much of the U.S. production is exported to western Europe and Japan. U.S. Bureau of Mines reports 800,000 Ib lascas were exported in 1985 and no data were reported for 1986-1989 (USDOI, 1990). EXPOSURE Crystalline silica is the most widely occurring of all minerals, and the most common form of silica is sand (Parmeggiani, 1971). It also occurs in nature as agate, amethyst, chalcedony, cristobalite, flint, quartz, and tridymite (Merck, 1989). Silica -bearing deposits are found to some degree in every land mass and strata from every period of geologic time. Silica deposits are almost uniformly quartz or derived from quartz. The majority of deposits mined http://ntp-server.niehs.nih.govlhtdocs/8_RoC/RAC/SilicaCrystalline.html 04110/2001 rwL . 011ll:a, trrespir auie oizu) rage of b. for silica sand consist of free quartz, quartzite, and quartzose deposits such as sandstone MARC V.42, 1987). Quartz constitutes approximately 12% of continental land masses. Granite may contain 25-30% quartz, and shale, up to 30%© quartz. Sandstone is predominantly quartz, and limestone may contain substantial amounts of silica. Quartz is the major constituent of commercial sand. Metallic and nonmetallic ore bodies and fossil fuels may contain quartz. Tridymite and cristobalite occur in a number of deposits and can be formed by natural conversion of quartz or amorphous silica ((IARC V.42, 1987). Potential occupational exposure to respirable crystalline silica is widespread. Dust containing silica is produced during mining; rock cutting, drilling, crushing, grinding, and milling and screening to refine particle size; abrasives manufacturing; pottery making;; and processing of diatomaceous earth. Approximately 3.2 million workers in 238,00 plants in the United States were potentially exposed (IARC V.42, 1987). The National Occupational Exposure Survey (1981-1983) estimated that 342,683 total workers, including 37,985 females, were occupationally exposed to quartz and 20,165 total workers, including 1,514 female workers, were exposed to cristobalite (NIOSH, 1984). Potential exposures to respirable crystalline silica occur in many occupations and industries: quarrying and mining of coal and other minerals (metals and nonmetals); stone cutting and construction; production of glass and ceramics; foundry work; sandblasting, polishing, and grinding; abrasives manufacture: abrasive blasting; boiler scaling; cement production; plastic manufacturing; refractories; road construction and repair; rubber and paint manufacture; insulation production and installation; quarrying and tunneling; scouring soap production; tile and clay production; and vitreous enameling (NIOSH, 1986; IARC V.42, 1987). Potential exposures to respirable crystalline silica occur in nearly all metal and nonmetal mining and milling operations, as well as during mineral processing. More than 45,000 respirable dust samples containing quartz, cristobalite, or tridymite were analyzed for the U.S. Mine Safety and Health Administration between 1971 and 1981 (IARC V.42, 1987). Geometric mean respirable silica exposures were below 0.05 mg/m3 in most of the 15 industry and 14 operation categories included in the survey, but in 64% of the categories, at least 5% of the airborne samples contained more than 0.10 mg silica/m3. Several mining industries involved respirable silica concentrations of greater than 0.05 mg/m3. Of all the samples analyzed, only 175 (z0.4%) were reported to contain cristobalite or tridymite in concentration greater than 1 %. Workers in sandstone, clay, and shale and miscellaneous nonmetallic mineral mills had the highest exposures to silica dust (2.2%-40.9% of the samples exceeded the applicable exposure limit) (IARC V.42, 1987). Within the mills the workers with the highest exposures were the baggers, general laborers, and personnel involved in the crushing, grinding, and sizing operations. Cristobalite was found in 168 samples and tridymite, in 3. Personnel grinding and milling quartz or quartzite rock to produce silica flours are also potentially exposed to high levels of silica dust. The particle size of over 98% (by weight) of silica flours is <5 pm. Personal samples of respirable dust were collected at two U.S. silica flour mills. Eighty-five percent of 91 samples from plant employees contained > 0.05 mg/m3 dust made up of 95-98% crystalline silica. Cleaning personnel and bagging machine operators were exposed to average respirable concentrations of 0.65 and 1.0 mg/m3, respectively (13 and 20 times greater than the recommended limit). Fifty-four percent of dust samples from 27 U.S. silica flour mills collected between 1974 and 1979 contained more than 0.10 mg/m3 respirable silica. In 1984, approximately 2,400 work sites for 15,000-20,000 coal miners exceeded the level of http://ntp-server.niehs.nih.govihtdocs/8_RoC/RAC/SilicaCrystalline.html 04/10/2001 r ot... of u:a, t,ryscainne trcespiraoie hazel wage of b 5% silica. Major sources of silica exposure in these mines were continuous mining operations; roof, floor, and rock band cutting; and roof bolting operations. Floor and roof samples were found to contain 18%-82% quartz, whereas the coal itself contained only 1%- 4%. Granite and stone industry and construction personnel are potentially exposed to respirable silica. Sculptors and carvers, stencil cutters, polishers, and sandblasters had the highest potential exposures; the silica content of respirable dust ranged from 4.8-12.2%. In 1972-1982, 29% of 45 samples collected at building construction sites in the United States exceeded the permissible silica exposure limit by a factor of two or more. Findings were similar for construction work other than buildings; potential exposure of twice the silica permissible exposure limit was found in 27% of 270 samples collected in cut stone and stone products industries_ Respirable silica exposures in clay pipe factories ranged from 0.01-0.20 mglm3; 10% of 348 samples collected from glass manufacturing industries had silica concentrations at feast two times the permissible exposure standards; 23-26% of samples from clay products and pottery industries had concentrations more than twice the exposure limits; one-third of dust samples from fibrous glass plants had concentrations of respirable silica dust in excess of 0.10 mg/m3; levels of respirable crystalline silica in a ceramic electronic equipment parts plant ranged from 0 to 0.18 mg/m3; and 23% of samples collected in iron and steel foundries had concentrations in excess of 0.20 mg/m3 respirable silica. Respirable silica exposures have been measured for personnel involved with other miscellaneous silica uses and processes. Silica concentrations in the breathing zone averaged 4.8 mg/m3 for sandblasters (averages inside and outside protective hoods - not actual worker exposure) and 0.7 mg/m3 for helpers. Silica concentrations inside hoods with no air supply ranged from 0.4-7.7 mglm3. Respirable dust from an abrasive chip factory was found to contain 0.4- 5.8% silica. NIOSH has compiled a list (with percentage of noncompliance) of industries for which respirable silica samples were found to be at least two times the permissible exposure limit; these include agriculture, 63%; mining, 57%; building construction, 29%; construction other than buildings, 30%; food and food products manufacturing, 52%; textile manufacturing, 27%; paper and paper products, 13%; chemicals and chemical products, 13%; petroleum refining, 11%; glassware and glass products, 11%; structured clay products, 26%; pottery and pottery products, 23%; concrete, gypsum, and plaster products, 12%; cut stone and stone products, 27%; abrasive products, 16%; blast furnace, steel works, and rolling and finishing mills, 32%; iron and steel foundries, 23%; rolling and extruding nonferrous metals, 22%; miscellaneous metal products, 46%; fabricated metal except machinery, 22%; machinery except electrical, 13%; electrical machinery and supplies, 23%; transportation equipment, 20%; and measuring, analyzing, and controlling instruments and photographic and medical instruments, 3.6%; miscellaneous manufacturing, 9%; and all other industries, 15% (IARC V.42, 1987). Nonoccupational exposure to respirable crystalline silica results from natural processes and anthropogenic sources; silica is a common air contaminant. Quartz is the most stable mineral on the earth's surface and is the most common mineral in waterborne sediments (IARC V.42, 1987). Residents near quarries and sand and gravel operations are potentially exposed to respirable crystalline silica. A major source of cristobalite and tridymite in the United States is volcanic rock in California and Colorado (NIOSH, 1986). Local conditions, especially in deserts and areas around recent volcanic eruptions and mine dumps, can give rise to silica -containing dust. http://ntp-server.niehs.nih.gov/htdocs/8_RoC/RAC/SilicaCrystal1ine.html 04/10/2001 rtot;: m�mca L rysta+lmne (-tespirable 5mze) Page 6 at b Silica and its common forms are found in a Large number of consumer products. Talc is derived from crushed rock; spackling, patching, and taping compounds for dry -wall construction are formulated from a blend of minerals including crystalline silica (IARC V.42, 1987). Silica flour is added to toothpaste, scouring powders, wood fillers soaps, paints, and porcelain (NIOSH, 1986). Consumers may be exposed to respirable crystalline silica from abrasives, sand paper, detergent, cement, and grouts. Crystalline silica also may be an unintentional contaminant; e.g., diatomaceous earth, used as a filler in reconstituted tobacco sheets, may be converted to cristobalite as it passes through the burning tip of tobacco products (IARC V.42, 1987). Cristobalite and tridymite are used in insulation, filters, and furnace linings (NIOSH, 1986). REGULATIONS NIOSH proposed a recommended exposure limit (REL) for all forms of crystalline silica of 50 pg/m3 to protect workers from silicosis as well as potential carcinogenicity. The NIOSH recommendation included that silica, crystalline quartz (respirable) be labeled a potential occupational carcinogen. OSHA has established permissible exposure limits (PEL) for an 8 -hr time -weighted average (TWA) for crystalline quartz (< 0.1 mg/m3) and crystalline cristobalite and crystalline tridymite (< 0.05 rnglm3). OSHA also regulates silica, crystalline (respirable) under the Hazard Communication Standard and as a chemical hazard in laboratories. http://ntp-server.niehs.nih.gov/htdocs/8_R0C/RACISiIicaCrystalline.html 04/10/2001 August 1997 Crystalline Silica Respiratory Health Effects National Industrial Sand Association PURPOSE It is essential to provide a safe and healthful workplace for workers exposed to crystalline silica. The Occupational Safety and Health Administration (OSHA) regulations and its OSHA Hazard Communication Standard, right -to -know laws, and other applicable federal, state, and local laws and regulations on crystalline silica should be strictly followed. Each workplace is different; only you (the users, including customers and workers) can know and implement the appropriate controls, protections, policies, and procedures to protect those exposed to crystalline silica. It is imperative that you protect, warn, and train al! persons exposed to crystalline silica concerning its hazards. This brochure contains general information only, and is intended to help refresh awareness of some workplace protection issues for those who mine, process, sell, distribute, or use crystalline silica. Respiratory health effects information concerning crystalline silica should be communicated to all who are exposed to crystalline silica in the workplace. CRYSTALLINE SILICA Silica is a compound of the elements silicon and oxygen. It is not chemically combined with other elements. When the basic structure of the molecule is a pattern that is repeated and symmetrical, the silica is considered to be "crystalline." Silica is considered to be amorphous if the molecule lacks crystalline structure. In this brochure, the term silica is used to mean crystalline silica (or crystalline silica's most common form, quartz). Silica occurs virtually everywhere on the earth's surface. Crystalline silica is in most of the rocks found in the earth's crust and in gravels, sands and soils. Many minerals or rocks of commercial value contain varying amounts of crystalline silica. Silica can be a predominant constituent or be present only as a minor accessory mineral with minerals of commercial value. Such rocks and minerals include: Andalusite Barite Beach Sand Bentonite Calcite Clay Diatomaceous Earth Feldspar Kaolin Limestone Mica Pyrophyllite Rutile Talc Tripoli Wollastonite Zeolite Zirconium Sand Vermiculite Granite Sandstone http://wwwriccisand.com/health.html 04/10/2001 Respiratory Health Effects of (,rystalline oilica, National industrial Sand Associa.. Page 3 of inch. Dust particles that are respirable are capable of being inhaled into the conducting airways and gas exchange regions of the lungs. Dust particles larger than 10 micrometers are not capable of penetrating the defense mechanisms of the lung to produce injury to the important lower regions of the lung where oxygen transfer takes place. There are three different types of silicosis. Chronic silicosis may result from prolonged inhalation of excessive levels of respirable silica dust, and may take many years of exposure to develop. A second type, accelerated silicosis, may occur in a relatively shorter period of time from the inhalation of intense excessive levels of respirable silica dust. Acute silicosis, the third type, develops rapidly and has been reported in occupations such as sand blasting and drilling through silica -containing rock. Cases of acute silicosis and complicated cases of chronic silicosis and accelerated silicosis can be fatal. The number of cases of silicosis can be reduced by implementing measures to reduce exposure to silica -containing dusts. Such measures include engineering controls, improved work practices, training programs, and respiratory protection programs. SILICA AND CANCER RISK In 1997, a working group of the International Agency for Research on Cancer (IARC) published a monograph classifying inhaled crystalline silica from occupational sources as carcinogenic to humans, and categorized it as an IARC Group 1 agent. This category is used only when IARC finds there is sufficient evidence of carcinogenicity in humans. The human studies reviewed by the working group included inhalation resulting from workplace exposures. In making the overall evaluation, the IARC working group noted that carcinogenicity was not detected in all industrial circumstances studied, and may be dependent on inherent characteristics of the crystalline silica or on external factors affecting its biological activity or distribution of its polymorphs. The 1997 publication followed by ten years IARC's 1987 classification of crystalline silica as Group 2A. The 2A category is used when IARC finds there is limited evidence of carcinogenicity in humans and sufficient evidence of carcinogenicity in experimental animals, and results in the agent being considered to be "probably carcinogenic to humans." The 1997 monograph was based on a working group action that was taken with a divided vote, indicating that there remains scientific controversy over whether breathing crystalline silica dust increases the risk of developing lung cancer in humans. In 1992, the National Toxicology Program (NTP) of the U.S. Department of Health and Human Services published its "Sixth Annual Report on Carcinogens,"" which listed "silica, crystalline (respirable)" among the "substances or groups of substances ... which may reasonably be anticipated to be carcinogens." The report describes its criteria for determining substances "reasonably anticipated to be carcinogens." This classification has been retained in the NTP's "Seventh Annual Report on Carcinogens." EXPOSURE LIMITS OSHA established Permissible Exposure Limits (PELs) for many substances, including airborne crystalline silica. The OSHA PEL for crystalline silica in general industry is listed in the "Code of Federal Regulations," 29 CFR 1910.1 000, "Air Contaminants," under Table http:11www.riccisand.com/health.html 04/1012001 Respiratory Healtr i Lttects of urystalline Silica, National Industrial Sand Assocla.. f -age 4 of Z-3, "Mineral Dusts." It is a time -weighted average amount that cannot be legally exceeded for an 8 -hour shift during a 40- hour week. OSHA has published general industry PELs for three different forms of crystalline silica. Cristobalite and tridymite are forms of crystalline silica, less abundant than quartz, that have lower PELs than quartz. OSHA's PELs for respirable crystalline silica, expressed in milligrams of respirable dust per cubic meter of air (mg/m3), are as follows: Permissible Exposure Limits Substance mg/m3 Silica, Crystalline (Respirable) (10mglm3) Quartz: (%Si02+2) Cristobalite: Use 1/2 the value calculated from the above mass forrrtuta for quartz. Tridymite: Use 1/2 the value calculated from the above mass formula for quartz. NiOSH recommends exposure limits to OSHA; OSHA is responsible for establishing health and safety regulations. NIOSH recommendations are not mandatory exposure limits. In its criteria document for "Occupational Exposure to Crystalline Silica," published in 1974, NIOSH recommended an exposure limit for all forms of crystalline silica of 0.05 mg/m3 for a 10 -hour day, 40 -hour work week, for the prevention of silicosis. It recommends that silica sand should be prohibited as an abrasive substance in abrasive blast cleaning operations. in 1988, NIOSH recommended that crystalline silica be considered a potential occupational carcinogen. WORKPLACE SAFETY Safety and health programs, policies, and procedures should be implemented and enforced to control silica hazards in the workplace. These programs, policies, and procedures must be designed to fit the specific needs of the workplace. In order to improve safety in the use of industrial sand, exposure to airborne silica - containing dusts should be kept below the exposure limit. A program to protect the respiratory health of workers who use crystalline silica -containing materials should include: • Warning and training workers concerning hazards; • Crystalline silica dust sampling; • Engineering controls; • Good housekeeping; and • Medical surveillance of workers focusing on respiratory health. If engineering controls or administrative procedures cannot keep the respirable silica dust level below the exposure limit, then respiratory protective equipment is necessary. The respiratory protection program should be custom-designed for the workplace by a qualified industrial hygienist following a full assessment of workplace conditions. The program must also include compliance with the OSHA Hazard Communication Standard, other OSHA regulations, and applicable right -to -know and other federal, state, local laws and http://www.riccisand.com/health.html 04/1012001 Respiratory Health Effects of Urystallrne 5rlrca, Nc.Itiunal Industrial Sano Assocra.. r ciye ; ui i regulations. WORKPLACE DUST SAMPLING FOR CRYSTALLINE SILICA A workplace in which silica -containing materials are used should maintain a program of periodic crystalline silica airborne dust sampling. Air sampling is conducted to determine a worker's exposure to respirable size particles of crystalline silica Sampling and analysis of respirable crystalline silica are conducted in accordance with NIOSH Method 7500 for "silica, crystalline respirable." Consultation with an industrial hygienist can help determine appropriate places for workplace sampling, sampling procedures, and sampling frequency. This sampling program should take two forms: 1) workers should be sampled for their personal exposure to respirable crystalline silica in the course of their jobs, and 2) each area of the workplace with silica exposure should be sampled to determine the level of airborne crystalline silica. Dust sampling should be an ongoing program. Higher exposure measurements indicate that more frequent sampling is required to make sure proper control measures are effective in keeping silica levels below the exposure limit. ENGINEERING CONTROLS, ADMINISTRATIVE CONTROLS, AND HOUSEKEEPING Engineering, administrative, and housekeeping controls need to be used to reduce exposure if a worker is exposed to crystalline silica at a level above the exposure limit. Engineering controls consist of the design and installation of new or modified equipment to reduce airborne silica. Industrial ventilation, the most widely used engineering control, involves capturing the dust at points of generation using airflow and removing it through a system of ductwork, air -cleaning devices and fans. Administrative controls, such as limiting a worker's time and presence in areas that have higher silica exposure, can reduce a worker's average exposure to silica -containing dusts. Good housekeeping techniques are important and include dustless methods of cleaning such as washing down surfaces or vacuuming the workplace. RESPIRATORY MEDICAL SURVEILLANCE PROGRAMS A respiratory medical surveillance program can monitor the health of workers. Such surveillance programs should be designed by a physician experienced in occupational or pulmonary medicine. A program should include, at a minimum, the following: • Complete work and respiratory medical history; • Respiratory symptom questionnaire; • Periodic chest x-ray, interpreted by a physician certified by NIOSH as a B reader with demonstrated proficiency in the classification of silicosis; and • Evaluation by a physician with special attention to the lungs. The worker should be informed of the results of the examination and, if indicated, be provided with advice regarding continued exposure to crystalline silica. Comprehensive guidelines for a respiratory medical surveillance program can be found in "Surveillance for Respiratory Hazards in the Occupational Setting" by the American Thoracic Society, which http::I/www.riccisand.comlhealth.html 04/10/2001 Respiratory Health t elects of Urystallane Silica, National Industrial Sanu I -age 6 of is available from local chapters of the American Lung Association. RESPIRATORY PROTECTIVE EQUIPMENT If any work area exceeds the crystalline silica exposure limit, appropriate respiratory protective equipment should be worn by anyone entering that area. There are several types of respirators providing varying levels of protection against dust. OSHA regulations for respiratory protective equipment can be found in "Code of Federal Regulations," 29 CFR 1910.134. Additional guidance can be found in OSHA publication No. 3079, "Respiratory Protection" and in "American National Standard Practices for Respiratory Protection," ANSI 288.2 (refer to latest edition), OSHA HAZARD COMMUNICATION STANDARD Every employer has the obligation to warn, protect, and train workers about workplace hazards and to provide a safe work environment. The OSHA Hazard Communication Standard, 29 CFR 1910.1200, contains specific requirements for employers to warn and train employees concerning workplace hazards. The IARC classification of crystalline silica as "carcinogenic to humans" and the NTP classification of "reasonably anticipated to be a carcinogen," affect specific compliance requirements of the Hazard Communication Standard. To assist in compliance with this standard, use the Material Safety Data Sheets provided by suppliers of silica -containing materials. Also, many state and local governments have right -to -know laws that require employer compliance. SMOKING One should not smoke, regardless of whether he or she is exposed to crystalline silica. It is well known that smoking causes lung cancer, emphysema, bronchitis and chronic obstructive pulmonary disease. Smoking also causes diseases of organ systems other than the lung and interferes with effective performance and clearance of particles by the lungs. OTHER HEALTH EFFECTS There are many papers in the medical literature which report an association between silica exposure and scleroderma, an autoimmune disorder. Medical literature also suggests that silica exposure is associated with an increased risk for kidney disease. You are advised to consult with a physician, or refer to appropriate medical textbooks, for further information on the relationship between silica exposure and these health effects. ADDITIONAL SOURCES OF INFORMATION There are many publications on crystalline silica. silicosis, the silica and cancer issue, exposure limits, medical surveillance, and workplace protection_ Some of those publications which provide more detailed information are available from: 1. American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428, (610) 832-9500. http://www. riccisand, com/health.html 04/10/2001 Respiratory Healtri Lrtects of Lrystalline SillCa. National Inaustrial Sand Associa.. 1 -'dye 7 of 9 • Standard Practice for Health Requirements Relating to Occupational Exposure to Quartz Dust, ASTM E1132, 1993 (Revised). 2. American Thoracic Society, 1740 Broadway, New York, NY 10019- 4374, (212) 315- 8700. • American Thoracic Society Adverse Effects of Crystalline Silica Exposure, American Journal of Respiratory and Critical Care Medicine, Vol. 155, No. 3, February 1997, pp. 761-768. • American Thoracic Society Standardization of Spirometry - 1994 Update, American Journal of Respiratory and Critical Care, Medicine, Vol, 152, No. 3, September 1995, pp. 1107-1136, 3, National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650. • Criteria for a Recommended Standard - Occupational Exposure to Crystalline Silica, HEW Publication No. (NIOSH) 75-120, NTIS Acquisition No, PB -246-697. 4. World Health Organization, 49 Sheridan Avenue, Albany, NY 12210, (518) 436-9686. • IARC Monographs on the Evaluation of Carcinogenic Risk of Chemicals to Humans - Silica and Some Silicates, Vol. 42, 1987. • IARC Monographs on the Evaluation of Carcinogenic Risk of Chemicals to Humans - Silica, Silicates, Coal Dust and Organic Fibers, Vol. 68. 1997. • IARC Monographs on the Evaluation of Carcinogenic Risk to Humans - Overall Evaluations of Carcinogenicity: An Updating of IARC Monographs, Vols. 1-42, Sup. 7, 1987. 5. Oxford University Press, 2001 Evans Road, Cary, NC 27513-2009, 1-(800) 451-7556. • IARC Occupational Exposure to Silica and Cancer Risk, IARC Scientific Publication No. 97 (ISBN 9283211979), 1989. 6. U.S. Department of Labor, Attn: OSHA Publications Office, P.O. Box 37535, Washington, D.C. 20013-7535, (202) 219-4667 or Fax: (202) 219-9266. • Occupational Safety and Health Administration Directives Pertaining to 29 CFR Sections 1910.94 - 1910.120. OSHA Instruction CPL 2-2.7, October 30, 1978. (Amended by CPL 2-2.7, CH -1, June 3, 1985.) Subject: Crystalline Silica. • Chemical Hazard Communication, OSHA Publication No. 3084, 1995 (Revised). • Respiratory Protection, OSHA Publication No. 3079, 1997 (Reprinted). hftp://vvww.riccisand.com/health.html 04/10/2001 Respiratory Health Effects of Crystalline Silica, National Industrial Sano Mssocia.. Page 8 of 7. American National Standards Institute, 11 West 42nd Street, 13th Floor, New York, NY 10036, (212) 642-4900. • Practices for Respiratory Protection, ANSI Z.88.2. 8. Superintendent of Documents, U.S. Government Printing Office, P. O. Box 371954, Pittsburgh, PA 15250-7954, (202) 512-1800. • Code of Federal Regulations. 29 CFR 1910.100 , Air Contaminants. (See Table Z-3 for permissible exposure limits for silica) • Code of Federal Regulations. 29 CFR 1910.1200, Hazard Communication. • Code of Federal Regulations. 29 CFR 1910.134, Respiratory Protection. 9. Office on Smoking and Health, National Center for Chronic Disease Prevention and Health Promotion, Mail Stop K-50, Center for Disease Control and Prevention, 4770 Buford Highway, NE, Atlanta, GA 30341-3724, (770) 488-5707. • The Health Consequences of Smoking - Cancer and Chronic Lung Disease in the Workplace: A Report of the Surgeon General, 1985. 10, National Toxicology Program, P. 0. Box 12233, Mail Drop E1-02, Research Triangle, NC 27709, (919) 541- 3419. • Seventh Annual Report on Carcinogens, 1994 - Summary, U. S. Department of Health and Human Services, National Toxicology Program, 1994, 11. National Institute for Occupational Safety and Health Publications Dissemination, 4676 Columbia Parkway, Cincinnati, OH 45226, 1-(800) 35 -NIOSH. • NIOSH Alert; Request for Assistance in Preventing Silicosis and Deaths from Sandblasting, Publication No. 92-102, 1992. • N1OSH Alert: Request for Assistance in Preventing Silicosis and Deaths in Rock Drifters, Publication No. 92-107, 1992. • NIOSH Alert: Request for Assistance in Preventing Silicosis and Deaths in Construction Workers, Publication No. 96-112, 1996. DISCLAIMER The information in this brochure is not intended to comprehensively cover all the topics mentioned, or all areas of concern regarding crystalline silica in the workplace. Users, customers, workers, and readers are advised to consult professionals and experts concerning all matters regarding crystalline silica in each specific workplace. Neither the National Industrial Sand Association (VISA) nor any of its member companies intend or are undertaking, by the distribution of this brochure or otherwise, to give medical, engineering, http://www.riccisand.comlhealth.html 04/10/2001 Respiratory Healtfl tttects of Crystalline Silica, Nariuiiar Industrial Sano Associa.. Mage 9 of or other specific advice on crystalline silica in your workplaces. NISA and its member companies disclaim all liability relating to any disease, death, or injury resulting from the purchase, resale, or use of crystalline silica. Return to Ricci Bros We!camePage. http://www.riccisand.com/health.html 04/10/2001 Ricci Bros HazConi Laoeiing Page 1 of c HAZARD COMMUNICATION LABELING AND WARNING Post this warning wherever product is so/d, used and stored' SAND AND GRAVEL CONTAIN CRYSTALLINE SILICA? DO NOT BREATHE DUST' Prolonged exposure to crystalline silica can cause silicosis, a fibrosis (scarring) of the lungs that can be progressive and may lead to death.. This prouct has been reviewed by the International Agency for Research on Cancer (IARC). Exposure to crystalline silica from occupational sources by inhalation is considered carcinogenic to humans. IARC lists crystalline silica as a Class] carcinogen. The risk of injury is dependent on the concentration of crystalline silica in the workplace air and the length of employee exposure to the air. Refer to materials safety data sheet (MSDS) and Other Health and Safety References for more information. These can be obtained at :p.J;WW.w.l rcc:rsar ru.cOI, r.. Avoid creating and breathing dust. Test the employee personal breathing zone for crystalline silica using dust sampling and real time dust monitoring equipment. Use and maintain ANSI -approved (788.2 Part 11) particulate respirators with this product. Select respirators based on the level of exposure to crystalline silica as measured by dust sampling. Use respirators that offer protection to the highest concentrations of crystalline silica if the actual concentrations are unknown. Use designed ventilation and dust collection systems to control dusts from this product. Put in place a respiratory protection and monitoring program that complies with 29CFR1191034 and all other federal and state laws. Use administrative controls such as water spray and job rotation to supplement the engineering controls and the respiratory protection. if sandblasting use a respirator approved by NIOSH for abrasive blasting operations. Enclose the operation in a properly designed and maintained blasting enclosure. DO NOT USE BROOMS OR COMPRESSED AIR TO CLEAN UP THIS PRODUCT. CLEAN UP PRODUCT WITH A NEPA-TYPE WET VACUUM AND/OR WATER SPRAY. WEAR EYE PROTECTION WHEN USING THIS PRODUCT. Crystalline silica CAS 14808-60-7 Produced by: • Ricci Bros. Sand Company Inc. • 2099 Dragston Rd PO Box 664 • Port Norris, NJ 08349 • 856-785-0166 or 856-785-2136 fax • 1111p i/ °,, ; _cisancl.cul or mai Ito,rlccisi@eticomm.net. http:/Iwww.riccisand.comihazlabel.html 04/05/2001 «tak:"Ilo, QUESTIONS FOR STAKEHOLDERS ON THE DEVELOPMENT OF A COMPREHENSIVE CRYSTALLINE SILICA STANDARD -- CHICAGO JUNE 2, 3 AND SAN FRANCISCO JUNE 30, 1999 I. WHY IS OSHA CONSIDERING A COMPREHENSIVE CRYSTALLINE SILICA STANDARD? Crystalline silica is a term for the chemical compound silicon dioxide when it occurs as a crystalline structure. Crystalline silica occurs naturally in many forms, but the three main forms are quartz (which is the most abundant), cristobalite, and tridymite. Crystalline silica is found in many mineral deposits and is used in a variety of processes and industries. Occupational exposure to crystalline silica dust causes or contributes to the development of silicosis, lung cancer, pulmonary tuberculosis, and chronic bronchitis. Increased incidences of extrapulmonary diseases such as autoimmune disease are also believed to be attributable to occupational exposure to crystalline silica dust. OSHA has enforced its Permissible Exposure Limits (PELs) for crystalline silica (29 CFR §1910.1000; 29 CFR §1915.1000; 29 CFR §1926.55) for over 25 years and, in 1996, initiated a Special Emphasis Program for crystalline silica that involves extensive public outreach to encourage the implementation of silicosis prevention programs and inspections that are designed to reduce the incidence of silicosis. Yet OSHA continues to find evidence of significant overexposures to crystalline silica, a lack of effective workplace controls in many facilities, and inadequate medical evaluations of employees. According to the National Center for Health Statistics, from 1968-4992 there were at least 14,313 deaths in the United States for which silicosis was either a causal or contributing factor. NIOSH has just completed a report from a surveillance study designed to identify confirmed cases of silicosis. Looking for new cases between 1993-95, NIOSH found 604 known cases of silicosis in just seven states (Ohio, Illinois, Michigan, http://www.osha-sic.gov/dhs/stakeholdermeetings/Chic-sf.html 04/09/2001 OSHA is also gathering information in other ways, including: visiting workplaces to gather exposure data and control information; http://wwwosha-slc.gov/dhs/stakehotdermeetings/Chic-sf.html 04/09/2001 Questions For Stakenolders In t,hdcago raid San Francisco rage of • preparing quantitative risk assessments on the major health effects of silica exposure; • evaluating the relevant scientific literature; and • attending and participating in scientific workshops on key scientific and technical issues.. In addition, before publishing a proposal, OSHA will: • continue dialogue with stakeholders and the Agency's advisory committees; • conduct economic and risk analyses; • continue to review the extensive research on silica -related diseases; • develop the regulatory text; • develop the preamble and other supplementary analyses; • assess the impact of a draft proposed rule on small businesses and, depending on the results of that assessment, convene a small business panel under the Small Business Regulatory Enforcement Fairness Act (SBREFA); • submit the draft proposed rule for Department of Labor review and clearance; and • submit the draft proposed rule to the Office of Management and Budget for Executive Order 12866 review. Each of these activities take time. OSHA will not begin the SBREFA process until it has at least developed a preliminary draft regulatory text and identified industries where there may be impacts on small businesses. The SBREFA process takes a minimum of two months, after which OSHA must respond to the comments of the SBREFA panel. After this is done, OSHA must submit the draft proposed rule to OMB for an additional review that lasts three months. Only after each of these steps has been completed is a proposed rule ready for publication in the Federal Register. Our timetable for publishing a proposed crystalline silica standard is ambitious. In the latest regulatory agenda, OSHA indicated that a proposed standard would be published in the year 2000. Once a proposal has been published, OSHA will undertake another extensive effort to obtain public input through public comment and the agency's informal hearing process. Informal public hearings allow for extensive comment and questioning on relevant subjects by the scientists, economists, safety and health professionals, representatives of potentially affected industries, workers and other interested parties who participate. After the hearings end, participants are given additional time to submit comments and briefs. OSHA is meeting with various stakeholders at this time to seek their individual input on key questions that must be addressed in whatever http:/lwAw.osha-slc.gov/dhs/stakeholdermeetings/Chic-sf.html 04109/2001 Questions i -or Staktrio a rs In utticago And San Francisco • Faye 4 us are occurring early in the standard development process to give OSHA the benefit of stakeholder experience as the Agency drafts its proposal. III. KEY ISSUES FOR DISCUSSION OSHA has identified four broad issues for discussion at the stakeholder meetings. For each of these broad issues, there are specific questions OSHA would like you to consider. At the same time, OSHA welcomes any comments you may have regarding your individual experiences with protecting workers from exposure to crystalline silica. ISSUE 1 -- SCOPE OSHA is interested in learning from you which operations involve exposures to crystalline silica in general industry, construction, and maritime; how similar kinds of operations compare in different industries with respect to silica exposures; and how approaches for exposure control and monitoring should be designed to address these differences. QUESTIONS: 1. What operations involve exposures to crystalline silica in your plant? 2. How do exposures to crystalline silica compare in general industry, construction, and maritime for similar operations (e.g., abrasive blasting in construction vs. general industry, or fixed locations vs. transient locations)? Are control measures similar? How do exposure assessment and medical surveillance practices differ? 3. What kinds of work are performed by contract labor that results in exposures to crystalline silica at either fixed industrial facilities or on construction sites? How do employers protect workers when work involving crystalline silica exposure is contracted out? Do the approaches differ depending on industry? If so, why? What protections are typically provided by the host employer in those situations? What protections are typically provided by the contract employer? ISSUE 2 -- CONTROLLING EXPOSURES TO CRYSTALLINE SILICA OSHA is interested in learning of your experiences in controlling exposures to crystalline silica. Some of the control methods that have been used by employers for various work operations include: • using local exhaust ventilation or equipment with HEPA filter dust collection systems; http://www.osha-slc.gov/dhs/stakeholdermeetings/Chic-sf.html 04/09/2001 Questions For Stakeholders In Chicago And San Francisco • using wet methods or other dust suppression agents when performing certain operations; • using substitutes for materials that contain crystalline silica; and • using enclosures or isolation of processes that produce crystalline silica dust. QUESTIONS: Page 5 of 1. What engineering control methods are you using now? How effective have you found those methods to be in controlling exposures to crystalline silica? In what situations have you found it necessary to use respiratory protection to provide adequate protection? 2. For what operations in general industry, construction, and maritime might there be significant bystander exposures? Do you establish regulated areas for work involving crystalline silica exposures to limit bystander exposures? 3. Are there substitutes for crystalline silica that can be used in your industry? Would using these substitutes be practical in your operations? If so, why? If not, why not? What is your experience with the safety of these substitutes? 4. What training and information do you provide workers to inform them of the hazards of crystalline silica exposures? Do you provide written information? Flow often do you repeat this training? ISSUE 3 -- MONITORING AND SAMPLING OSHA is currently examining such issues as when and how often to require sampling, and who is qualified to conduct sampling. Your experiences with these and other issues will be helpful as OSHA drafts the monitoring and sampling provisions of the standard. QUESTIONS: 1. How often is exposure monitoring done now? 2. How do you determine which operations/employees will be monitored for exposure to crystalline silica? Do you use the results of monitoring to represent the exposures of other employees who were not monitored? 3. Who conducts monitoring? Are consultants used? 4. How are labs selected for analyzing sampling results? Is it difficult http:llvwrw.osha-sic. govldhslstakeholdermeetings!Chic-st.html 04/09/2001 Questions For Stakeholders In Lnicago Ano San i- r ancisco I- age b or to locate a qualified lab for analyzing sampling results? What analytical method does your lab use (i.e., X-ray crystallography, infrared)? 5. What are the costs of crystalline silica monitoring programs at various kinds of workplaces? ISSUE 4 -- SCREENING AND SURVEILLANCE OF EXPOSED WORKERS FOR ADVERSE HEALTH EFFECTS OSHA is interested in learning of existing medical screening and surveillance programs designed to detect early stages of disease among exposed employees and to monitor the incidence of adverse health effects associated with exposure to crystalline silica. OSHA is particularly interested in how employers are currently identifying workers who have adverse health effects, what barriers there are to early identification of the disease, and how employers handle employees who exhibit early signs or symptoms of disease. QUESTIONS: 1. What kind of screening and surveillance of silica -exposed workers does your company or organization do? 2. How do current screening and surveillance programs follow employees who change jobs? How do these programs deal with contract employees? 3. From your perspective, do any barriers exist for both employers and employees that discourage participation in conducting screening and surveillance measures related to the adverse health effects from silica? What, if anything, might encourage more screening and surveillance by both employers and greater participation by employees? 4. What happens to employees who are identified as having early signs or symptoms of silicosis or other diseases? Are they removed or barred from working in jobs with crystalline silica exposures? 5. From your perspective, what have you found is the most effective screening method for determining the early signs of adverse health effects from silica exposure and what have you found to be the most effective intervals for screening? How did you determine these? 6. How do you screen and conduct surveillance for acute silicosis? http://www.osha-sic. govidhsfstakeholdermeetings/Chic-sf.html 04/09/2001 Questions For Staxenoaaers In UI ucago Ana San Hancisco r. rager01r 7. How are your company's surveillance data collected, interpreted and shared among employees in your industry? http://vvww.osha-stc.gov/dhs/stakeholdermeetings/Chic-sf.html 04/09/2001 RECEIVED APR 9 2tititi APPLICATION FOR SPECIAL USE PERMIT SUPPLEMENT PETERSON GRAVEL PIT GARFIELD COUNTY WESTERN SLOPE AGGREGATES, INC. Post Office Box 910 Carbondale, Colorado 81623 April 19, 2000 1300000X Western Slope Aggregate OFFICE OF GENERAL COUNSEL Garfield County Planning Department 109 Eighth Street, Suite 303 Glenwood Springs, Colorado 81601 April 19, 2000 RE: Western Slope Aggregates Special Use Permit for Peterson Gravel Pit Please find enclosed our supplement to the Special Use Permit originally filed in your office on February 28, 2000. This supplement is submitted pursuant to direction �. contained in Ms. Kit Lyon's correspondence of March 14, 2000, attached. 1. Floodplain and 404 Permit documentation is contained in Section I hereof. 2,- The location and use of buildings and structures on adjacent lots has not been shown because there are not any existing buildings or structures on adjacent lots. 3. Drinking water will be provided in bottled form and sanitation by self-contained portable vaults. (Porta -Potty) Irrigation water will be used to augment evaporative loses as described in the Augmentation Plan provided in Section II. This application may proceed prior to the Water Court's approval of this plan for augmentation because it is simply an administrative act. Mr. Peterson has much more water to allocate for evaporative loss if the court so directs. See copies of share certificates attached. Consumptive use out of priority is not an issue because the Grand River Ditch Company is Nurltber I priority out of the Grand (Colorado) River. Colorado Department of Transportation approved Acbess Permit is provided in Section III hereof. ti An approved NPDES Permit and a copy of the Surface Water Management Plan is provided in Section IV hereof. 00013Lu; PO. Box 910 • Carbondale, Colorado 81623 • (970) 963-9424 Page 2 Garfield County Planning Dept. April 19, 2000 L"fi. No lighting is proposed at this time since hours of operation are from 7:OOam until 5:OOpm. /7. Dewatering Permit is the NPDES permit described in paragraph No. 5 herein and contained in Section IV hereof. We cannot show compliance with Environmental Protection Agency regulations until we start to discharge which forms the basis for testing to show compliance. When we do begin to discharge, we will share test data with Garfield County, in addition to the Environmental Protection Agency, if so requested. The water testing required is described in the above noted NPDES permit. Please contact us at your very earliest convenience if additional information is deemed necessary. R spectfull Glenn M. Harsh Attorney at Law O!00 1 GARFIELD COUNTY Building and Planning Department March 14, 2000 Mr. William M. Roberts Western Slope Aggregates, Inc. P.O. Box 910 Carbondale, CO 81623 Re: Western Slope Aggregates S.L.P. Dear Mr. Roberts: Thank you for your application for a special use permit. An initial review of the application has been conducted and the application has been deemed incomplete. Pursuant to section 9.03.01 (1), all supporting information and letters of approval from responsible agencies must be submitted with the application. The application will remain "inactive" until the following issues have been resolved: 1) The site appears to be located in the 100 yr. floodplain of the Colorado River. No 404 Permit from the Army Corps of Engineers has been included nor does the application contain the necessary information to obtain a special use permit for uses in the floodplain. The Garfield County floodplain regulations are contained within section 6.00 of the Zoning Resolution. 2) The location and use of buildings and structures on adjacent lots has not been shown. It can not be determined whether the design of the proposed use is organized to minimize impact on and from adjacent uses without this information, 3) The application does not contain evidence that the utilities are adequate to provide water and sanitation service. No approved augmentation plan or approved well permit was included. The amount of water that will be used was not stated. Please also provide evidence of the irrigation water rights. If irrigation water will be used, this may constitute a "change in use". and may be prohibited. 4) The application does not contain evidence of safe, convenient access to the site nor can it be determined that street improvements are adequate. Please include an approved access permit. 5) Please include an approved NDPES permit and the -surface water management plan" which has been prepared. 6) Please address the amount of lighting proposed. It must comply with 5.03.08 (5) (F). 7) No evidence of compliance with EPA regulations was included. Please include a copy of the approved dewatering permit from the EPA. If water testing is required, detail about the testing program must be included in the application. Phone: 945-82121 Fax: 384-5004 109 8th Street, Suite 303 Glenwood Springs, CO 81601 000430C Once the needed information is submitted, reviewed, and the application has been deemed complete, the processing of the application may continue. Please contact me in the event you have any questions or i f I may be of further assistance. Sincere! •, J Kit Lyon Senior Planner Phone: 945-82121 Fax: 384-5004 109 8th Street, Suite 303 Glenwood Springs, CO 81601 0f2 Ut L il SECTION X FLOOD PLAIN 00000 JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 113 9TH STREET SUITE 214 PO BOX 1458 GLENW00D SPRINGS COLORADO 81602.1458 PHONE .19701945.2550 FAX 19701945-1410 Mr. Bill Roberts Western Slope ?wggregates. Inc P.O. Box 910 Carbondale, Colorado 51623 3 April 2000 Re: Flood Plain Conditions- Peterson Pit, Garfield County, Colorado Dear `4r. Roberts: The flood plain eliaractei ]tics adjacent to the Colorado River at the location of the proposed Peterson Pit have been determined as a part of the COLORADO RIVER ANT) TRIEUTAR1c.S. FLOOD PLAIN STUDY. G2siRF1iELD & MESA COUNTIES, COLORADOtared':!; the Department of the Army. Sacramento District_ Cor; En4ii'ie tti.:rt t ie)peraa.ion with the toioraco 'Nater Conservation Board. Dece:m er i' ant: updated July 1987 area of the proposed Peterson Pit is within therea co e� _•l hv map nurn.ber~C I of the above not .:i study. A copy of this map is include=d i.. fin and the tiounuaiy of the proposed Peterson Pit is illustrated thereon. The unit area :v i Fall under the classification of Area of Shallow Hooding (5 Garfield County Zonin`, Resolution) because the 100 -year tlood depth is less than 3 tett highei .hien the eoneitirs' ground ieve1 In most cases. it is less than 1 tort higher than the cxvnnig ,trot nd. The development and operation of the gravel mining development in the Peterson. Pit e n oar accomplished and comply with Section 6.00 FLOODPLAIN REGL LATIONS of the c artield Cuurtty Zoning Resoiution for the following reasons: • The development of the gravel pit will result in the creation of an excavation which will not result in an increase in flood levels during the occurrence of the base flood discharge,, but, in fact. will result :n detention of flood flow and. for the period of time required to fill the excavation. will result in the lowering of the flood level cc.•wnstream Since there will be no berms or obstructions. the development will not .ncrease the flood level. • All fills used in the development shall be stored outside of the tlood zone. so that at tinges of flooding there wilI be no material in the flood zone which will be buoyant, flammable. explosive or otherwise potentially injurious to human. animal or plant life. It is probable that in times of flooding the portable crushing plant may be inundated. however, this equipment will he powered by electric motors and the =generator which powers them will be located outside the flood zone. All equipment bearings are sealed so that lubricants wwi:i not leak into Western SioJe Ag2rccaies. Inc.. Peterson Pit IT -year fiend. cllaracler:stics.:9 Apnl 2000 Page 1 of 2 09CC(. floodwaters. Normal operation of the pit will require continuous pumping of the operating pit area. Operating equipment, which uses liquid fuel, such as loaders and bulldozers, will be moved outside of the flood zone during non-operating times to prevent damage in the event of a pump failure. Therefore, if flooding is imminent, or flooding occurs during non-operating times, this equipment will be out of the potential flood zone • There will be no garbage or other solid waste materials in the pit operations area. • There will be no structures, fixed or mobile, for the purposes of human. occupation, either permanent or temporary. • The development and operation of the pit will create no obstructions, which would adversely affect the efficiency of or restrict the Clow capacity of the designated floodpiain so as to cause foreseeable damage to others. The attached Site Pian illustrates the location of the floodplain limits as depicted on the Corps of Engineers mapping and the proposed facilities associated with the development if you have any question. please call. Western Slope Aggregates. Inc.. Peterson Pit 100 -rear flood, characteristics. 3 April 20(R1 Page 2 of JEROME GAMBA & ASSOCIATES. INC. CONSULTING ENGINEERS Fir LAND SURVEYORS 030000 r' 00 LIIRood\ StOr-Mevater C.C;rfC6t.Or \ SiewCie \ \ SCOIC5 . • ••• \ Arco to b‘ MIred a 500 Cc. FUEL — viro-•er \ er Fropo5eci Silt Farce (3,350 L,F) colI 5:217/e5Cii • I —11 '•• "a a -:a, a:•ar • Are Corot R000 a '00 Jo C SCALE \ '77E7 "tc. •2Xr SITE PLAN •\\ \\ • \\ \\ft - r r CVer.: it1 • Envirc5c-- efstohot:or--\\ ." \ • •-• -- • n OirtPalf No,- 001 • Western Slope Aggregates, Inc. 0'0 CARSDA0A.S. CM,ORY,00 8."e7.1 [OM 443- 2294 JEROME GAMBA & ASSCCATES, 0316.1.114 MAME WO IIIIRT011 9,-1‘J ec 3 09000 0 6' ptPLY TO ATTtrnIQM OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO. CALIFORNIA 95814.2922 April 5, 2000 Regulatory Branch (200075099) Mr. Glenn Harsh Western Slope Aggregates Post Office Box 910 Carbondale, Colorado 81623 Dear Mr. Harsh: 1 am responding to your request to verity a jurisdictional delineation performed by wetland consultant, Mr. Larry Robinson of Rangeland. Resources. The subject property, referred to as the Peterson Pit, is located about two miles east of Silt between the Colorado River and Interstate 70 within the NW 1/4 of Section 12, Township 6 South, Range 92 West, Garfield County, Colorado. Based on a site inspection by Susan Bachini Nall of this office on April 4, 2000, we have determined that Mr. Robinson's findings are accurate. Jurisdictional wetlands are not present on the subject property. Therefore, a Department of the Army permit is not required to perform mining activities at this upland site. We are encouraged that mining activities will be set back at least 200 feet from the banks of the Colorado River. Providing setbacks and buffers from the river at mine locations is important and strongly recommended. We have assigned number 200075099 to this determination. Please contact Ms. Nall and refer to this number if you have any questions regarding this matter at telephone (970) 243-1199, extension 16 or the address below. Sinc ely, Mcure ief, Northwestern Colorado Reg latory Office 402 .•od Avenue, Room 142 Grand Junction, Colorado 81501-2563 Copies Furnished: Mr. Larry Robinson, Rangeland Resources, 0049 Pinon Drive, Glenwood Springs, Colorado 81601 Mr. Mark Bean, Garfield County, 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 V. 000.c 0 ANGELA ID Mr. Bill Roberts, President Western Slope Aggregates, Inc. PO Box 1149 Carbondale, CO 81623 Dear Mr. Roberts: ESOURCES March 28. 2000 On March 27, 2000, I conducted a survey for jurisdictional wetland(s) on property described as Lots I & 2. and situated in Sec. 12, T.6S, R.92W. The general location of the property may be found on Map A. attached. This property may generally be described as flat or very gently sloping southerly toward the Colorado River. The soils are somewhat alkaline with a moderately high water table. The alkalinity is most observable where the ground profile results in slight depressions. I conducted routine wetland determination at two locations within depressions 1 deemed most likely to have jurisdictional wetland indicators. My data forms for these two determinations are attached_ Based upon the above survey and the wetland determinations v, hich 1 conducted, jurisdictional wetlands are not present on the above described property. If you have any questions regarding the above survey, please contact me at 970-947- 1855. Sinr rely.. 4 Larry Robinson Rangeland Resources cc: U.S. Army Corps of Engineers -710- ;7'i3 -115q x r� 0049 Pinon Drive • Glenwood Springs, CO 81601 Phone: (970) 947-1855 • Fax: (970) 947-1856 °CHHODU -- LOTS1&2 00000 _ DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Field Investigator(s): Larry Robinson Project/Site: John Peterson Property Applicant/Owner: Western Slope Aggregates Do Normal Circumstances exist on the site? Yes Is the site significantly disturbed (Atypical Situation)? No Is the area a potential Problem Area? No Date: 3/27/00 County: Garfield State: CO Community ID: Bluegrass- Wheatgrass Community Plot ID: 1 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Agropyron trachycaulum H FACU 2. Poa pratensis 3. 4. 5. 6. 7. 8. H FACU Percent of Dominant Species the are OBL, FACW, or FAC (excluding FAC-) (1i°/n Remarks: HYDROLOGY Recorded Data (Describe in Remarks) Stream, Lake, or Tide Guage Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water None Inches Depth to Free Water in Pit None Depth to Saturated Soil: 16+ inches Wetland Hydrology Indicators Primary Indicators Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Water -Stained Leaves Local Soil Survey Data FAC-Neurtal Test Other (Explain in Remarks) Remarks 00000 3 SOILS Map Unit Name Series and Phase Taxonomy (Subgroup) Drainage Class: Field Observations Confirm Mapped Type? HorixonfDepth Matrix Color Mottle Color Mottles Texture, Concretions Inches (Moist) (Moist) Abundance/Contrast Structure, etc 0-16 7_5YR4/2 Clay He dric Soil Indicators Histosol Concretions _ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils _ Aquic Moisture Regime Listed on Local Hydric Soils List _ Reducing Conditions Listed on National Hydric Soils List _ Gleyed or Low-Choma Colors Other (Explain in remarks) , Remarks WETLAND DETERMINATION Hydrophytic Vegetation Present? Wetland Hydrology Present? Hydric Soils Present? Yes Yes Yes Is this Sampling Point With a Wetland? Yes Circle) Remarks: Submitted by : Larry Robinson 000001r: Approved by HQUSACE 2/92 3- 27- 06 Date DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Field Investigator(s): Larry Robinson Project/Site: John Peterson Property Applicant/Owner: Western Slope Aggregates Do Normal Circumstances exist on the site? Yes Is the site significantly disturbed (Atypical Situation)? No Is the area a potential Problem Area? No Date: 3/27/00 County: Garfield State: CO Communis) ID: Saltgrass- Bluegrass Community Plot ID: 2 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Distichlis spicata H FAC+ 2. Poa pratensis 3. 4. 5. 6. 7. 8. H FACU Percent of Dominant Species the are OBL. FACW, or FAC (excluding FAC-) 50% , Remarks: HYDROLOGY Recorded Data (Describe in Remarks) Stream, Lake, or Tide Guage Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: None Inches Depth to Free Water in Pit None Depth to Saturated Soil: 16+ inches Wetland Hydrology Indicators Primary Indicators Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits _ Drainage Patterns in Wetlands Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Water -Stained Leaves Local Soil Survey Data FAC -Neutral Test Other (Explain in Remarks) Remarks 0000015 SOILS 'Map Unit Narne Series and Phase Taxonomy (Subgroup) Drainage Ctass: Field Observations Confirm Mapped Type? Horizon/Depth Matrix Color Mottle Color Mottles Texture. Concretions Inches (Moist) (Moist) Abundance/Contrast Structure. etc 0-8 7.5YR4/I Clay 8-16 7.5YR4/3 Clay loam Hydric Soil Indicators Histosol Concretions Soils Histic Epipedon _ High. Organic Content in Surface Layer in Sand Sulfidic Odor _ Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Lore-Choma Colors— — Other (Explain in remarks) Remarks WETLAND DETERMINATION Hydrophytic Vegetation Present? No (Circle) Wetland Hydrology Present? es o Hydric Soils Present? Yes o Is this Sampling Point. With a Wetland? Yes to f Remarks: j Submitted by : v 2.`r/ f. wr Larry Robinson Approved by HQUSACE 2/92 7 0000016 Date SECTION II WATER Ot1000 t 7 DISTRICT COURT, WATER DIVISION 5, COLORADO Case No. 00CW APPLICATION FOR APPROVAL OF PLAN FOR AUGMENTATION CONCERNING THE APPLICATION FOR WATER RIGHTS OF: BRENT LEWIS PETERSON and SANDRA 1-IANNIGAN, in Garfield County. 1. Name, address, telephone numbers of Applicants: Brent Lewis Peterson and Sandra Hannigan P. O. Box 965 New Castle, CO 81647 (970) 876-2685 c/o Thomas W. Stuver Stuver & George, P.C. 120 West Third Street P. 0. Box 907 Rifle, CO 81650 Telephone: (970) 625-1887 2 Name of structure to be augmented: Peterson Gravel Pit Well No other water rights are diverted from this structure. 3. Previous decree for water rights to be used for augmentation: Lower Cactus Valley Ditch a. Date entered: April 19, 1897 b. No.: 82A in Water District 39; Priority 142B c. Court: Garfield County District Court d. Type of water right: Surface e. Legal description of point of diversion or place of storage: The headgate of said ditch is situate on the northerly bank of the Colorado River at a point whence the quarter corner between Sections 5 and 6, Township 6 South, Range 91 West, bears 47° West 3370 feet, and being in Lot 7. Section 5 in said Township. f. Source: Colorado River g. Amount: S0cfs h. Appropriation: September 14, 1888 i. Decreed use: Irrigation purposes; owned and administered by the Grand River Ditch Company which has allocated a total of 270 shares to the decreed water right. 4. Historic use: The water rights to be used for augmentation have been historically used to irrigate fields and pasture occupying the area to be exposed as the Peterson Gravel Pit (25.9 acres) and an additional area to be used for gravel processing (15.17 acres) . 5. Statement of plan for augmentation: a. Applicants are the current owners of 10.48 shares of the Grand River Ditch Company which equals 1.94 cfs in the Lower Cactus Valley Ditch. The Applicants propose to develop a gravel pit having an exposed surface area of 25.9 acres. Total annual evaporative use of the pit is 78.2 acre feet per year (3.019 aflyearlacre x 25.9 acres) , according to the following schedule showing use per acre of water surface: January 0.053 May 0.276 September 0.384 February 0.070 June 0.447 October 0.233 March 0.110 July 0.537 November 0.143 April 0.196 August 0.509 December 0.060 Total 3.019 af/acre/year b. Applicants propose to remove from irrigation the following described 41.07 acres: A tract ofland in Section 12, Township 6 South, Range 92 West, 6 PM, more particularly described as follows: Beginning al a point on the southerly right-of-way of U.S. Highway I-70, whence the North 1/4 corner of said Section 12 bears N 52002'31" E 1,606.10 feet; thence, along said southerly right-of-way line N 77°03'30" E 1,301.51 feet; thence, leaving said right-of-way line, S 00°20'44" E 1,827.62 feet; thence West 126.61 feet; thence N 76°46'31" W 613.85 feet; thence N 26°49'54" W 523.18 feet; thence, N 57°2421" W 386.52 feet; thence, N 00°31'02" E 720.63 feet more or less to the point of beginning, containing 41.07 acres more or less. The basis of bearing for the description is N 89°29'42" E from the NW corner of said Section 12 to the North 1/4 corner of said Section 12. The 41.07 acres have been historically irrigated from April 1 to October 31 of each year with 2.8 shares of Applicants" Grand River Ditch Company water from the Lower Cactus Valley Ditch. c. The removal from irrigation of 41.07 acres under the Lower Cactus Valley Ditch will result in a consumptive use credit of 139.9 acre feet of water during the irrigation season to be set off against evaporative loss from the Peterson Gravel Pit according to the following schedule: 2 Month Acre Feet G.U. 41.07 Evaporative Depletion from Pit January 1.373 February 1.813 March 2.849 April 9.9 5.076► May 24.8 7.148 ► June 23.6 11.577► July 27.7 13.908 ► August 23.8 13.183 ► September 20.7 9.946► October 9.3 6.035► November 3.704 December 1.554 Total 139.9 aflseason 78.166 al/season 466.873 aflseason d. Since there is no non -irrigation season "call" on the Colorado River, it is not necessary to augment the gravel pit evaporation loss from November through March. e. Applicants' water is taken from the first diversion below the headgate of the Lower Cactus Valley Ditch. Accordingly, no allowance is made to defray conveyance and seepage loss in the remainder of the Ditch. The amount of water historically utilized to irrigate the 41.07 acres removed from irrigation (up to 2.80 shares or 0.51 cfs) shall be bypassed or diverted and returned to the Colorado River at the discretion of the Division Engineer. 6. Special Provisions: a. The requested plan for augmentation shall be subject to all provisions of the Articles of Incorporation and Bylaws of the Grand River Ditch Company as they presently exist or may hereinafter be amended according to law. b. Applicants agree to continue paying assessments upon their shares of stock in the Grand River Ditch Company as from time to time may be levied by the Board of Directors upon all of said stock of which applicants are of like class and shall otherwise comply with all other lawful obligations of the shareholders of the Grand River Ditch Company. 7. Names and addresses of owner of land on which structure is located: Brent Lewis Peterson and Sandra Hannigan P. O. Box 965 New Castle, CO 81647 0 0oc o Respectfully submitted this 21st day of March, 2000. F"clpy of Application Submitted to '-'i;ItEr Referee, Division En i er :and State Engineer --Dat Bar. -+i• Cloi . Water Orw. Na, rG STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. STONER & GEORGE, P.G. By Thomas . Stuver - #1411 120 West Third Street P. O. Box 907 Riffle, CO 81650 Telephone: (970) 625-1887 I, Brent Lewis Peterson, state under oath thajhave read this Application and verify its content. rent Lewis Peterson Subscribed and sworn to before me on this 21st day of March, 2000. My commission expires: —- d (-l'/ 4 0000 2 i MA7Cn bn[LT X C-24 0 M 630,000 . o en I •r vrJ . 1v F 0 r i 0 0 0 M 0 C. • CO 0 0 r1 a y K a GARFFELC d MESA COUNTIES, COLORADO bA r ' 14 o 51 11,0 MA ICH nY I 0 IJ nN a } S 4• y d 0 0. 0 0 s 0 - m. eft 0 !1 I 4. m r r1 n ati Yh 44._735 SSOa: MOTCn 63111f C•;5 1 0 0 0i-1' 1 S. f tlosc` V., 7 n 1'1010 -a0 I.Y Y vP 1' r 100 e w �1. a 14 ■ >v 0 0 4 P V R ` • f. 0"4 • al DDO'e0t'i 3 rR 65 A.100 51 5341500 4 H i a rob A 3 a r r i u 0 lUriANC? Z -- 1'F fr mc.nnm n Yir O- i n 2,27 m 1' O Gar • 1? 1''AC ln� 1010 ? ..n. --4g fll yz.L1 q ; i b z r 1' z11 1 rM�.1 0 oyor n r A ▪ m 1w r 0 ✓ a r r. •'« w. 0 z�0 y. 10 1 _ C w IC's oTN CI `rte ea p� M 0 M N TJ u y; t 1 A 1 A Qpp. 0 S t a m.. YE mN 10 2[A wrn ...„2 a0IN r 0 1' FORM NO.DEPARTMENT OWS-�7 1235 COLORADO DIVISION OF WATER RESOURCES OF NATURAL RESOURCES 1313 Sherman St, fire B18, Denver, Colorado 80203 Phone (303) 86€x3581 For Office Use only REVIEW INSTRUCTIONS PRIOR TO COMPLETING FORM GRAVEL PIT WELL PERMIT APPLICATION 1 TYPE OF PERMIT 31, 1980 NEW PIT(S) PtT(S) EXIST, CONSTRUCTED AFTER DEC. ,,_ '2, APPLICANT INFORMATION NAME(S) Mailing City, Phone Brent Lewis Peterson Address P . Q . BOX 965 St. Zip New Castle, CO 81647 ( 970 ) E176_-2685 - 3. 4. PIT NAME Peterson Gravel Pit Well DMG NO. CONSULTANT/ATTORNEY/OPERATOR CONTACT (If different than #2) NAME(S) Mailing City, Phone Thomas W. Stuver, Stuver & George, P . Address 2 o. aoX 9fl7 St. Zip Ritle, CO 81650 ( 970 ) 625-1887 GENERAL LOCATION OF PIT(S): COUNTY Garfield 1/4 1/4, Sec, 12 Twp, 6 1I N 0 S., Range 92 E. EW. 6th P.M. 5. Estimated maximum water surface to be exposed: 25.9 Acres. Number of Pits one 6. Estimated depth of pit(s) 25 Ft. Estimated depth to groundwater 4-5 Ft. 7. Estimated date to expose groundwater July 1 , 2000 ; to complete mining June 1 , 2015. 8. ATTACHMENTS: (Check which have been attached.) & section clearly indentifed (REQUIRED). dist. or water user a . augmentation agreement, if applicable. or augmentation plan application, if applicable. plan, if applicable (a) (b) (c) (d) (e) (f) Detailed diversion, None. I7 Scaled map of pit area with range,, township, 0 Copy of the reclamation permit, if applicable. Copy of pre 1/15/89 water conservancy X Copy of proposed substitute water plan Q Copy of court approved augmentation Attachments include USGS topographic enlargement and scaled Reclamation Plan Map; and copy f Applicants' Water Div. 5 Application for Approval of Plan for than evaporation, and method of diversion, rate of of any water withdrawn from the pond. - Augmentation. description of any use, other and annual amount of diversion - - 10. I (we) have read the statements made herein and know the contents thereof, knowledge. [Pursuant to Section 244104 (13)(a) C.R.S., the making of fes: - in the second degree and is punishable as a class 1 misdemeanor.] . anthat they are true to my (our) at.,. herein;,r les perjury - �o game/Title (Please type or print) Brent Lewis Peterson ..- Signature Date 3/21/00 For Office Use on by Court Case No. Div. Co. WD Basin MD Use 0000025 r r r•�. ti \ PASTU, \\____ i PASTURE x �r^ %• : o -t -ter✓,..... 1✓ .I,� Sec. 12, Tsp. 6 S., R. 92 W., 6th F.M. Garfield County Colorado dW0 9COa O x •, LAKE 0 1 1 46%10 CRAPHiC SCALE IN FEET 1 +.o. .7000R[7 EXHIBIT F Reclaimation Plan Map CaTE 2/17/00 CRALN ar, � fit'❑ So•CC" 1 CIF CRAlKN ti C1C87r1\, Z.NCv Western Slope Aggregates, Inc. Pear wrist 101 1+0 GuktIC1CALL COLORADO 11123 f1ta1 In -nu >J GAME A le ASSOCIATES INC. coome DEMOS ! LAIC 111El11C as' air,[[ 10x .4$1 "i *AA. SrnEC' - Siort Ur' O .2O x 110006st. x SECTION III ACCESS PERMIT 13 V 13.13._ 04 IT 00 18:.59 FAX 9702447294 CI)JT R3 TE.1f F 1 C NATE OF COLOWO DEPARTMENT OF TRANSPORTATION Re+pron 3 Traffic Sectron 222 South 6th Siete, Rooms OC Grand Juectrae CO 6' SO! 970-2411-7234 office 970.248-7294 fax April 17, 2000 To: Western Slope Aggregates, Inc P.0. Box 910 Carbondale, CO 81623 Dear Sir or Madam. Please review the attacher State Highway Access Permit (Porn #101) and all enclosed attachments. If you choose NOT to act on the permit, please return tcie pertn;t unsigned If yon wish; to APPEAL the Turns and Conditions of the permit, please refer to the attached Form [01 pages 2 & 3 for an explanation of the appeal procedures. ]i you ACCEPT the permit and its Terms and Conditions. please sign and date the Access Permit form on the line marked '-PERMITTEE". Your signature confirms your agreement to all the listed Terms and Conditions. - Provide a check or money order made out to the jurisdiction named on the next hie for the amount due. Colorado Department of Transportation - S 100 00 Maki check or mercy crier cayaole m Amount Due - Return all copies and attachments of the Ac:,ess Perms along with your payrnert back to the Colorado Department of Tr ansportarvon at the address noted below The Department will process and return to you a validated (signed and recorded) cop> of your State Highway Access Perrnfl If you fail to sign and return the attached Access Permit within 60 clays of the date of this transmittal letter, Colorado Department of Transportation will consider thus per:rtt Void. You must obtain a Notice to Proceed. Da NOT begin any work within the State Right -of -Way without a validated Access Permit and Notice To Proceed. Use of this permit without Transportation Department -s validation shall be considered a violation of State Law. If you have any questions, pease call Mike Smitl- at 970-248-7230 Retable Access Permit and attachments to: Region 3 Traffic Section 222 South 8th Street, Room 100 Grand unction, CO S1501 The t ism tial to you of the Access Permit forrn for your approval cunstitutes 1 action In the Colorado Department of Traasporta not pursuant to section 43-2.147 C. R. S., es amended. CDorForm 01.2 !L99 0 1 Z01 0-1'17,'S0 7 16:59 1.11 9702457 29,1 CDCT R3 TRAFFIC 2 02 COLORADO DEPAR'TMEMT OF ARANSPORTATION STATE HIGHWAY ACCESS PERMIT CDOT Permit hiCr. 300042 State Highway NoiMp/Srde 070A/099.200a 10060 Da of Iransrrtttal 04,"17,2000 Reg or(Sed.Cn'Paboi 03.02. IC Local JuisdiCtior Garfield County The Perrnittee(s), Applicant. - -- 1 Brent L. Peterson Western Slope Aggregates, Inc 35960 River Frontage Road P,0 Box 910 New Castle, CO 81647 Carbondale. ('0 81623 970-8'6-2685 970-963-2296 1 ., hereby granted permission 10 nave an access to the.state highway at the location noted below The access shall be ctrtarrueted, triaintalied aid used it accordance rntn this permit. including the State Highway Access Code and an/ attachments. terns concibons and exhibits. This permit may be revoked by this ssurtig auVror+ty rf al any bine the pert vrled access and its 131 violate any parts or this pawl -he &suing au horty. the Department and their duly appointed agents and employees sha1I be head narrnless against Ary ac5on for peraora! in;1-y or property damage sa3larned by reason ot the exercise 3 the pemr4t. Location On the south side of 1./0 south frontage. a distance of 1056 feet eaEt frons I•RP 99 Access to Provide Sernce to - - Concrete Plant...........................»»..»................................. ... ...._. 100 ADT 50.00 % Gravel Pit............ .........................»......» .................» 100 ADT 50.00 Ria Other terms and conditions • See Ached Pages 2 and 3 and Other En,lcsures icy Adduiona Tertzts and Coadinnn` MUNICIPALLTY OR COUNTY APPROVAL Required only when the appropriate foca1 authority retains issuing authority. By byte Trite (x) l Upon the signing of tris permit the porm Hee agrees to the terms and conditions arc referenced attachments container herein AJI construction shall be completed it an expeditious and safe manner and shall be finished within 45 days from Initiation The permitted access scull be Completed in accordance wti the terms end conditions of the permit prior to being used. The permit's* shall ratify Brian Gieck with the Colorado Department of Transportation in Rifle at 970.625-2286 at least 4$ hours prior to commencing construction within the State Highway right-of-way. The person signing as the piernitaie must be the owner or segai representabve 01 Rye proper.} served by tree penmen access arc have r,;: alMonry so adept the permit and its terms and condition Pennines I !Ate /ow— This permit s not valid until signed by a duly authorized representative of the Department -- COLORADO DEPARTMENT OF TRANSPORTATION By. (x) Dale tot moat ' Title {` Access Manger Copy Distribution: Required I Rog on Apo ilesed 3 Stars Ansae Seebon Maks spas as raer&aey rot tool Auer:illy i ipeCtor MICE Patin /rat%Engineer 0C00CrA Previous edtw . are oanoleu end M. not b* used CDOT Farm I G1 area `"UU I R3 TR FAX E'02467294 State Highway Access Permit Form 101, Page 2 the following paragraphs are excerpts nl the state Highway Access Ciide. 1 nese are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State I iighway Access Code is available from your local issuing authonty (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the Issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternattve access to other public roads arid streets is available, and safety and destii ti slandarda Chariges in use or design not approved by the permit or the issuing authonFy may cause the revocation or ecispension of the permit APPEALS 1 Should the perrniI1ee or applir.ant relied to the ;tenial of a permit application by the Department or object to any of the teens or cuiulitions of : perm it placed there by the Department. the applicant and permittee (appellant) have d right to appeal the decision to the [Transportation] Commission [of C:oloradoj To appeal a de cisior, submit a request for administrative hearing le the Transportation Commission of Color ido within tit] days of tiaesmrttal tit notice ref (tenial Or Irensmitial nt the permit for signature. Submit tate request to the Transpo teuon Commission el Culerddu, 4201 East Arkansas Avenue, Denver, Colorado 80222- 3400. 1 he request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2 Any appeal by the appiicarit of per -miller: of ai;ticei by d local issuing dulhi-srity shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3 In submiIing the request tor administrative hearing, the appellant has the option of including within the appeal a request for a revtew by the Department's internal administrative review uxammi1b e pursuant to [Code( subsection 2.10. When such committee review is requested, processing of the appeal tar formal administrative heanng, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, nr the appellant siibrnits a request 10 the Commission or the administrative law judge to withdraw the appesal. The two ednrinistrahve processes, the internal adrrliiristrative review committee. and the administrative hearing, may riot run concurrently 4 Regardless of any r.nmmunications. rneettrigs, admtnislrative reviews or negotiations with the Department or the internist eurninistrative review Committee regarding revisions oi ublectiorns to the permit or a denial, if the permittee or applicant wishes to appeal the Depai1niente decision 1e the Cor ressien for a hcanng, the appeal must be brought to the Commission within 60 days oI transmittal of notice nt denial nr transmittal nt the permit PERMIT EXPIRATION 1 A penrrht shall be considered expired if the access is not under construction within one year re Ire permit issue dale or before the expiration of any authorised extension. When the perrnrttee is unable to commence cortstivchon within one year eller the permit issue date. the perrnihee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. 11 the access is not under construction within three years from date of issue the permit wilt be considered expired Any request for an extension must be in writing and submitted to the issuing aulbonty before the permit expires The request sfuould state the re;asuns wtiy the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit Extension approvals shall be in writing The local issuing authonty shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department nI alt denied extensions within ten days. Any person wishing to reestablish an access Derma that has expired rnbuy begin agate with the applieatiun pruce sures. Ari approved Netict. to Proceed, eutornattcally rerrews the access permit far the period of the Notice to Proceed CONNNSTRUCTto1N 1 (:oIlstrut„ton may not [login unlit a Notice to Proceed Is ripprovet: (Code subiset,tioa 2.41 2 The construction of the access and its appurtenances as requited by the terms and co iditions of the permit shall be completed at the expense of 'he pernintee except as provided in subsecbori 2.14 All material; used to the construction of the access within the highway right-of-way el on permanent easements, become pubL properly. Any materials removed from the highway right of way will be disposed of only as directed by the Department All fencing, guard rad, traffic control devices and other equipment and materials removed in the course et acCeSS cnnstnictinn shall he given to the Department unless otherwise instructed by the permit or the Department inspe tor. 3 rhe permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within stale highway right-ueway Construction of the access shall riot proceed until bath the access permit and the Notice to Proceed are issued. The access shalt be r:urnpleted in an expeditious and safe manner and shati be Finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension nol to ex& eod 30 working days may be requested from the individual or office specified on the permit 4 The issuing authority Arid the Department may inspect trio ar:e.ess dunr►q coustruchon aitd upon curnpteeon of the access to ensure that all terms and conditions of the permit are met Inspectors are authorized to enlorcc the conditions of the permit during construction and to halt any aCttvities within state right -el -way that do not compty whirs the prnvisinns of tee pennil that conflict with concurrent highway construction or maintenance work, that endanger tiig:iwtiy :DOT R3 7i?AFF C properly, natural or cultural resources protected by taw. or the health and safety of wurkers or the ',Wee 5. Pnor to using the access, the permittee is required to enniplele the construction according to the terms and conditions of the permit Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the. Departinerd ur issuing authority to initiate action to suspend or revoke the permit and rinse the acre s 11 in the determination of the Department or Issuing authority the failure to comply with or complete the construction requirements of the peanut create a highwoy safety hazard, such shall to sufficient cause for the summary suspension of the permit If the permittee wrsnes to use the access prior to completion, arrangements must be approved by lire issuing authority and Department and included in the permit. The Department lir tssuingl authority may Order a halt to any unauthonzed use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the pen nitte*: ties failed to meet required specifications of design or materials If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsitee for an repairs Failure lo make such repairs may result in suspension of the permit and Closure of tete access 6. The permittee shall provide ronc,trucrinn traffic control devices at all limes during access construction, in conformance with the M.0 T.C.D. as required by section 42 4-104, C.R.S., as amended. 7 A utility permit shall be obtained he any utility work within highway light -of - way. Where necessary to remove, relocate, or repair a trafic control devic:e Or public or private utilities for the cunsttuction of a permitted access. the relocation, rernoval or repair shall be accomplished by the permittee without cost lo the Department or issuing authority, and at the direction of the Department or utility company. Any dainege to tate slate highway or uther pulrlie; i fight -of -way beyond that which is allowed in the permit shall he repaired immediately The perrrtittee is responsible for the repair of any utility damaged in the course 01 access construction, reconstruction or repair. 9 le the riveitt it becomes rid essary to rer trove any right-of-way fenc-e, the posts on either side of the access shall be securely braced with an apprnved end post before the fence is cut to prevent any slacking of the remaining fence All posts and wire removed are Department properly and shall be turned aver to ,-i representative a1 the Department. 9 The permittee shall ensure that a copy al the: permit is available for review al ttio constneerion site al all times The permit may require the contractor to notify the individual or office specified on the permit ct any specified phases in curisirueb nr to allow the field inspector to inspect various aspects of construction :Stich as concrete forms. subbase, base course compaction, and iNiter His specifications. terror changes and additions may be ordered ny the Depanrnent or local authority held inspector to meet unanticipated site conaibars. 10 Each accees Ghali be consirucred in a manner that seal not cause water it) enter onto the roadway or shoulder, and shall riot interfere v.i1h the emoting rfra+rruye systei:i un the nth!-ot-way or any adopted municipal system and drainage plan. 11 By accepting the permit, permittee agrees to save, indemnity. and hold harmless to the, extent allowed by law, the issuing authority. the Department, its officers, and einuloyees fiurri suitsactions, claims of any type or character brnught because of injuries or damage sustained by any person resulting from the permrttee's use of the access permit during the construction of the access CHANCES IN ACCESS USE AND PERMIT VIOLATIONS 1 It is ilre res; nitsitiility at the property owner and permittee to ensure that the use of the access to the property re not in violation of the Cade, permit terms and Condition; Or the Act The terns and conditions or any permit are binding upon all assigns, successors -in -interest, heirs and occupants. !f any s:gnnccanl changes are made of will be made in Uict use of the property wench will affect access operation, traffic volume and or vehicle type, ttie perrneflee or property owner shall contact the local issuing authority or the Department to determine if a new arc ees permit and morel cermet; co the ar,x.oss ate required. 2 Woe!' al; acc:ess is constructed ur used in violation of the Code, section 43- 2.147(5)(r) c: R S , of the Act applies Tile r epar1irierri or issuing aultturiIy may summarily suspend an access permit and immediately order clrsere cl the acxoss when ,Ls continued use presents an immediate threat to public nealtn, Welfare: or safety Summary suspension snail comply with article 4 of IIlc 24, C.R.S. MAIN I kNANCE 1 Tee perm elle, his or her heirs. successors +n interest. assigns and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions nditions of the permit. the repair and maintenance of ine access beyond the edge of the roadway including) any cattle guard and gate. and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part or maintenance of the highway drainage system However. the permittee is responsible for the repair and replacement of any arress-relatedd culverts within the right-of-way. Within incorporated areas, drainage responsibilities tor municipalitios are determined by statute and local ordinance. The Department will in.iiritain tare roadway inc-tuding auxiliary lanes and shoulders, except in those cases where the aerese iiiseelahoir has felled due to improper access COnstwCiton andlor tarlure k, fallow permit requirements and specifications in which case the pernette a shall be responsible for such repair Any signnccant repairs such as culvert replacement. resurfacing, or changes in design or specifications, requires authorization ire the Depadrnerrt. eurrn 101, agr 04 17 ao 16:59 FAA 97 0245 294 CDCT R3 TRAFFIC 265 STATE HIGHWAY ACCESS PERMIT #300042 Iss:ied to Western Slope Aggregates. Inc TERMS AND CONDITIONS April 17, 2000 1 LI -there are any questions regarding this permit. please comae.. Mike Smith at (970, 248-7230 2 This access shall be constructed 30 feet wide with 50•foot radii. The surf .::ng shall rnect the Department's Specifications with minimum surfacing to be equal to or greater than exisnng highway conditions. (1 e gra. hl if Gravel exists or current highway, Asphalt if asphalt exists on current highway) Contact the Region Materials Poinneer at (970) 248-7225 or Region Access Manager at (970) 248.7230 for Materal Spectficatiuns,. A Notice to Proceed, CDOT Form 1265 is required before beginning the :onsnei::ton of the access or any acnsire within the highway right -of u -ay. When ready to begin coestu: tion, the applicant shall submit all permit required construction drawings, spcct6catiocs and other required items, along with a copy of the access permit to the Departmere The request shall be in venting The Depa,-Cnertt shall provide a copy of the Nonce to Proceed to the local authority a The following items are required before a Notice to Proceed will be issued - (a) Certificate of Insurance Liability as per Section 2.:(l 1)(h) of the Access Code (lit Traffic Control Plan 5 The Perini*tee shell refer to all addinrrnal standard requiremetts on tie back of this perm! and any enclosed additional terms, conditions, exhibits and noted attachments 6. Upon completion of the access, the applicant shall notify the Access Manager by certified mail within 10 days at Colorado Department of Transportation Mike Smith Region 3 - Access Manager 606 South 9e Street Grand Junction, Colorado 81501 This Permit is Issued ire accordance with the State Highwa) ALCIN3 Cods (2 CCR 601•1), and is based it part upon the information submitted by the Permittee. This permit is only for the use and purpose stated in the Application and Permit. Any changes m teafc volumes or type, drainage, or other operational aspects may render dais permit void. tegwnrg a new permit to be applied for based 4p3i exisnng acrd anticipated funue cotdrenus This permitted access is only for the use and purpose stated m the A.pplicatioc and Permit It is the permnee's responsibility co monitor trsf'fic volumes and to to hate teadway i,.7..invements as required by the access code prior to increased icttvity. Failure to comply with this provision may reader this permit null and void 9. Nothing in this permit shall prohibit the Departmentfrom exeri.ising the r,iiht granted in CRS 43-3-102 including but not Lmited to restricting left hand turns by construction of physical medial separations. O. Watet, sanitary. sewer, gas, electrical, communication, lanciscapuig, and telephone installations will require iuchs idual addinorral permits. The Pertinrttee is responsible for obtaining any necessary addri:inel federal, state at d/or City,Cnunry peril'=s nr cleararres refused for construction of the a=cess. Appre.•al of ties access permit dors not constitute enficattor, adds action by the Perrrrinee. 12. Any work within State Highway right-of-way shall begin after 8.1t- a..M and all work and equipment shall be off the highway BEFORE 3:30 P.M. each day. 13. No highway lane closures or one-way traffic will be allowed. 14 No work will be allowed at tight. Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also resaict work wit .ri this 2tate Highway ngt:.t-of-way during adverse weather cambium, 15 It is the responsibility of the Permittee to prevent all livestock from entering the Stag Highway right-of-way at this access location Any livestock that does enter the 1ughway light-or.wey sl:atl be the sole responsibility of the Permittee. .2- 000003 3 n� •17 116 16:59 FAX P7D2457254 CCCT ie Tb..AFFIC Zt'b STATE HIGHWAY ACCESS PERMIT #300042 Issued to Western Slope Aggregates, Inc TERMS AND CONDETIONS(cont'd) April 17. 2000 16. lin the event the landscaping becomes unsightly or considered to be a traffic herd, The Department may require that tt be te•asoaed promptly by the Pertni!tee and at no cost to the Department. 1" Landscaping shall not obstruct sight elastance at any State Hig,nwes access print. 1h. A fu:ly executed complete copy of this permit must be en the loo site Kith the contractor at all rtrraes during :lie construction. Failure to comply with this or any other constnicnoc requ amen: may result in the immediate suspension of work by order of the department inspector or the issv.tng authority 19 Survey markers or monuments found in state highway right-of-way must be preserved in their anginal positions Notify the Deparraseni at (970) 248-7220 immediately upon damage to or discovery of any such markers or monwnents at the work site. Any survey ararkers ac monuments chsnatbed du:ricg the execution of this permit shall be repaired and'or replaced immediately at the expense of the permittee. 20 It shall be the responsibility of the Permirtee to verify the locate= of the ex sting utilities and notify all unlit) owners or operators of any work that might involve utihhes within the State Highway right -cif -way. Any work necessary to protect exasr ng permitted tiedit►es, such as an encasement will be the responsibihry cf the Perriultee Any damage or disruption to any utilities during the construction stall be the Perrnsttee's responsibility and shat: be repaired or replaced at no cost to the Department. =1. Any damage to any present highway facilities including traffic contra• devices shall be repaired immediately at no cast to the Department and prior to continuing other work Any rend or other matenal tacked or otierwose deposited on the roadway shall be removed dady or as ordered by elle Department Inspector. :2. Areas or roadway and'or right-of-way disturbed during this installation shall be restored to then- orgtna' conditions, to insure proper strength, drainage and erasion control 23. Any incomplete cenatruchon activity on the State Highway that trust be left Jvernight, shall be barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other applicable standards. _4i Open cis, which are 6 inches in depth, within 30 feet cf the edge of the State Highway traveled way_ *12 riot be left open at right, on weekends, er un holidays 25. No more than b feet of trench areas shall be opened at any one time Open wenches and other excavations within. the State Highway nghi-of way shall be backfilled anchor paved before 3.30 F.M. of each working day us he protected in accordance wash the M 16 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and re -seeded in accordance •atth the Department standard spe:ifacattons- :' When tt is necessary to remove any highway nght-of wale fence, the posts on either stde cf the access entrance still be securely braced with approved end posts and in confortnaace uitlt the Department's M-607-1 standard. before the fence is cut, tL• prevent slaettng of the remaining fence. s►il posts and wire removed shall be returned co the Department. 28 All excavatons for misty lines. culverts, wenches ct tunnels shall Meer the requirements of the Occupational, Safety and Health Administration (OSHA), Coioradc [dismal Commission, Colorado Divtsirnr of Mines or the Colorado De-partrnent of Transportation, whichever apples, 29. The access shalt be constructed perpendicular to the +'ravel lanes of the State Highway for a =mom distance of 5G feet, and shall slope down and away from the adjacent pavement edge at a rate of 2% grade fors minimum of 2f feet If curb and guttet are present the slope shalt be calculated from pan line to pan line. Any revisions to this requirement shall be sub sect to Department review and approval pros to commencement of any work within the highway right -of --way. 30 The access shall be completed in an expeditious and safe tamer and shall be finished within 45 days from initiation of construction within State Highway nghr-of-way 31. Pursuant to section 4 le 2 of the State Highway Access Code, the aces roadway shall not exceed a r nastmum grade of 10 percent within the highway right -of --way, as measured 50 feet beyond the pavement edge acrd extending to the right-of-way lune. The access vertical grade s}lino he designed and constructed .n conformance with the Department M & S standard M -20i3-1. 3- OOOCC34 01 17 18,;9 FAX 97)2457294 CUOT R3 TRAFFIC _'7 STATE HIGHWAY ACCESS PERMIT #300042 issued 'u Nes e'n Slope Aggregates, InC TERMS AND COND!T!ONS(cont"d) April 17, 2000 ?2, The design of the horizontal and vertical sight distan_e 'hal: be no less than the minimum requirements. as provided in section 4.9 of the State Highway Access Code, 7 CCR 31 All required access m rovemeuts slxall be installed prior to ±e herein -authorized use of this access_ 14 The access shall be surfaced immediately upon compleLon of eart1wark coasts=nos and pnor to ti,e. c Compaction of subgrade, embankments and backfill shall be in actordacce tc sec_ion 203 07 of the Department's standard specifications. 36. Slopes shall be at a &1 ratio on the roadway and a 6.1 rano ou the approach. '7. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to detain all drainage in excess of historical flows and time of concennat:an an site. All existing drainage structures shall be extended, moddied or upgraded, as applicable, to accommodate all ne construction and safety standards, in accordance with the Departrneot's standard specifications :'F. .4. 0000035 SECTION IV DEWATERING PERMIT SURFACE WATER MANAGEMENT PLAN 0 00[ 3b STATE OF COLORADO Bill Owens, Governor Jane 11. Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. 5. Denver, Colorado 80246-1530 Phone (303) 692-2000 TDD Line (303) 691-7700 Located in Glendale, Colorado Laboratory and Radiation Services Division 8100 Lowry Blvd. Denver CO 80230-6928 (303) 692-3090 h t tp alwww.cdphe, s tate . co. us March 24, 2000 Western Slope Aggregates, Inc. William M. Roberts P.O. Box 910 Carbondale, CO 81632 Colorado Llepatt anent of Public Health and Environment RE; Certification, Colorado Wastewater Discharge Permit System: Permit No., COG -500000, Facility Number: COG -500378, Garfield County Dear Mr. Roberts: Enclosed please find a copy of your certification which was issued under the Colorado Water Quality Control Act. You are legally obligated to comply with all terms and conditions of the permit and certifications. Please read the permit and the certification, if you have any questions contact Marla Biberstine at 692-3597. Sincerely, Marla L. Biberstine Program Assistant, Permits Unit Water Quality Control Division XC: Bruce Kent, Permit Team, Environmental Protection Agency (w/1-7) Regional Council of Government (w/1-7) Local County Health Department (w/1-7) District Engineer (w/1-7) Enclosure Permit No. COG -500000 Facility No. COG -50037$ CDMG Permit Pending Page 1 CERTIFICATION AUTHORIZATION TO DISCHARGE UNDER THE CDPS INDUSTRIAL GENERAL PERMIT FOR SAND AND GRAVEL MINING AND PROCESSING GE;\'ER4L PERMIT Category 07, Sub -category lA — General Permits, Sand and Gravel — Process Water & Stormwater SIC Code 1442, Sand and gravel mining, washing, crushing screening and stockpiling. Current fee $132/year (effective July 1, 1998) This permit specifically authorizes: WESTERN SLOPE AGGREGATES, INC. William M. Roberts P.O. Box 910 Carbondale, CO 81632 (970) 963-2296 FAX (970) 963-2412 with the facility contact of Glen Harsh. General Council P.O. Box 910 Carbandale, CO 81632 (970) 963-1296 FAX. (970) 963-1412 to discharge pit dewatering waterfront the facility identified as Peterson Gravel Pit located in the NW''/. of Section 12, TO6S. R92W of the 6th PM; Latitude: 39° 32' 30 ", longitude: 107° 37' 30". Garfield County, as shown in Figure 1 of the permit.V,from outfall 001. as shown in Figure 2 of the permit and further identified and described in the following :able. 001 Discharges from the sedimentation pond w a local irrigation drain ditch prior to entering the Colorado River 1944.4 gpm (2.8 MGD) The discharge is to the mainstem of the Colorado River, Segment 1 of the Lower Colorado River Basin, found in the Classifications and Numeric Standards for the Lower Colorado River Basin (5 CCR 1002-37), as amended July 14, 1997. Segment 1 is classified for the following uses: Aquatic Life, Class 1 (Cold); Recreation, Class 1; Water Supply; Agriculture. Antidegradation review does not apply to this permit because new loading is less than 10% of the existing loading of the receiving water because no water quality standard parameters other than pH are expected. Effluent limitations in Part 1.8, 2.a. of the permit and monitoring requirements in 1.B.3. of the permit apply to this facilitt. 's process water discharges. Salinity (TDS) monitoring of the discharge will be required. Phosphorus monitoring of rhe discharge will not be required. At the time of application, the permittee certified that they had developed and implemented a Stormwater Management Plan (SWMPJ for this facility. This certification was signed by William M. Roberts on 2/25/00. As a condition of this permit, a copy of the SWMP must be provided to the Division upon request. The permittee is encouraged to read the general rationale for an understanding of how this permit was developed and read the permit to see what requirements exist. In the permit, effluent limitations and monitoring / reporting requirements are specified in Parts LB. and 1.C; special notification requirements for effluent violations are addressed in Part 11.A. A11 correspondence relative to this facility should reference the specific facility number, COG -50078A Effective MAR 2 4 2000 Expires_ J/30/02 .: )U,ir2.O John A. Colbert Jr. March 21, 2000 .1 1p6 G •` 11 • 'H'\11/ U a -2 1"1 sT• • L rq- 0. 1f 4•` — — — = . " NCP. +=,a •s • � _ J CU" o. •-37,1 — FIGURE 1 WESTERN SLOPE AGGREGATES, INC SAND AND GRAVEL OPERATION COG -50037S PAGE25 n(+ A Western Slope Aggregates, In c. %'6.7 .11*.S 141.8296 ..ERGME GAMBA de ASSOCIATES, I x+01.1143 94161.116 9 NO ILMESCP0 fie / • rf '.I SI Q'' +i t: I [ rM f1 1 l t'3 \j 1111, ,,sht! 1 1 c) 41 1 1u, 11 L ll 1 1 F 1i1 11 \1 11 \ I 11t l 11i Ill Q 1 In c5 1 It 11Qi \ t I t PV, l I a f 6.1 t )I I !� 1. Ai) 1 c�i 11 11 ll nv 1 1 r ,�ll II iI) (1 Q11 " k i 4 lI Ii 'I 1ti a a1 _ II V1 c11t 1 1 a °' c113 in ' i� 11 � /i ri i a / ‘ 1 \ 0 c_I / L1in 1\ w — II / // l �� 1 // 1 . _ �_"-ma:: 1--1,,:a 1 ° 7i \ \ __. ...� . _ �., / 1V \1 - — SI — —iI — SI . - • SI t1 I 5 w 1 !c (Y a Page 2 Permit No. COG -500000 CDPS GENERAL PERMIT FOR SAND AND GRAVEL MINING AND. PROCESSING (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of process water and stormwater associated with operations engaged in mining and processing of sand and gravel (including rack and stone used as aggregate), and mining and quarrying of other nonmetallic minerals except fuels, certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility Listed on page 1 of this permit to discharge process water andior stormwater associated with operations engaged in mining and processing of sand and gravel (including rock and stone used as aggregate), and mining and quarrying of other nonmetallic minerals except fuels, as of this date, in accordance with the permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, September 30, 2002. Issued and Signed this day of AUG 2 7 1997 COLORADO, w EPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT I. David Ho S. Director Water Quality Control Division CERTIFIED Lt r r i=R # MATE SIGNED AUG 2 7 1997 PERM R EFFECTIVE ULI 1� T99t 000004 j tii((Y(liu'tululYKulfi!(W'iKNOiYulf h' (rYII[{i(V:(.101YxYTl0Y0C `;t•.?''^l r .•"S::a�:; •,,;•:'{5'`''"=_i1 c-.tvt'<:r+�y` ; :a:rr �t � •, 1• 'i 1'% f •• • �1i '_Ki_L_4�n�ri =iY 4! ��O.�S.sQk. I1Yi o . t !ali.1,$* ) LiJ rvry/1,././44, a./ /4//7,Writ://Xligdkilelyypin;iiterile4eV /-0,17/1 7.01//:(//./("rtig'Sfek,r6rp119,7,,,,NeW,9"-(9 '-- i.A07 , • V g 5,041,0, 41/5,91/d/ ..1//wiriorkayfolif.VAC-}0,01,Joy ' 4t. I tk, —aliffi), t /) .454 , , ii.,--- ... er (4 .114A76:04.f':11-r".- •1 D .4 -40"11.4.0.4410141.401, ow+ 44 I kir duet" :#4444,--0P__+,600,4,-# itAnove.,-,e. 11 ill inhaltier faPf4Ne-,.oa„oo#,As:*t4Sdt-4.",,t*,s43-,,otkoUslbt,4"\vr u 41 -'••••• -'1111 VOWIAN4141%,V ,911%,"., IOW ,Irarf+4911WNWO eritlYirg* (241, Ale"let 4141IP °AA 11117ffairl, ' .A4 ' • 11(01M41.LIAA. 1.1d4.4'.'4•?•4r.'.4',4TATAW:41 Vt!....4•0•V4e4 r." 7...47,47-4',WPV44'.414).T.1".. iNCORPORATED UNDER THE LAWS OF THE STATE OF COLORADO :-7.;:1::".‘'.3"'n....':'-'14-"*.' -••••- ,.. . ...1..'. :,...0"., ":.• 9 “,"..1"..I.,3.',....".....'04 J.,.. ...,...W......:,...0.00.9.W....,A.^..7...,:,...19. jpgm ., t,.. ;,..., . ,. '114, '4.-• i'• of ditch\and ft rattiest" t 1 rati •cin ch Share a tcckindependeht of the point or poIrfta where water by virtue hereof is diverted from the ComPany't- ,the sarrie burden (or the Purposes &foretold throughout said btire dtcJ The Owner of this certificate it entitled to 1,270 Portiori he Water carryingoeipacitP of the CcirnpanOt ditch, having its headgate on the nOrthFrly tide �l the Grand River, in 1.20 8, Sec. 5. Tp. 6 R. 91 W., to be used for irrigation and domestic purposes only upon the land of the owner of said stock; _ tO be delivered on the line of Said ditch at the point or points deiignateel by the Board of lUrectors of the Company. This stock • Subject to an annual' nd special assessments for the purposes aforesaid, to be leviivel and made by said Board and to be paid it such nein. plane' And manner k may decide. No water shall be furnished by virtue of this certificate so long as the owner there -2 - ,,:f\of 5h1I tin -nails delinquent In the payrrierii of any assessment for the purposes aforesaid, and the use of the water called for \ tcrt44te,b-s, Any other stockholder, than the owner during such delinquency shall not gilps the owner of this Stock a right of ac ouch User of) tlie,Coriipany. All assetisMenta shill become due in 30 days after levied and mad O by the Beilird, and • not Paid Within 601day t after due, the delinquent stock may be advertised for tale at public auction for 30 days and sold accord- 7 to make the amount of such delinquency and if no bids be made therefor. such delinquent stock shall reven to the Company;_. This stock it not entitled to be voted cumulative for any purpose and it transferable only on the books of the Gllnpany in person,- \ or by attorney an surrender of this certificate. • in Witness DIfttraf, the President and Set retary have hereunto aubteribed their names and caused ▪ the Company to be hereto affixed at Auer, Colorado. this_ . .. 1wI.,/(11(j:/(1,114.11;("jt sscorra4.4). ,ot,44.61,—A2d4ue4-ZZIet.12-is. the owner of tbt Grand River Ditch Comkny, Shares of the Capital Stock of art annual assessment for repairs, betterment. imprpvernentv, operation. enlargement and Ileiderition because of urikrseen circumstances or casualty to the ditch or its appurtenances. all VI ,iii1,11(1111,:i 14 1 01,40.:Arb 1,111 .w. 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' `, --- '," ",',24,•...;2.F,' -4.-',:e...,,- 0 •-\,) ~ 4pw, V0a 1.os-0ggo4ost,-4•4.„0oirr,ifizit#-;-"t1b0etolViii41ocoeti4:t11-vrst141°v4,te-,-w10s,&:rie04sIt#v-oeI*1AIr41$Ps0g4e0i44t44eWAh1#4t4,:0po1ls"ct4.4444-t4o4167 I7&rW io-0,t44.i-4r:o1i-.if41pc,rp4-•141t-ie-o-.4; r4IgA,4P4t4"- 40I*P.i1.6n44.or*04*id--is1* 0r.l.41*4te "to*,0.40**4l.V4 ..or #44*.*004..4..it-tr0.41e16t.rr0z4O"i0•*o• 044vVM#x,Ni4ii414rIiirfiviedct.ft4eo.4aV.x(1wfr*1eii,eil0*~r0At1tretAAi1iat..vfr4.fo%11Ao4ie14'..p4fer,i.sTh4oti.ae1e4r4ip#At4*00-urfli4i91i,fr4tffi#fA9iiil41o7a,n(e044l10z1Al 4,bN1,io.0i14,tIri1ljo1 s44)k-gr47l1vrhvap01t-ml-4r/)TOi.thi4ii.o4nk110yb71/ei14iwt"i 1,dgi6n/ l"rsft0A kA#.i1-lCt0i*ui4l-iin1eb.v't'l -1t.)y47Xii0l, IrinattICA,;, '2)' , 410,40 to" hot e 14.41441 A • ift)i> , A* . a " aNirl L14'1.'4 %-Se• Vt•SI,5"71i, 4?1„div,y fr:////hrovA0 ,_49areseAnsc;eviarmciwiew,,TOre4941,14,/k,..opyg;:ho ceek/aWelegrf,temweteeicer"iiiVeAketviac,e7 91,Yry://,7 kka,94,4%;:de/tWdee.464-4irke- hfazwie/ (-11/jasfe. it; A 4 MA611"111.?" 11"1"1"11.4'' 441'' 171rt4 \/-0( AZ (1 11.11,04.454474ratArLedii.m.r.6.rs • '1".71,7(. • ' 714';'`": t , • 00,00024 1.90PMea _ z7- cibvaled....*effiled___Aves#,Jeeaddelimaidfr4/4/' pkk- -.-7049.,a01.40,90,444.74.400940-4044; wizia;h(-61 /0" -ceek,andak ,(eireifeeete , 0,Alth jkoPpe 41rei;2107iikial.ddeirieliaA;4)0h 14#(1/%! .61A9Mralefli .,;e4,61.14&a.h4defreifiii;e4 2fad IP CDPS GENERAL PERMIT - SAND AND GRAVEL TABLE OF CONTENTS PART I A. COVERAGE UNDER THIS PERMIT 3 1. Industries Covered 3 2. Dredge and Fill Operations 3 3. Application Requirements 4 4. Application Due Dates 4 5. Certification Procedures 4 6. Permit Certification, Applicable Sections .. 5 7. Permit Expiration Date 5 8 Inactivation of Certification - 5 B. EFFLUENT LIMITATIONS AND CONDITIONS - PROCESS WATER DISCHARGE ... 5 1. General Limitations 5 2. Industry -Specific Numeric Limitations - 6 3. Monitoring Requirements 7 4. Flow Measuring Device ............. 7 C. EFFLUENT LIMITATIONS AND CONDITIONS - STORM -WATER DISCHARGE ........ 8 1. General Limitations 8 2. Stormwater Management Plan (SWMP) 8 3. Facility Inspections 9 4. Additional SWMP Requirements 10 5. SWMP Availability 11 6. SWMP Deadlines, Certification 11 7. Prohibition of Non-stormwater Discharges ... 11 8. Record keeping and Internal Reporting Procedures ..... 11 9. Employee Education 11 D. MONITORING AND REPORTING 12 1. Representative Sampling 12 2. Sampling - Stormwater 12 3. Reporting of Data - Process Water Dischargers 12 4. Reporting of Data - Stormwater Dischargers 12 5. Test Procedures 13 6. Additional Monitoring by Permittee - 13 7. Reporting to Municipality 13 8. Special Monitoring I3 9. Signatory Requirements 14, E. DEFINITIONS 14 F. GENERAL REQUIREMENTS 15 1. Representative Sampling ..... , .. , , 15 15 2. Analytical and Sampling Methods for Monitoring 3. Records 15 -2a- 0131)0 • PART II A. MANAGEMENT REQUIREMENTS 16 1. Change in Discharge 16 2. Special Notifications - Definitions 16 3. Noncompliance Notification 16 4. Submission of Incorrect or Incomplete Information 17 5. Bypass - 17 6_ Bypass Notification 17 7. Upsets 18 8. Removed Substances 18 9, Minirni7ation of Adverse Impact 18 10. Discharge Point 18 11. Reduction, Loss, or Failure of Treatment Facility 19 12. Proper Operation and Maintenance 19 B. RESPONSIBILITIES 19 1. Inspections and Right to Entry 19 2. Duty to Provide Information 19 3. Transfer of Ownership or Control 20 4. Availability of Reports 20 5. Modification, Suspension, or Revocation of Permits By the Division .. 20 6. Oil and Hazardous Substance Liability 23 7. State Laws 23 8. Permit Violations 23 9. Property Rights 23 10. Severability 23 11. Renewal. Application 23 12. Confidentiality 23 13. Fees 24 14. Requiring an Individual CDPS Permit 24 15. Requesting an Individual CDPS Permit 24 16. Requesting Coverage Under the General Permit 24 PART I A. COVERAGE UNDER THIS PERMIT 1. Industries Covered Page 3 Permit No. COG -500000 Under this general permit, the following types of facilities may be granted authorization to discharge treated process - generated wastewaters and/or stormwater runoff into waters of the state of Colorado: Facilities engaged in the mining and processing of sand and gravel (including rock or stone used as aggregate), and mining and quarrying of other nonmetallic minerals (except fuels or graphite), as described by the Standard Industrial Classification (SIC) Code 14, and asphalt and concrete batch plants located at facilities covered under this permit. a. Stormwater vs. Process water: When stormwater mixes with process water, the process water limitations (Part I.B of the permit) apply to the discharge of that mixed water. Process -waters from these facilities are subject to effluent limitations under 40 CFR 436. b. Process Water: For purposes of this permit, process generated wastewaters include: 1) Product wash waters; 2) Maintenance/equipment wash waters; 3) Transport waters; 4) Scrubber waters (crushers or classifiers); 5) Mine dewatering (groundwater and/or runoff); 6) Other process water as determined by the permit issuing authority; 7) Stormwater runoff from mine or processing areas; and 8) Stormwater runoff which mixes with process generated wastewater prior to sampling. Stormwater: The stormwater section (Part I.0 of the permit) is intended to cover stormwater runoff from those portions of a nonmetallic minerals production operation that are not subject to effluent limitations under 40 CFR 436. Dredge and Fill Operations This permit does not constitute authorization under 33 U.S.C. 1344 (Section 404 of the Clean Water Act) of any stream dredging or filling operations. DP00043 PART 1 Page 4 Permit No. COG -500000 Application Requirements In order to be considered eligible for authorization to discharge under the terms and conditions of this permit, the owner, operator, and/or authorized agent of any facility desiring to discharge must submit, by letter or hand delivery, two copies of the discharge application form, available from the Water Control Di' ision (the "Division'), which generally requires the following information: a. Name, address, and descriptive location of the facility; b. Name of principal in charge of operation of the facility; c. Name of water receiving the discharge; d. Description of the type of activity resulting in the discharge including the anticipated duration of activity and/or the discharge, anticipated volume, and rate of discharge, and the source of water which is to be discharged; e. Description of any waste water treatment system and recycle/reuse utilized; f. A map or schennaric diagram showing the general area and/or routing of the activity; g. Analysis of the process water to be discharged; h. Description of stormwater discharges, including drainage area; i. Description of present and proposed best management practices at site, including trap; j Any existing water quality data on stormwater discharges; and k. Certification as to the preparation of a Stormwater Management Plan. 4. Application Due Dates At least thirty days prior to the anticipated date of discharge, the owner (or operator if the owner does not operate the facility) of the facility shall submit an application as provided by the Division. One original and Two copies of the completed discharge application form shall be submitted, by certified mail or hand delivery, to: Colorado Department of Public Health and Environment Water Quality Control Division WQCD PERMITS 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 5. Certification Procedures If the general permit is applicable to the applicant's operation, then a certification will be developed and the applicant will be certified under this general permit. a. Request for Additional Information: The Division shall have up to thirty days after receipt of the above information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information, the Division shad have an additional thirty days to issue or deny authorization for the particular discharge. (Notification of denial shall be by letter, in cases where coverage under an alternate general permit or an individual permit is required, instead of coverage under this general permit.) PART I Page 5 Permit No. COG -500000 b. Automatic Coverage: If the applicant does not receive a request for additional information or a notification of denial from the Division dated within thirty days of the receipt of the application by the Division, authorization to discharge in accordance with the conditions of this permit shall be deemed granted. c. Individual Permit Required: If, after evaluation of the application (or additional information, such as the SWMP). it is found that this general permit is not applicable to the operation, then the application will be processed as one for an individual permit. The applicant will be notified of the Division's decision to deny certification under this general permit. For an individual permit, additional information may be requested, and 1$0 days will be required to process the application and issue the permit. Temporary coverage under this general permit may be allowed until the individual permit goes into effect. d. General vs. Individual Permit Coverage: Any owner or operator authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The owner or operator shall submit an individual application to the Division, with reasons supporting the request. 6 Permit Certifications, Applicable Sections: The individual certification prepared for each applicant will indicate whether Part I.B of the permit which must be followed by that applicant. Part LC must be followed by all permittees unless exempted as outlined in Section III.0 of the Rationale, (In the absence of such indication from the Division, the permittee will be responsible for determining and then complying with the applicable sections in Part I.) In addition, all permittees will be required to comply with Part I, subparts A, D, E and F, and all of Part II of the permit. Permit Expiration Date Authorization to discharge under this general permit shall commence on October 1, 1997, and shall expire on September 30, 2002. The Division must evaluate and reissue this general permit once every five years, and must also recertify the applicant's authority to discharge under the general permit at such time. Therefore, any permittee desiring continued coverage under the general permit must reapply by March 31, 2002. The Division will determine if the applicant may continue to operate under the terms of the general permit. An individual permit will be required for any facility not reauthorized to discharge under the reissued general permit. For facilities wishing to terminate authorization under the new permit, provisions of Part 11.13.5.d will be applicable. $. Inactivation of Certification The permittee may request inactivation of their certification under this permit, once the site has been fully released from their reclamation bond requirements by the Colorado Division of Minerals and Geology (CDMG). See Part II.B.5.d of the permit. B. EFFLUENT LIMITATIONS AND CONATIONS - PROCESS WATER DISCHARGE (This section (I.B) only applies to facilities with a discharge of process water.) 1. General Limitations a. There shall be no discharge of sanitary waste waters from toilets or related facilities. b. There shall be no discharge of floating solids or visible foam. c. No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the permit issuing authority. In granting the use of such chemicals, additional limitations and monitoring requirements may be imposed. 9094 et PART I Page 6 Permit No. COG -500000 d. Bulk storage structures for petroleum products and other chemicals shall have adequate protection so as to prevent any reasonable loss of the material from entering discharged waters or waters of the State. 2. Industry -Specific Numeric Limitations Beginning October 1, 1997 and lasting through September 30, 2002, the permittee is authorized to discharge from the process water outfalls, under the industrial category below, as identified in their permit certification. In accordance with the Water Quality Control Commission Regulations for Effluent Limitations, Regulation 62, 5 C.C.R. 1002-62 and State Discharge Permit System Regulations, Section 61.8 (2), 5 C.C.R. 1002-61, the permitted discharge shall not contain effluent parameter concentrations which exceed the following limitations: a. Mineral miring and processing point source category - 40 CFR 436 - subpart B (crushed stone), C (construction sand and gravel), R (phosphate rock) - and all other industrial facilities covered under SIC Code 14, (except graphite and those facilities specifically listed in paragraph c, below), and concrete and asphalt batch plants located at any facility otherwise covered by this general permit: Effluent Parameter Discharge Limitations (See defutitions Pan I.E.) 30 -Day Avg i-Dav Avg Daily Max Flow, MGD Report NA Report pH, s.u. (Min./Max) NA NA 6.5/9.0 Total Suspended Solids, mg/1 30 45 NA Oil and Grease, mg/1 NA NA 10 Total Dissolved Solids, mgll * NA NA Report Total Phosphorus (as P) mg/1 ** NA NA Report Applicable to waters of the Colorado River Basin Only. See I.D.8.a. Applicable to waters listed in I.D.8.b. Mineral training and processing point source category - 40 CFR 436 subpart AL (graphite): The discharge of process wastewater from graphite mines is not covered by this permit. (See Section V.A.2.d of the Rationale.) b. Mineral mining and processing point source category - 40 CFR 436 - subpart D (industrial sand) (except for process - generated wastewater from facilities employing HF floatation): Effluent Parameter Discharge Limitations (See definitions Part I.E.) 30-Dav Avg 7-Dav Avg Daily Max Flow, MGD Report NA Report pH, s.u. (Min.fMax) NA NA 6.5/9.0 Total Suspended Solids. mg/1 25 45 NA Oil and Grease, mg/I NA NA 10 Total Dissolved Solids, mg/1 * NA NA Report Total Phosphorus (as P) tog/1 ** NA NA Report - Applicable to waters of the Colorado River Basin Only. See I.D.8.a. Applicable to waters listed in I.D.8.b. PART I Page 7 Permit No. COG -500000 No process water discharge will be covered under this permit or authorized by certification for discharges with the mineral mining and processing paint source category of 40 CFR 436 - subparts E (gypsum), F (asphaltic mineral), G (asbestos and wollastonite), J (barite), K (fluorspar), L (salines from brine lakes), M (borax), N (potash), 0 (sodium sulfate), V (bentonite), W (magnesite), X (diatomite), Y (jade), Z (novacuiite), AF (tripoli). 3. Monitoring Requirements In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part I.B, the permittee shall monitor all effluent parameters at the following required frequencies. Effluent Parameter Flow, MGD Oil and Grease, mg/1 pH, s.u. Total Suspended Solids, mg11 Total Dissolved Solids, mg/1* Total Phosphorus (as P) mg/1** ** Measurement Frequency Sample Type Weekly Weekly Monthly Monthly Quarterly Monthly Applicable to waters of the Colorado River Basin Only. See I.D.8.a. Applicable to waters listed in I. D.8.b. Instantaneous Visual See I.E.9. In-situ Grab Grab Grab Self-monitoring samples taken in compliance with the monitoring requirements specified above shall be taken at the point of discharge prior to entering waters of the State. 4. 'Flow Measuring Device If not already a part of the permitted facility, within ninety (90) days after the effective date of the certification, a flow measuring device shall be installed to give representative values of effluent quantities at the respective discharge points. A flow measuring device will be applicable at all designated discharge points of process water. The flow may also be determined by using the pump capacity multiplied by the length of time the pump is operated, provided that the accuracy requirement (see below) is met. When the facility is not operating, and no discharge is occurring (e.g., if it is shut down for the winter), a flow measuring device is not required to be on site. • At the request of the Water Quality Control Division, or the Environmental Protection Agency, the permittee shall show proof of the accuracy of any flow -measuring device used in obtaining data submitted in the monitoring report. The flow -measuring device must indicate values within ten (10) percent of the actual flow being discharged. PART I Page 8 Permit No. COG -500000 C. EFFLUENT LIMITATIONS AND CONDITIONS - STORMWATER DISCHARGE (This section (I.C) applies to all facilities with a discharge of stormwater.) i .C,eneral Limitations a. Stormwater discharges from the industrial activity shall not cause or threaten to cause pollution, contamination or degradation of any State waters. There shall be no discharge of sanitary waste waters from toilets or related facilities. c. No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the permit issuing authority. In granting the use of such chemicals, additional limitations and monitoring requirements may be imposed. d. Bulk storage structures for petroleum products and other chemicals shall have adequate protection so as to prevent any reasonable loss of the material from entering discharged waters or waters of the State. e. All dischargers must comply with the lawful requirements of counties, drainage districts and other state or local agencies regarding any discharges of stormwater to storm dram systems or other water courses under their jurisdiction. 2. Stormwater Management Plan fSW'MPl A Stormwater Management Plan (SWMP) shall be developed for each facility covered by this section (Part I.C). The SWMP shall be prepared in accordance with good engineering practices. (The plan need not be completed by a registered engineer.) The plan shall identify potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stormwater discharges associated with the raining activity. In addition, the plan shad describe and ensure the implementation of best management practices (BMPs) which will be used to reduce the pollutants in stormwater discharges associated with mining activity. Mining operations must certify the completion of their SWMP and must implement the provisions of the SWMP required under this part as a condition of this permit. The Division reserves the right to request and review the pians, and to require additional measures to prevent and control pollution, as needed. The SWMP shall include the folloviing items, at a minimum` a. Site Map The plan shall provide a site map or maps which indicate at a minimum• Mining site boundaries Access and haul roads Stormwater outfalls and an outline of the drainage area of each stormwater outfall An estimate of the direction of flow Materials handling areas Each existing structural control measure to reduce pollutants in stormwater runoff Areas used for storage or disposal of overburden, materials, soils or wastes Areas used for mineral milling and processing Springs, sir{ams, wetlands and other surface waters Location of mine drainage or any other process water Boundary of tributary area that is subject to effluent limitations Date the map was prepared PART I Page 9 Permit No. COG -500000 b. Description of Potential Pollutant SourcesfMaterial Inventory The plan shall provide a description of all potential sources (activities and materials)which may reasonably be expected to add pollutants to stormwater discharges. Such sources may include haul roads, equipment storage and maintenance areas, fuel storage areas, etc. in each case where stormwater pollution potential exists, appropriate preventive measures must be taken and documented. c. Stormwater Quality Controls Each mining site covered by this permit shall develop a description of stormwater quality controls appropriate for that site, and implement such controls. The appropriateness and priorities of controls in the plan shall reflect identified potential sources of pollutants at the sae. The description of stormwater quality controls shall address the following minimum components, including a schedule for implementing such controls: I) SWMPAdrn.inistrator The SWMP shall identify a specific individual or individuals within the mining organization who is responsible for developing the SWIvfP and assisting the mine operator in its implementation, maintenance, and revision, ivlaterialsiIandling and Spill Prevention - Where materials can impact stormwater runoff, BMPs that reduce the potential for contamination shall be described. For example, materials should be stored and handled in covered areas whenever possible to prevent contact with stormwater; fuels and other chemicals should be stored within berms or secondary containment devices to prevent leaks and spills from entering stormwater runoff. 3) Erosion and Sediment Controls - Describe BMPs that will be used to reduce erosion and prevent sediment delivery to State waters, These should include structural (such as silt fences, sediment ponds, drop structures, check clams) and non-structural (such as mulching and revegetation) methods. 4) identification of Djscharges other than Stormwater - The stormwater conveyance system on the site shall be evaluated for the presence of discharges other than stormwater, such as mine drainage, spoil springs, sanitary waste, or process water of any kind. The SWMP shall include a description of the results of any evaluation for the presence of discharges other than stormwater, the method used, the date of the evaluation, and the on-site drainage points that were directly observed during the evaluation. A number of discharges other than stormwater may not require a CDPS Industria! Wastewater Discharge permit and are considered Allowable Non-Stormwater Discharges. Flows from fire fighting activities, landscaping irrigation return flow or springs (except spoil springs) that are combined with stormwater discharges associated with industrial activity must be identified in the SWMP. 3. Facility Inspections Qualified personnel identified by the operator shall make a comprehensive inspection of their stormwater management system, at least twice per year (in the spring and fall), except as provided in paragraphs d and e, below. These_ comprehensive inspections must be documented and summarized in the Annual Report (see Part I.D.4 of the permit). PART 1 Page 10 Permit No. COG -500000 a. Material handling areas. disturbed areas, areas used for material storage that are exposed to precipitation, and other potential sources of pollution identified in the SWMP in accordance with Part 1.C.2 of this permit shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. Structural stormwater management measures, sediment and control measures, and other structural pollution. prevention measures identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the plan, such as spill response equipment, shall be made. b. Based on the results of the inspection, the description of potential pollutant sources and pollution prevention measures identified in the plan shall be revised as appropriate within two weeks of such inspection. Such revisions shall provide for implementation of any changes to the plan in a timely manner, but in no case more than 60 days after the inspection. A report summarizing the scope of the inspection, personnel making the inspection, the date(s) of the inspection. major observations relating to the implementation of the SWMP, and actions taken in accordance with paragraph (b), above, shall be made and retained as part of the SWMP for at least three years. The report eh211 be signed in accordance with Part 1.D.9 of this permit. d. Where semi-annual site inspections are shown in the plan to be impractical for sites where an employee is not stationed or does not routinely visit the site, inspections as required in this pan shall be conducted at appropriate intervals specified in the plan, but never less than once in two years. e. Where semi-annual site inspections are shown in the plan to be impractical for inactive sites (sites where industrial activity is no longer conducted), site inspections required by this part shall be conducted at appropriate intervals specified in the plan, but, in no case less than once in three years. At lease one site inspection required under this part shall be conducted prior to October 1, 1999 or the date two years after such site becomes inactive, whichever is earlier. Additional S7Vl►LP' Requirements a. Signatory Requirements: A copy of the plan shall be signed in accordance with Parts I.C.6 and I.D.9, and retained on site. b. SWMP Review/Changes: Upon review of the SWMP. the Division may notify the perminee at any time that the plan does not meet one or more of the minimum requirements of this permit. After such notification, the permittee shall make changes to the plan and shall submit to the Division an update to the plan including the requested changes. Unless otherwise provided by the Division, the permittee shall have 30 days after such notification to both make the necessary changes to the plan and to implement them. The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the State, or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with industrial activity. Amendments to the plan may be reviewed by the Division in the same manner as described above. It is the permittee's responsibility to notify the Colorado Division of Minerals and Geology (formerly the Mined Land Reclamation Division) of any significant changes at their site resulting from the implementation of the SWMP. PART 1 Page 11 Permit No. COG -500000 5. SWMP Availability A copy of the SWMP shall be provided to the Division, the Colorado Division of Minerals and Geology (CDMG), and/or to EPA upon request, and within the time frame specified in the request. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b) of the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans available to members of the public upon request. However, the permittee may claim any portion of a siormwater pollution plan as confidential in accordance with 40 CFR Part 2. 6. SUMP Deadliness, Certification a. Certification of' SWMP Completion and implementation: The SWMP shall be prepared prior to applying for coverage under the general permit, and certification of the plan development submitted with the application. Also, the SWMP shall be implemented when the facility begins operations, or when the general permit. certification is issued, whichever is later, and updated as appropriate. _ b. SWMP Certification. Any person signing a certification on the completion of the SWMP shall include the following language: "I certify under penalty of law that a complete Stormwater Management Plan, in compliance with Parr LC of the permit, has been prepared and implemented for my facility. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my imowledge and belief, n-ue, accurate, and complete, and implemented as written. I am aware that there are significant penalties for falsely certifying the completion of said SWMP, including the possibility of fine and imprisonment for knowing violations." Prohibition of Non-storntwater Diseharge, a. Except as provided in paragraph b, bclov. , all discharges authorized by Part I.C. of the permit shall be composed entirely of storrn►+atet Discharges of material other than stormwater must be addressed in Part I.B. or in a separate CDPS permit issued or that discharge. b. Discharges from the following sources that are combined with stormwater discharges associated with mining may be authorized by this permit. provided that the non-stormwater component of the discharge is identified in the SWMP (see Part I.C.2.c.4 of the permit): fixe fighting activities, springs, or landscaping irrigation return flow. 8. Record keeping and internal Reporting Procedures The permittee shall identify procedures for record keeping and internal reporting. 9. Ernpl ove a Education The permittee shall develop and implement employee education programs to inform personnel at all levels of responsibility of the components and goals of the SWMP. Education should address topics such as spill response, good housekeeping and material management practices. The permittee shall identify periodic dates for such instruction. 000004 PART 1 Page 12 Permit No. COG -500000 D. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. Failure to submit the reports as required in either Part I.D.3 or I.D.4 shall constitute a violation of the permit and may constitute grounds for revocation of the permirtee's authority to discharge under the permit. Sampling - Stormwater • Sampling and testing of stormwater for specific parameters under Part I.0 is not required on a routine basis under this permit. However, the Division reserves the right to require sampling and testing beyond this, on a case-by-case basis, at any facility covered by this permit, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent. R rting of Data - Process Water Dischargers A signed copy of the report forms outlined in paragraphs a and b, below, shall be submitted to the following address: Colorado Department of Health Public Health and Environment WQCD PERMITS 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 All reports required for submittal shall be signed and certified for accuracy by the permittee. (See Pan I.D.9. of the permit.) a. Quarterly Report - Process Water For facilities allowed to discharge process water, reporting of the data gathered in compliance with Part 1.13.3.a shall be on a quarterly basis. Monitoring results obtained during the previous 3 months 'Khan be summarized and reported on Division approved Discharge Monitoring Report forms (DMRs), postmarked no later than the 28th day of the month following the completed calendar quarter. For example, for the 1st quarter (January, February, and March) the quarterly report must be received at this office postmarked no later than April 28. If no discharge occurs during the reporting period, "No Discharge" shall be reported. Reporting of Data - Storrnwater Dischargers a. Annual Report - SWMP The permittee will be required to submit an Annual Report. covering January 1 through December 31 of each year, on the overall compliance with the SWMP. The annual report will contain, at a minimum: 1) Name of permittee. address, phone number, and permit certification number. 2) A report on the facility's overall compliance with the SWMP. 3) A summary of each comprehensive stormwater facility inspection made, including date, findings, and action taken. PART I Page 13 Permit No. COG -500000 Results and interpretation of any stormwater monitoring performed_ 5) The report shall be signed and certified for accuracy by the perrnittee, including the certification language contained in Part 1.D.9.c. of the permit. The Annual Report will be due to the Division on or before February 15 of each year. The exact due date for the permittee's first annual report will be listed in their permit certification. The Division reserves the right to require additional information in the report, on a case-by-case basis, as needed. All reports required for submittal shall be signed and certified for accuracy by the permittee (see Part I.D.9). A signed copy of the above'report forms shall be submitted to the following address: Colorado Department of Public Health and Environment WQCD PERMITS 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 5. Test Procedures Test procedures for the analysis of pollutants shall conform to regulations published pursnnnt to Section 304 (h) of the Clean Water Act, and Colorado State Effluent Limitations Regulation 62, under which such procedures may be required. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the locations) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report Form or other forms as required by the Division. Such increased frequency shall also be indicated. 7. Reporting to Municipality Any permitted facility discharging to a municipal storm sewer shall provide the municipality with a copy of the permit application, upon request. A copy of the SWMP shall also be provided to the municipality upon request. $. Special Monitoring TDS monitoring is only required for facilities discharging in the Colorado River Basin. TDS may be measured as electrical conductivity where a satisfactory correlation with TDS has been established based upon a minimum of five (5) samples. See the individual Certification Rationale for a determination as to whether monitoring is required. b. Phosphorus monitoring is required only for facilities which discharge into the following drainage basins: Cherry Creek basin, Chatfield Reservoir downtstream of the USGS gage at Waterton and on Plum Creek, Dillon Reservoir basin (i.e., Ten Mile Creek, Snake River, Blue River, all tributaries to the Dillon Reservoir), and Bear Creek basin. See the individual Certification Rationale for a determination as to whether monitoring -is required. 0000c'48 PART I Page 14 Permit No. COG -500000 9. Signatqu Requirements a. All reports required for submittal shall be signed and certified for accuracy by the permittee in accordance with the following criteria: 1) In the case of corporations, by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; 2) In the case of a partnership, by a general partner; 3) In the case of a sole proprietorship, by the proprietor; 4) In the case of a municipal, state, or other public facility, by either a principal executive officer, ranking elected official, or other duly authorized employee. b. Changes to authorization. If an authorization under paragraph a) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph a) of this section must be submitted tp the Division, prior to or together with any reports, information, or applications to be signed by an authorized representative. c. Certification. Any person signing a document under paragraph a) of this section (except for the SWMP certification) shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." E. DEFINITIONS 1. A "continuous" measurement, for flow monitoring requirements, is a measurement obtained from an automatic recording device which continually measures flow. 2. A "grab" sample, for monitoring requirements, is a single 'dip and take" sample. An 'in-situ" measurement, for monitoring requirements, is defined as a single reading, observation or measurement taken in the field at the point of discharge. 4. An "instantaneous' measurement, for monitoring requirements, is a single reading, observation, or measurement performed on site. 5. When the measurement frequency indicated is quarterly, the samples shall be collected during March, June, September and December, if a continual discharge occurs. If the discharge is intermittent, then samples shall be collected during the period that discharge occurs. 6. Salinity is measured as Total Dissolved Solids (TDS). The seven (7) day average shall be determined by the arithmetic mean of all samples taken in a seven (7) day period. Samples may not be used for more than one (1) reporting period. 8. The thirty (30) day average shall be determined by the arithmetic areae of all samples collected during a thirty (30) consecutive -day period. Samples shall not be used for more than one (1) reporting period. PART I Page 15 Permit No. COG -500000 4.A "visual" observation, for oil and grease monitoring requirements, is observing the discharge to check for the presence of a visible sheen or floating oil. In the event an oil sheen or floating oil is observed, a grab sample shall be collected, analyzed, and reported on the appropriate DMR or annual report. In addition, corrective action shall be taken immediately to mitigate the discharge of oil and grease. A description of the corrective action taken should be included with the DMR or annual report. 10. "Water Quality Control Division" or "Division" means the State Water Quality Control Division as established in 25- 8-101 et al. F. GENERAL REQUIREMENTS - 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestrearn, body of water, or substance. Monitoring points shall not be changed without notification to and approval by the Division. 2. Analytical and Sampling Methods for Monitoring Analytical and sampling methods utilized by the discharger shall conform to Colorado Regulations for Effluent Limitations, Section 62.5, and to regulations published pursuant to Section 304(h) of the Clean Water Act. The analytical method selected for a parameter shall be the one that can measure the lowest detected limit for that parameter unless the permit limitation or stream standard for those parameters not limited, is within the testing range of another approved method. 3. Records The permittee shall establish and maintains records. Those records shall include the following; a. The date, type, exact location, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) the analyses were performers; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; f. The results of such analyses; and g. Any other observations which may result in an impact on the quality or quantity of the d▪ is• charge as indicated in 40 CFR 122.44 (i)(1)(iii). The permittee shall retain for a minimum of three (3) years records of all monitoring information, including all original strip chart recordings for continuous monitoring instrumentation, all calibration and maintenance records, copies of all reports required by this permit and records of all data used to complete the application for coverage under this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the Division or Regional Administrator of EPA. 00000 4J PART II A. MANAGEMENT REQUIREMENTS 1. Change in Discharge PART II Page 16 Permit No. COG -500000 The permittee shall inform the Division (Permits Unit) in writing of any intent to construct. install, or alter any process, facility, or activity that is likely to result in a new or altered discharge of process water, and shall furnish the Division such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge and receiving stream. The permittee shall submit this notice within two (2) weeks after making a determination to perforin the type of activity referred to in the preceding paragraph. Process modifications include, but are not limited to, the introduction of any new pollutant not previously identified in the permit, or any other modifications which may result in a discharge of a quantity or quality different from that which was evaluated in the drafting of the permit including subsequent amendments. Following such notice, the permittee shall be required to submit a new CDPS application, and may be required to be covered under an individual permit to specify and limit any pollutants not previously limited, if the new or altered discharge might be inconsistent with the conditions of the general permit. In no case shall the permittee implement such change without first notifying the Division. Specialrlotifications - Definitions Bypass: The intentional diversion of waste streams from any portion of a treatment facility. b. Severe Property Damage: Substantial physical damage to property at the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. It does not mean economic loss caused by delays in production. c. Spill: An unintentional release of solid or liquid material which may cause pollution of state waters. d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. 3. Noncompliance Notification a. If, for any reason. the permittee does not comply with or will be unable to comply with any discharge limitations or standards specified in this permit, the permittee chap, at a minimum, provide the Water Quality Control Division and EPA with the following information: I) A description of the discharge and cause of noncompliance; 2) The period of noncompliance, including exact dates and times andlor the anticipated tithe when the discharge will return to compliance; and 3) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge b. PART II Page 17 Permit No. COG -500000 The permittee shall report the following instances of noncompliance orally within twenty-four (24) hours from the time the permittee becomes aware of the noncompliance, and shall trail to the Division a written report within five (5) days after becoming aware of the noncompliance: 1) Any instance of noncompliance which may endanger health or the environment; 2) Any unanticipated bypass which exceeds effluent limitations; 3) Any upset which causes an exceedance of any effluent limitation in the permit; 4) Any spill which causes any effluent limitation to be violated; 5) Daily maximum violations for any toxic pollutants or hazardous substances limited by Part LB of this permit and specified as requiring 24 hour notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically identified as the method to control any toxic pollutant or ba7ardous substance. The permittee shall report all other instances of non-compliance not requiring 24-hour notification at the time Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub -paragraph a. of this section. 4, Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, the permittee shall promptly submit the relevant. application information which was not submitted or any additional information needed to correct any erroneous information previously submitted. Bv} The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but if and only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions noted in item b. below. Division notification is not required. Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass, unless: a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and c. The permittee submitted notices as required in "Bypass Notification", Part II.A.6. 6. Bvpass Notification If the permittee knows in advance of the need for a bypass, a notice Shall be submitted, at least ten days before the date of the bypass, to the Division and the Environmental Protection Agency (EPA). The bypass shall be subject to Division approval and limitations imposed by the Division and EPA. PART I1 Page 18 Permit No. COG -500000 7. Upsets a. Effect of an Upset An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of paragraph b of this section are met. (No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.) b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affi xauve defense of upset shall demonstrate through properly signed contemporaneous operating logs, or other relevant evidence that: 1) An upset occurred and that the permittee can identify the specific cause(s) of the upset; and 2) The permitted facility was at the time being properly operated and maintained; and 3) The permittee submitted notice of the upset as required in Part I1.A3. of this permit (24-hour notice); and 4) The permittee complied with any remedial measures required under Section 122.7(d) of the federal regulations; and 5) The permittee shall take all reasonable steps to niinimi7e or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 6) In addition to the demonstration required above, a permittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based on water quality standards shall also demonstrate through monitoring. modeling, or other methods that the relevant standards were achieved in the receiving water. Burden of Proof In any enforcement proceeding the penmrtee seeking to establish the occurrence of an upset has the burden of proof. Removed Substances Solids, sludges, or other pollutants rcrno.ed m the course of treatment or control of wastewaters cha11 be properly disposed of in a manner such as to pre%eni any pollutant from such materials from entering waters of the State, Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from any discharge. As necessary, accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. 10. Disc hargg Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. PART II Page 19 Permit No. COG -500000 11 Reduction, Loss, or Failure of Treatment Facility The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the permit. Upon reduction, loss, or failure of the treatment facility, the permittee shall. -to the extent necessary to maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an alternative method of treatment is provided. This provision for example, applies to power failures, unless an alternative power source sufficient to operate the wastewater control facilities is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of ibis permit. 12. Proper Operation and Maintenance The permittee shall at all tithes properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit. B. RESPONSIBILITIES Inspections and Right to Entry The per -mince shall allow access to the Director of the Division, the EPA Regional Administrator, and/or their authorized representative, upon the presentation of credentials. In the making of such inspections, investigations, and determinations, the Division, in so far as practicable, may designate as its authorized representatives any qualified personnel of the Department of Agriculture. The Division may also request assistance from any other state or local agency or institution. To eater upon the perminee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and c. To enter upon the permittee's premises to investigate, within reason, any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge andior process waters, the taking of photographs, interviewing permittee staff on alleged violations, and access to any and all facilities or areas within the perminee's premises that may have any effect on the discharge, permit, or alleged violation. Such entry is also authorized for the purpose of inspecting and coping records required to be kept concerning any effluent source. d. The Division shall split any sample taken with the permittee if requested to do so by the permittee. Duty to Provide information The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating coverage under this permit, or to determine compliance with this permit. The perm.inee shall also furnish to the Division, upon request, copies of records required to be kept by this permit. PART I1 Page 20 Permit No. COG -500000 3. Transfer of Ownership or Control Certification under this permit may be transferred to a new permittee if: a. The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date; and b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage and liability between then; and c. The Division does not notify the existing permittee and the proposed new permittee of its intent to modify, or revoke and reissue the permit; and d. The current permittee has met all fee requirements of the State Discharge Permit System Regulations, Section 6115. Availability of Reports Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Regulations for the State Discharge Permit System 61.5 (4), all reports prepared and submitted in accordance with the terms of this permit shall be available for public inspection at the offices of the State Water Quality Control Division and the Environmental Protection Agency. 5. Modification. Suspension, or Revocation of Permits By the Division All permit modification, termination or revocation and reissuance actions shall be subject to the requirements of the State Discharge Permit System Regulations, Sections 61.5 (2), 61.5 (3), 61.7 and 61.15, 5 C.C.R. 1002-61, except for minor modifications. Minor modifications may only correct typographical errors, require a change in the frequency of monitaring or reporting by the permittee, change an interim date in a schedule of compliance or allow for a change in ownership or operational control of a facility including addition, deactivation or relocation of discharge points where the Division determines that no other change in the permit is necessary. a. This permit, or certification under this permit, may be modified, suspended, or revoked in whole or in part during its term for reasons determined by the Division including but not limited to, the following: 1) Violation of any terms or conditions of the permit; 2) Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit; 3) Materially false or inaccurate statements or information in the application for the permit; 4) A determination that the permitted activity endangers human health or the classified or existing uses of State Waters and can only be regulated to acceptable levels by permit modifications or termination b. This permit, or certification under this permit, may be modified in whole or in part due to a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge, such as: 1) There are material and substantial alterations or additions to the percnined facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit; PART ll Page 21 Permit No. COG -500000 2) The Division has received new information which was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and which would have justified the application of different permit conditions at the time of issuance. For permits issued to new sources or new dischargers, this cause includes information derived from effluent testing required under Section 61.4 (7) of the Regulations for the State Discharge Permit System. This provision allows a modification of the permit to include conditions that are less stringent than the existing permit only to the extent allowed under Section 61.10 of the Regulations for the State Discharge Permit System; 3) The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause only as follows: (a) The permit condition requested to be Dandified was based on a promulgated effluent limitation guideline, EPA approved water quality standard, or an effluent limitation set forth in 5 CCR 1002- 62, § Regulation 62 et seq.; and (b) EPA has revised, withdrawn, or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based, or has approved a Commission action with respect to the water quality standard or effluent limitation on which the permit condition was based; and (c) The permittee requests modification after the notice of final action by which the EPA effluent limitation guideline, water quality standard, or effluent limitation is revised, withdrawn, or modified; or (d) For judicial decisions, a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation guidelines, if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the permittee in accordance with this Regulation, within ninety (90) days of judicial remand; 4) The Division determines that good cause exists to modify a permit condition because of events over which the permittee has no conn-ol and for which there is no reasonable available remedy; 5) The permittee has received a variance; 6) When required to incorporate applicable toxic effluent litnitarion or standards adopted pursuant to § 307(a) of the Federal act; 7) When required by the reopener conditions in the permit; 8) As necessary under 40 C.F.R. 403.8(e), to include a compliance schedule for the development of a pretreatment program; 9) When the level of discharge of any pollutant which is not limited in the permit exceeds the level which can be achieved by the technology-based treatment requirements appropriate to the permittee under Section 61.8 (2) of the Regulations for the Sarre Discharge Permit System; 10) To establish a pollutant notification level required in Section 61.8 (5) of the Regulations for the State Discharge Permit System; 11) To correct technical mistakes, such as errors in calculation, or mistaken interpretations of law made in determining permit conditions, to the extent allowed in Section 61.10 of the Regulations for the State Discharge Permit System, or; 0 0005 2 PART II Page 22 Permit No. COG -500000 12) When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge, to revise an existing land application plan, or to add a land application plan. 13) For any other cause provided in Section 61.10 of the Regulations for the State Discharge Permit System. c. This permit, or certification under this permit, may be modified in whole or in parr to include new effluent limitations and other appropriate conditions where data submitted pursuant to Part I.D indicates that such effluent limitations and conditions are necessary to ensure compliance with applicable water quality standards and protection of classified uses. d. At the request of the permittee, the Division may modify or terminate certification under this permit if the following conditions are met: 1) In the case of termination, the permittee notifies the Division of its intent to terminate the operation 90 days prior to the desired date of termination; 2) In the case of termination, the permittee has ceased any and all discharges to state waters and demonstrates to the Division there is no probability of further uncontrolled disrharge(s) which may affect waters of the State. Alternatively, the certification may be terminated if the site has been fully released from the reclamation board requirements by the Colorado Division of Minerals and Geology. 3) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modification, amendment or termination; and 4) Fee requirements of Section 61.15 of State Discharge Permit System Regulations have been met. e. Permit modification (except for minor modifications), termination or revocation and reissuance actions shall be subject to the requirements of Sections 61.5 (2), 61.5 (3), 61.6, 61.7 and 61.15 of the Regulations for the State Discharge Permit System. The Division shall act on a permit modification request, other than minor modifications requests, within 180 days of receipt thereof. Except for minor modifications, the terms of the existing permit govern and are enforceable until the newly issued permit is formally modified or revoked and reissued following public notice. f. Upon consent by the pernrinee, the Division may make minor permit modifications without following the requirements of Sections 61.5 (2), 61.5 (3), 61.7, and 61.15 of the Regulations for the State Discharge Permit System. Minor modifications to permits are limited to: 1) Correcting typographical errors; or 2) Increasing the frequency of monitoring or reporting by the permittee; or 3) Changing an interim date in a schedule of compliance, provided the new date of compliance is not more than 120 days after the date specific in the existing permit and does not interfere with attainment of the final compliance date requirement; or 4) Allowing for a transfer in ownership or operational control of a facility where the Division determines that no other change in the permit is necescaty, provided that a written agreement conraining a specific date for transfer of permit responsibility, coverage and liability between -the current and new perininees has been submitted to the Division; or 5) Changing the construction schedule for a discharger which is a new source, but no such change shall affect a discharger's obiigation to have all pollution control equipment installed and in operation prior to discharge; or PART II Page 23 Permit No. COG -500000 6) Deleting a point source ourfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except in accordance with permit limits; or g. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. h. The filing of a request by the permittee for a permit modification, revocation and reissuance or termination does not stay any permit condition. 6. Oil and Hazardous Substance Liabilitv • Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under Section 311 (Oil and Haaardous Substance liability) of the Clean Water Act. 7 State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 8. Permit Violations Failure to comply with any teres andor conditions of this permit shall be a violation of this permit. 9. Property Rights The issuance of this permit does not con. c. any property or water rights in either real or personal property, or stream flows, or any exclusive prii.iieges. nor does it authorize any injury to private property or any invasion of personal rights, nor any infrincemem of Federal, State or local laws or regulations. 10. Severability The provisions of this permit arc seirrable. If any provisions of this permit, or the application of any provision of this permit to any circumstance. is kid in%alid, the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. 11. Renewal Application If the permittee desires to continue to discharge, a permit renewal application shall be submitted at least one hundred eighty (180) days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this permit. the Di% ision should be promptly notified so that it can terminate the certification in accordance with Part II.B.5. 12. Confidentiality Any information relating to any secret process, method of manufacture or production, or sales or .marketing data which has been declared confidential by the permiaee, and which may be acquired, ascertained, or discovered, whether in any sampling investigation, emergency investigation, or otherwise, shall not be publicly disclosed by any member, officer, or employee of the Cormniesion or the Division, but shall be kept confidential. Any person seeking to invoke the protection of this Subsection shall bear the burden of proving its applicability.. This section shall never be interpreted as preventing full disclosure of effluent data. 0000053 PART 11 Page 24 Permit No. COG -500000 13. fees The permittee is required to submit payment of an annual fee as set forth in the Colorado Water Quality Control Act, Section 25-8-502, and. State Discharge Permit Regulations 5CCR 1002-61, Section 61.15 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et. seq., C.R.S. 1973 as amended. 14, Requiring an Individual CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if: a. The discharger is not in compliance with the conditions of this general permit; b. Conditions or standards have changed so that the discharge no longer qualifies for a general permit: or c. Data become available which indicate water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the applicability of the general permit to that owner or operator is automatically terminated upon the effective date of the individual CDPS permit. 15. Requesting an individual COPS Permit Any owner or operator covered by this general permit may request to be excluded from the coverage by applying for ars individual CDPS permit. 16. Requesting Coverage Under the General Permit The owner or operator of a facility excluded from coverage by this genera] permit solely because that facility already has an individual permit may request that the individual permit be revolted and that the facility be covered by this general permit. Such request shall be evaluated by the Division as per the criteria specified in Part I.A of this permit. RATIONALE SAI V AND GRAVEL PRODUCTION OPERATIONS (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) GENERAL PERMIT IN COLORADO COLORADO DISCHARGE PERMIT NUMBER COG -500000 THIRD RENEWAL • CONTENTS PAGE 1. UPDATE 1 11. STORMWATER PROGRAM 1 III. COVERAGE UNDER THIS PERMIT - 2 IV. CERTIFICATION 3 V. TERMS AND CO!VTTIONS OF PERMIT 3 VI. REPORTING REQUIREMENTS 6 VII. PUBLIC NOTICE CHANGES 7 1. UPDATE This is for the renewal of the general sand and gravel permit first issued on October 28, 1982. with reissuances on June 10, 1987 and August 31, 1992. The General Permit system for regulating sand and gravel production operations has worked well for the State of Colorado. Only minor language changes and changes in formas have been made. A. Reauth4, moon Pan I.A. 7 of the permit specifies that atuhorization to discharge under this general permit will expire on September 30, 2002. Any perminee desiring continued coverage must re -apply by March 31, 2002. !I. STORMWATER PROGRAM As required under the Clean Water Aa amendments of 1987, the Environmental Protection Agency (EPA) has established a framework for regulating municipal and industrial storrnwater discharges. Thu framework is under the National Panamint Discharge Elimination System (NPDES) program. The regulations (40 CFR 122.26) require specific types of industrial facilities which discharge storrmvater associated with industrial activity (industrial stormwater), to obtain coverage for this discharge under an NPDES permit, Facilities which discharge industrial srornrwater either directly to surface waters or indirectly, through municipal separate storm sewers, must be covered by a permit. The federal effluent guidelines that govern discharges from sand and gravel mining facilities (40 CFR 436) control most surface runoffrom mining facilities. However, there are some sources of srorrawarer from these sites which are not addressed, such as roads and railroad lines, pond outslopes, inactive loadouts, sues used for storage and maintenance of material handling equipment, etc. For sand and gravel operations, other mining and quarrying of nonmetallic minerals except fuels, and for asphalt and concrete batch plants located at such facilities, This general permit will cover both the process water discharges and stormwarer discharges. Process water discharges are addressed under Parr I.B of the permit; stormwater discharges are addressed under Pari LC of the permit.. 0000654 'OLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Waxer Quality Control Division ationale - Page 2. Permit No. COG -500000 11. This will eliminate the need for coverage under more than one permit for most such facilities. However, as discussed in Section V.A.2.a of the Rationale. some facilities may wish to apply for an individual permit instead, in order to take advantage of some federal effluent guidelines not included here. Additionally, as discussed in Section III.B of the Rationale, the Water Quality Control Division of rhe Colorado Department of Public Health and Environment (the "Division") retains the authorize to require any facility to be covered under an individual permit. COVERAGE UNDER THIS PERMIT A. Industrial Categories SIC Code 141 142 144 145 147 2951 The type of facilities covered by this permit includes all mining and quarrying of nonmetallic minerals, except fuels. This is the description of Standard Industrial Classification (SIC) Code 14. The permit includes these categories due to the addition of stormwarer provisions. Also, stvrmwarer from asphalt and concrete batch planus located at sand and gravel operations is included here, due to their similarity to the covered mines in pollution potential, and their function as an adjunct to the mine operations. (The definition of asphalt and concrete batch plants can include rhe use of recycled asphalt or concrete.) The categories include: Industry Type Dimension scone Crushed and broken stone Sand and gravel Clay, ceramic. and refractory minerals Chemical and fertilizer mineral mining Asphalt batch plants B. General vs. Individual Permit Coverage SIC Code 148 149 3273 Industry Tve Nonmetallic minerals services, except fuels (overburden removal, strip mining, etc.) Miscellaneous nonmetallic minerals. except fuels (asbestos, gems, fill dirt pits, graphite, gypsum, peat, pumice, talc, etc.) Concrete batch plants Any owner or operator authorized by this permit may request to be excluded from the coverage of this permit by applying for an individual CDPS permit. The owner or operator shall submit an individual application to the Division, with reasons supporting the request. Alternately, if, after evaluation of the application (or additional information, such as the SW71IP), it is found than this general permit is not applicable to the operation, then the application may be processed as one for an individual permit, or a more appropriate general permit. The applicant will be notified of the Division's decision to deny certification under this general permit. Exemptions for SmalliNunicipalitres The Intermodal Surface Transportation Efficiency Act of 1991 Section 1068(c) added an exerriprion to the stormwater regulations for municipalities with less than 100,000 population. The term `municipality" includes cities. towns, counties, special districts or any entity creaxed by or pursuant to State law. Stormwater discharges associated with industrial activity (except for airports, steam electric power planus, or uncontrolled sanitary landfills), that are owned or operated by a small municipality are not required to apply for or obtain a stormwarer permit at this rime. (Note: This ezemprion does not apply to other, privately owned industries within the same small nein cipaliry. ) These facilities are not permanently exempted from the regulation, but are instead placed in Phase II of the stormwater program. The Division and EPA are not pursuing permits for Phase 11 facilities, including small municipalities, until further rulemaking is completed. It is possible that coverage will be required at some future date. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ,ENVIRONMENT, Water Quality Control Division Rationale - Page 3. Permit No. COG -500000 TV. CERTIFICATION A. Permit Certifications This permit is made up of several parts, some of which do not apply to all permittees (Le., while most facilities will require coverage under the stormwater section I. C, mart, will not require coverage under -the process water section I.B). Therefore. the individual certification prepared for each applicant will indicate whether or not Parr LB of the permit must be followed by that applicant. In all cases (except as noted in Section 111.C, above), Pan 1. C must be followed. (In the absence of such indication from the Division, the permittee will be responsible for determining and then complying with the applicable sections in Pan I.) In addition, all permittees will be required to comply with Part 1, subparts A, D, E and F, and all of Part 11 of the permit. TERMS AND CONDITIONS OF PERMIT A. Prrcess Water Discharges 1. Numeric Limitations: Numeric limits will be applied for some of the industrial categories covered by this permit. These limits are from the EPA Federal Guidelines for the applicable point source category, as follows: a. Mineral mining and processing point source category - 40 CFR 436 - subpart B (crushed stone), C (construction sand and gravel), R (phosphate rock) - and all other industrial facilities covered under SIC Code 14, except those specifically listed in paragraph b below, and concrete and asphalt batch planus located at any facility otherwise covered by this general permit: Table V-1 — Effluent Limits Parameter Limit Rationale Flow, MGD TSS, mg/I pH, s.u. Oil and Grease, mg/1 Total Dissolved Solids, mg/7 Total Phosphorus (as P), mg/l Report 30/45 6.5-9.0 10 Report Report NA Stare Effluent Regulations Water Quality Standards State Effluent Regulations Salinity Regulations Various Phosphorus Regulations Mineral mining and processing point source category - 40 CFR 436 - subpart AL (graphite): The discharge of process wastewater from graphite mines is not covered by this permit. (See Section V.A.2.d of the Rationale.) b. Mineral mining and processing point source category - 40 CFR 436 - subpart D (industrial sand) (except for process -generated wastewater from facilities employing HF floatation): Table V-2 — Effluent Limits Parameter Limit Rationale Flow, MGD TSS, mg/1 pH, s.u. Oil and Grease, mg/l Total Dissolved Solids, mg/l Total Phosphorus (as P), mg/i Repon 25/45 6.5-9.0 10 Repan Reportea NA Best Practicable Technology. Water Quality Standards State Effluent Regulations Salinity Regulations Various Phosphorus Regulations a/ 12/ Cl 30 -Day Average/Daily Maximum 30 -Day Average/7-Day Average Minimum--Maxinruan d/ Daily Maximum See V.A.2.c. See V.A.2.b. 0000055 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Corurol Division Rationale - Page 4. Permit No. COG -500000 c. No process water discharge will be covered under this permit or authorized by certification for discharges with the mineral mining and processing point source category of 40 CFR 436 = subparts E (gypsum), F (asphaltic mineral), G (asbestos and wollastanite), J (barite), K (fluorspar), L (salines from brine lakes), M (borax), N (potash), 0 (sodium sulfate), V (bentonite), W (magnesite), X (diatomite), Y (jade), Z (novaculite), and AF (tripoli). 2. Discussion of Limitations: a. Exceptions to FederalCitrins: The 40 -CFR 436 includes -some effluent limitations which are not as strict as those listed here. For example, rhe phosphate rock TSS limit is less strict, and for many of the subcategories which state "no discharge of process wastewater," an exemption to that limit is provided during certain precipitation events and in conjunction with other conditions. However, this permit does not include these relaxed limits. This is a general permit, designed to cover the widest possible range of facilities with similar wastewater characteristics. In effectively achieving this broad coverage, the permit must also be relatively simple. Therefore, some of rhe more individualistic or complex permit limitations are not included in this permit.. The Division does not believe that there are a sufficiently large number of such facilities in Colorado to warrant including the exemptions in this general permit. If a permittee wishes to rake advantage of these exemptions, the permittee must apply for an individual permit. b. Salinity, or Total Dissohed Solids ('IDS) is an issue in the Colorado River Basin. Regulation 39, "Reguliuions for Implementation of the Colorado River Salinity Standards through the Colorado Discharge Permit Program," addresses rhe discharge of TDS to the Colorado River Basin. The regulation requires that the salinity of each discharge to the Colorado River Basin be evnhin:ed for impact on the system. TDS will be included in the monitoring for dischargers in the Colorado River Basin, however, limits will not be imposed. The Dt+isian does reserve the right to impose limits on permittees if the TDS levels are determined to be detrimental or endanger the beneficial uses of the waters. If MS monitoring is a requirement of the permit than at shall be included within the terms and conditions of the individual Certification Rationale of the permit. Additional monitoring for TDS shall be included on the Discharge Monitoring Reports (D.1fR) and shall be subject ro the permit's monitoring and reporting requirements. TDS sampling shall be on a quarier1 basis, taken as a grab sample. Where, based on a minimum of 5 samples, the permittee demonstrates to the satisfaction of the Water Quality Control Dittsion that rhe level of TDS in the effluent can be calculated based upon the level of electrical conductivity. the permittee may measure and report TDS in terms of electrical conductivity. c. Phosphorus: Due to the effects of nutrient loading in drinking water storage reservoirs, (algae blooms, taste and odor problems, oxygen depletion) various phosphorus regulations have been developed to track the loading in the affected basins. Therefore, total phosphorus (as P) monitoring is required for facilities which discharge into the following drainage basins: Cherry Creek basin, Chatfield Reservoir basin downstream of the USGS gage at Waterton and on Plum Creek, Dillon Reservoir basin (i.e. Ten Mile Creek, Snake River, Blue River, all tributaries to the Dillon Reservoir), and Bear Creek basin. The Division also reserves the right ro include phosphorus monitoring for any receiving waters that may later enter info phosphorus monitoring requirements, or for facilities that use phosphorus chemicals for treatment. If phosphorus monitoring is a requirement of the permit then it shall be included within rhe terms and conditions of the individual Certification Rationale of the permit. Additional nroniroring for phosphorus shall be included on the (DMR) and shall be subject to the permit's monitoring and reporting requirements. Phosphorus sampling shall be on a monthly basis, taken as a grab sample. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale - Page 5, Permit No. COG -500000 d. Graphite: In the case of graphite mining, the federal effluent guidelines (40 CFR 436.382) call for a limit for Total Iron. Since the Division has Water Quality Standards in many areas of the state which may be stricter than the federal limits, coverage of process water discharges from this type of facility rrucsr be under an individun1 permit. B. Stormwater Discharges 1. Storrnwater vs. Process water When stormwater mixes with process water, the process water limitations (Part I.B of the permit) apply to the discharge of that mixed water. The stormwater section (Part LC of the permit) u intended to cover those portions of a nonmetallic minerals production operation (except fuel) rhat are not already subject to effluent limitations under 40 CFR 436, and to cover stormwater runofffrom asphalt and concrete batch plants. 2. Stormwater Management P1anJ VmfP), The stormwater regulations primarily apply to areas not covered by 40 CFR Pan 436. They require permittees to develop and implement a Stormwater Management Plan (SWMP) to protect the quality of stormwarer leaving the site. The plan snail identify potential sources of pollution (including sediment) which may reasonably be expected to affect the quality of stormwarer discharges associated with mining activity. In addition, the plan shall describe the best management practices (BMPs) which will be used ro reduce the pollutants in stormwater discharges from rhe mining site. Some activities required under the SWMP may already be in place. However, the SWMP will require the permittee ro coordinate these activities with any necessary new activities in an orderly mariner, so that the result is the reduction or elimination of pollutants reaching stare waters from areas not limited by effluent limitations. Facilities must implement the provisions of the SWMP required under this part as a condition of this permit. It is the permirtee's responsibility to notify the Colorado Division of Minerals and Geology (formerly the Colorado Mined Land Reclamation Division) of any significant changes at their site resulting from the implementation of the SWMP. This is so thea the Division of Minerals and Geology may review the SWMP and incorporate any potential revisions into the facility's reclamation permit which might be needed. The SWMP shall include the following items, at a minimum: a. Site Map The pian shall provide a site map or maps which indicate at a minimum: Mining site boundaries - Access and haul roads Stormwater outfalls and an =line of the drainage area of each stormwarer outfall An estimate of the direction of flow Materials handling areas Each existing structural control measure to reduce pollutants in stormwarer runoff Areas used for storage or disposal of overburden, materials, soils or wastes Areas used for mineral mulling and processing, and asphalt and concrete production Springs, streams, wetlands and other surface waters Location of mine drainage or any other process water Boundary of tributary area that is subject to effluent limitations Date the map was prepared 0000056 COLORADO DEPARTMEIVT OF PUBLIC HEALTH AND ENVIRONMENT, 'Water Qualify Control Division Rationale - Page 6. Permit No. COG -50 b. Description of Potential Pollutant Sources/Material Inventory The plan shall provide a description of all potential sources (activities and materials) which may reasonably be expected to add poilzaants w stormwarer discharges. Such sources may include haul roads, equipment storage and maintenance areas, fuel storage areas, etc. In each case where stormwarer pollution potential exists, appropriate preventive measures must be taken and documented. c. Stormwater Quality Controls The description of stormwarer quality controls shall address the following minimum components, including a schedule for implementing such controls: 1) SWMP Administrator 2) Materials handling and spill prevention 3) Erosion and sediment controls 4) Identification of discharges other than stormwater. 3, Other Requirements a. Certification of SWMP Completion and Implementation: The SWMP shall be prepared prior to applying for coverage under the general permit, and certification of the plan development submitted with the application. Also, the SWMP shall be implemented when the facility begins operations, or when the general permit certification is issued, whichever is later, and updated as appropriate. b. Facility Inspections: The permittee will be required to make a thorough inspection of their stormwarer management system, at least twice per year (in the spring and fall). These inspections must be documented and summarized in the Amitril Report to the Division. (See Pan 1.D.4 of the permit.) c. Sampling: Sampling and testing of stormiwater for specific parameters is not required on a routine basis under this permit. However, the Division reserves the right to require sampling and resting beyond this, on a case-by-case basis, at any facility covered by this permit, in the event that there is reason to suspect that compliance with the SWMP is a problem, or to measure the effectiveness of the BMPs in removing pollutants in the effluent. d. Employee Education: The perrriinee shall develop and implement employee education programs to inform personnel at all levels of responsibility of the components and goals of the SWMP. VI REPCRTTNG REQUIREMENTS All reports required for submittal shall be signed and certified for accuracy by the permittee. (See Pan I.D.9 of the permit.) 1. Process Water Dischargers: Submittal of the DMR for process waters shall be required on a quarterly basis for those facilities covered under Part I.B of the permit. 1. 5torrtrwater Dischargers: As outlined under Part I.D.4 of the permit, an Annual Report must be submitted to the Division, covering January 1 through December 31, on the overall compliance with the SWMP _ The Annual Report will be due to the Division on or before Febniary 15 of each year. The exact due dare for the permitree's first Annual Report will be listed in their permit certification. Tom Boyce June 19, 1997 `, OLORADO DEPARTMENT OF PUBLIC HEALTH AND EN TRONME\T, Water Quality Control Division Rationale - Page 7. Permit No. COG-500000 VII PUBLIC NOTICE CHANGES The public notice period for comments on this permit was extended two weeks to accommodate EPA and Colorado Springs Utilities and allow them to submit comments after the initial closing dare. - EPA requested that language be added to the permit and rational discussing the coverage of inactive, abandoned, and insrream mines and mining activiry. Language for insrream dredging is covered in the permit (I.A.2), and furthermore, the stated situations would be determined in the application review process and handled accordingly prior to a certification being drafted. No changes were made ro the permit based on these comments. - Tom Boyce August 26, 1997 Several comments were received from Colorado Springs Utilities. regarding minor aspects of the enforceability of the permit, and the time frames used for various compliance issues. In general, the Division prefers to remain consistent with the language in our other stormwater general pernuts, unless some compelling reason is given for change. 'Therefore, no changes were made ro the permit based on these comments. - Kathryn Dolan August 26, 1997 0 00 PERMITTEE NAME/ADDRESS (Include FacilityNamelLocaBan rDf,�ermrt) NAME ADDRESS i `i ,, i`., FACILITY LOCATION • 1 !I • NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (WOES) DISCHARGE MONITORING REPORT (DMR) rPERMIT NUMBER FROM DISCHARGE NUMBER MONITORING PERIOD YEAR MO DAY TO YEAR MO DAY r Form Approved. OMB No. 2040-0004 I ..: I I ' tt i' I .. , r !. cr,li.i`ir' it 'iii n 1 iEI •;,I :1 t: C1 +i;''i i 'ff.—x<1 71._.x. NOTE Read Instructions before Completing tills form. PARAMETER>< QUANTITY OR LOADING QUANTITY OR CONCENTRATION IVO. EX FRd QUENGY OF 'LNALrsts SAMPLE TYPE AVERAGE MAXIMUM UNITS MINIMUM AVERAGE MAXIMUM UNITS 1 ' , ,.. i .. ' J , , .., I. ,. SAMPLE,I, MEASUREMENT .', A'r - '✓r i• ; ( 1 PERMIT REQUIREMENT Yeti• ;,-r..;Y - !• ',TNI 1'I lI 1 'a= ' :t ...r=. ,4 . 0 1 A t Y Y II 1 :311 ( N C E C .4../ ¢+ I N S t i ' r .... G . , i': 'A, ..1• '*' 4 t1, .Iw ti r•) . 1 t:,-...1 T Gf! 1: ,_. v A :,;r1,'REQUIREMENT SAMPLE MEASUREMENT ,, t44.1 I>,)tcA1L_ 1 . PERMIT ..% :* * ..;•:. ' r-fi's:.>tt ,.r .;.+..F:r,:ati 30 1I )DA :111 115 , r MY -1.11 IPV !!C/L _ . (JiTi.t j PIT,NT!-! �r l4'AN ! I, . r. t:., ,. A i • ••: ! ► 1 1) 0 , :I t ir' -; T G if O `i i 'V F I. I' • SAMPLE MEASUREMENT , (�4) f4r 'j WA 4 T PERMIT REQUIREMENT ..:,41":”::1'.1* •w�_g. ;.;;ret e•. . ., t:tI'-tIR1ti"" t"t "F#fit"t .:. 1 (ICET 1 +1 4 ` _ ± 11- r '' :: 1 , r-' 1 , 7 r. I. .` r ,.11 T :1 Ir. A T i1 E N 1' PLA fl' r.t,'rff 1 0 it •;`I.:IE''r'f r.ftCS`r .Il.LUt.REQUIREMENT SAMPLE MEASUREMENT l • ; 't . . .:i .• PERMIT REPOT!? . Lifi A AV: - ;''tIY.'ORT 1 D!ILY !1X Ii'I' -"+►';' *0*0 - **1* :*" 11r!..t:!: *:-tt,::'r il°I , '1f# : C t• �. e I , . r ,1 I. V 1. i • I ,". 1 !t r, ', ;I : , . :, it , , `' '/ F, I. I! SAMPLE MEASUREMENT f /KO 'yt (J� ' •••'W ( 1 ' ) PERMIT ` REQUIREMENT t!r:;:..yk;~”; :,::::,.-3.t a. • :t."'Nr:",:L`: OPTION/4.i... rt, ,•'C 1+ A Y G If PO R''i' it -'s T L �f t! Y " % ( (✓'if . • 1 RLL ,�sfA8 .. . T I. 1 "ti -' r -. ',SAMPLE i. r 1, t •.•. 1 0 0 11 c•:.I. r. t.t3:a.f : AI.f1. MEASUREMENT 'Aly -- ... PERMIT REQUIREMENT r.:::*XY-r1r 'EFPC':'r ' 1N.1T !'A1C v-1 NO=.) *=',r*3'c:,;e *;'a?t:It OA* ;:: 37.‘=: • ; r•;: r._. i', %E.' "e.YltSdfIy rte, SAMPLE MEASUREMENT PERMIT REQUIREMENT - 1 .. K4I TITLE PRINCIPAL EXECUTWE OFFICER I Certify wide, panaitY DI hew that tura document end ell attachments were prepared under my dream or supeovraron n accordance with a system designed/ h7 issWB that qualified personnel properly gather and evaluate the rntarmaIian submitted Based on my lnqulry al the person or persons who manage the system. I or arose I,.Hsons directly si61e lot Cheri the lnIorrnahr rhe inlormstran P gathering iubrrrfilBd Is , m the best Of fry knprsAedQa and t7d,ef, 1Na. aaxur.ir.,.. and cOrnplata. am aware that there are s"gri°f' parurftues far sr rtxninir g falser intomrauon. including the possibility of fine and Imprisonment for knowing violations. + J' . '�_ ti, , '� ' � TELEPHONE DATE t....• - el ) Ke't < , hr I t vit. ra rt }� tet.- 1' IY' r 144,1:.-3, ' 1 1 t .- V i 1 $ ,,{Its - Y � c� i. b �y✓ I f 'AY A r- SIGNATURE OF PRINCIPAL EXECUTIVE OFFICER OR AUTHORIZED AGENT TYPED OR P RINTED AFiFJt ,CODE NUMBER YEAR MO DAY COMMENTS AND EXPLANATION OF ANY VIOLATIONS (Reference all attachments here) . ... , i * ,, , .. I I.'+ . EPA Farm 3320-1 (REY 3/99) Previous editions may be used. THIS ISA 4 -PART FORM PAGE JEROME GAMBA & ASSOCIATES. INC. CONSULTING ENGINEERS & LAND 5JRVEYORS 113 9TH STREET SUI' <14 P 0 B0% 1459 GLENWOOD SPRINGS. COLORADO 81602.1458 PHONE {9741945.2550 FAX 1970m 9454410 STORMWATER MANAGEMENT P_AN FOR Western Slope Agc regates, Inc. Glen Harsh P.O. Box 910 Carbondale. CO 81623 (970) 963.2296 Prepared By Jerome Gamba & Associates, Inc, P.D. Box 1458 Glenwood Springs, CO 81602 (970) 945-2550 February 21, 2000 Robert W. Pennington, P.E. 29323 000005u G \998701,SWMP doc Western Slope Aggregates, Inc. February 21, 2000 INTRODUCTION In compliance with the provisions of the Colorado Water Quality Control Act and the Federal Water Pollution Control Act, this stormwater management plan is being prepared as part of a permit to discharge stormwater associated with operations engaged in mining and processing of sand, gravel and rock used as aggregate. The legal description of the effected site is as follows_ A parcel of land located in the County of Garfield, State of Colorado, lying in the NW1/4 of Section 12, Township 6 South, Range 92 West of the 69' Principle Meridian, No chemical additives are used during dewatering or washing of materials performed onsite as part of the normal operation of the business, POTENTIAL POLLUTION SOURCES The major source of pollution occurs as sediment or particulate loading during stormwater runoff. The gravel washing area recycles process water and uses two smaller ponds for this purpose. Overflows from these process ponds shall be directed to the main sedimentation pond being constructed for the groundwater dewatering operation. During the major storrn event (100 -Year) no significant runoff is generated from an offsite drainage basin due to the proximity of the Lower Cactus Valley Ditch and 1-70 improvements. Interception ditches will route the flows around the mining and process areas. Onsite runoff will collect in natural impoundments or be captured and conveyed through stormwater collection swales to the sedimentation pond site within the proposed mining area. Prior to discharge from the site, the flows will pass through a constructed sedimentation pond (118,000 gallons) removing any sediment and floating debris. Hydrologic calculations and reference materials are located within the Appendix that details the anticipated flows. PROPOSED ACTIVITIES The general plan of mining is to dewater, strip and stockpile the thin topsoil layer overlaying the gravel, remove the gravel and restore the banks of the mined out area with the stockpiled topsoil. Mining will commence immediately after the permit is received. It is anticipated that this will occur in March, 2000. Based on the estimated volume of material present, it is estimated that operations would end and final reclamation accomplished, to the point of reseeding, in late summer or early fall, 2010. As noted above, mining will be accomplished after dewatering since much of the gravel to be excavated occurs below the ground water table. Following drainage, it will be loaded and Page 2 of 4 JEROME GAMBA & ASSOCIATES, INC. 00 GO 0 c) U CONSULTING ENGINEERS & LAND SURVEYORS Western Slope Aggregates, inc. February 27, 2000 hauled to the process/stockpile area for processing. Mining activities will be started in the southeast corner of the mining area and will advance northwesterly toward the haul road entrance. The process/stockpile area will contain all production operations and the project office, All process equipment will be portable, IMPLEMENTATION Prior to the spring runoff this year and each year after that, the sedimentation pond and EnviroBerm® installations shall be cleaned of trapped sediment to provide adequate capacity in anticipation of a major storm event. Required cleaning and maintenance of the channels, culverts, EnviroBerm® installations and ponds shall be performed annually and on an "as - needed" basis following all other storm events. 0 30 C G.1 JEROME GAMBA & ASSOCIATES. INC. Page 3 of 4 CONSULTING ENGINEERS & LAND SURVEYORS G•199870\SWMP.dac APPENDIX 0000CCE2. JEROME GAMBA & ASSOCIATES. INC. CONSULTING ENGINEERS & LAND SURVEYORS r"a •1I • CRAP -1C SCA ort. , •jaoo� . rel - '1 4 • l —f fa 1 � _ a ,r1� .; 11 � \-Th - • " s'.: ?I'C41 . &PTA Re :— r"-------Ads'iC : ----- 1-- • 0 a r. ✓�1 4 n -moi"�V OrLE ,prCL- r i' 0 i• j WESTE'Riy R r Cr+ raj z Df NV AND w` , I I_ n ,YS." -, • 1 1 5600 I '1 I _. 11 � •_ _S9 LOCAT/CSN MAP 7iE-2 -2\72v —L — Western Slope Aggregates, Inc. PCS'. OrTLCE BON 9+0 CoddirkerDAil. CCL011x.5O 1767_ f97O} 963-22% JEROkIE GAJ BA ✓ ASSOCIATES, INC. ctutwi4 aoEEPe R WWI I UrElna Go 41321' V 56as .=_ •-�,, �svo, n rat 0 •. C ter, 5- -pr r 1 Rocca' 5"o0 AreAreo to be f' ne d Ir!S:ONO,t ar •iro --- -� ; k-o✓oseo ia77' ✓ -/ N. l & &vel Scor --borer co!?o L: or N.\ �a Arco Go-� +m a I1 /NCS a-: ✓�"i!'� viro5erm Ir'?5ta11ot+ot' 4)1 J., ; - putfat('No. 001fJ ). 1/11 Seiment6ti'ap,2- IGorte.1 i i / (see det.bH) -\ e0N0:0—.- J1Tp _rt,. -Gad' GRAPHIC SCALE IN FEET Mt. CET SITE PLAN Western SI ©p e Aggregates, Inc. 011-1:1 BOX $10 COEWG.DC C'L73 i 170) 1.13-21286 2 Pk • 0000064 R.Ne_j — X 3 1 • • iR • :9...-------° N / • X l \ , X / X / ▪ X / .... .4., /YF N dr \ .4. .J.;',.., / / .:4".zr• 4,...0"; • • / • / Zi.i.4"7 • / • / ,0 . • / if 4.-w• • e 0 If d % % / •••• :°".•, X / r X / X 1 .),.. ..." il SEDIMENTA TION POND Western Slope Aggregates, Inc. :"; woof: 1.05, VT.CE" ElOx V10 cA.Rec% DALL COLDRAOC 61523 (970) 9-2 JEWE CAIBA & ASSOCLATES. CCOOLTICI BCPEIEF13 1...V.0 SAMOS r bom it? Nol let it Flow Porous Sediment Control rrA® PGter• Pendmc Y Sediment control that minimizes ponding and maximizes vegetation and growth. Handles over 8% grades and extreme flow volumes and speeds effortlessly. Will not blow out! It's simple: Slow the water, Reduce the problem. It's fast and it's easy. Installers love it! - Flows are spread and slowed along the ditch channel, not gullied. Replaces strawbale and rock ditch checks. Conforms to uneven ground surfaces. Water velocity reducer / Energy dissipater * * Cost effective * Low maintenance * * Portable drainage and filtration control *- 4- Simple installation * Ideal for disturbed sites, channels, roads and slopes : Cascade 000Uc+Gb bistribution Ltd.00 T. 15620 - 121 A Avenue Edmonton, Alberta TSV 185 780-454-2400 Fax 780-451.0911 Tall Free: 800-565-6130 E-mail. ccsdisteplanet.ean.net Web Site: www.cascade.ab.ca HYDROLOGIC WORKSHEET Western Slope Aggregates, lrc Job No. 99870 02/22/2000 File HYDROI.WK3 AREA Hyrl Curve CN x Sub -Basin Square lee' Acres Sq Miles Lenyln Number Area ll t) (Ac) Upper Lower Hyd Etev F.lev Slope (F1) (Ft.) (%) Precipitation Ratio Return lo Period (in) 100 -Yr A 59 174,240.00 4.0 0.0063 69 276.0 72 1,814,769.00 37.1 0.0579 Total: 1.789, 009.00 41.1 0.0642 69 2,557 8 2833.6 Time off Concentration Tr~=Ti+TI Ti= 5.33 Hours r= 0,74 V= 2,8583 fps Tt= 0.17 Hours Tc= 5 50 Hours 'RAG= 3.30 Hours [Composite: 1,720.00 69 4 49 5475 _ 5460 0.87 G r99e7ai+rruanr d, 2 -Year 0 80 5 -Year 1 00 10 -Year 1.20 25 -Year 1.50 50 -Year 160 100 -Year 1.80 Precipitation Adjustment Factors: 0 44 0.56 0 67 0 83 0 89 1.00 Return Precip. Ralfo to Period Factor (in) 100 -Yr 2 -Year 100 0.80 0.31 5 -Year 1 16 1.16 0.45 10 -Year 1.24 1.49 0.58 25 -Year 1.33 2.00 0 78 50 -Year 1 39 2.22 0 86 100 -Year 1.43 2.57 1.00 HEC1 S/N: 0134300693 HMVersion: 6.33 Data File: hec.dat • • • FLOOD HYDROGRAPH PACKAGE {HEC -1) • 6 U.S. ARMY CORPS OF ENGINEERS • MAY 1991 • • HYDROLOGIC ENGINEERING CENTER • VERSION 4.0.1E • 609 SECOND STREET • • DAVIS, CALIFORNIA 95616 • RUN DATE 02/22/2000 TIME 08:07:30 • • (916) 756-1104 6 k • 6606■ •06 x x xxxxxxx xxxxx X x X x X X XX x x x X x xxxxxxx xxxx x xxxxx x X X x x x x x x x x x X x xxxxxxx xxxxx xxx Full Microcomputer Implementation by Haestad Methods. Inc. 37 Brookside Road • Waterbury. Connecticut 06700 • 1203) 755-1666 TffIS PROGRAM REPLACES ALL PREVIOUS VERSIONS OF HEC -1 KNOWN AS HEC1 )JAN 73), HEC1GS, HECIDB, AND HECIKW. THE DEFINITIONS OF VARIABLES -RTIMP- AND-RTIOR- HAVE CHANGED FROM THOSE USED WITH THE 1973 -STYLE INPUT STRUCTURE. THE DEFINITION OF -AMSKK- ON PM -CARD WAS CHANGED WITH REVISIONS DATED 28 SEP 81. THIS IS THE FORTRAN77 VERSION NEW OPTIONS: DAMBRF.AK OUTFLOW SUBMERGENCE , SINGLE EVENT DAMAGE CALCULATION. DSS:WRITE STAGE FREQUENCY. DSS:RF.AD TIME SERIES AT DESIRED CALCULATION INTERVAL LOSS RATE:GREEN AND AMPT INFILTRATION KINEMATIC WAVE: NEW FINITE DIFFERENCE ALGORITHM Page 1 of 5 G199870\HEC 1OUf doc February 22, 2000 SCHEMATIC DIAGRAM OF STREAM NETWORK INPUT LINE (V) ROUTING NO. (.) CONNECTOR 8 A (--->) DIVERSION OR PUMP FLOW (c---) RETURN OF DIVERTED OR PUMPED 'FLOW ••1 RUNOFF ALSO COMPUTED AT THIS LOCATION Page 3 of 5 t. February 22, 2000 HEC1 S/N: 0134300693 HMVersion: 6.33 Data File: hec.dat • • FLOOD HYDROGRAPH PACKAGE (HEC -1) • U.S. ARMY CORPS OF ENGINEERS • MAY 1991 • HYDROLOGIC ENGINEEP.ING CENTER • VERSION 4.0.1E " 609 SECOND STREET • • DAVIS, CALIFORNIA 95616 • RUN DATE 02/22/2000 TIME 08:07:30 * (916) 756-1104 • WESTERN SLOPE AGGREGATES, INC. EXISTING CONDITIONS, STORMWATER MASTER PLAN WORKSHEET JOB NO. 99870 (INITIAL RUN) 6 IO OUTPUT CONTROI, VARIABLES IPRNT 5 PRINT CONTROL IPLOT 0 PLOT CONTROL OSCAI, 0. HYDROGRAPH PLOT SCALE IT HYDROGRAPH TIME DATA NMN 5 MINUTES IN COMPUTATION INTERVAL /DATE 1 0 STARTING DATE ITIME 0000 STARTING TIME NQ 200 NUMBER OF HYDROGRAPH ORDINATES Q NDDATE 1 0 ENDING DATE NDTIME 1635 ENDING TIME t ICENT 19 CENTURY MARK COMPUTATION INTERVAL 0.08 HOURS 4 TOTAL TIME BASE 16.58 HOURS ENGLISH UNITS DRAINAGE AREA SQUARE MILES PRECIPITATION DEPTH INCHES LENGTH, ELEVATION FEET FLOW CUBIC FEET PER SECOND STORAGE VOLUME ACRE-FEET SURFACE AREA ACRES TEMPERATURE DEGREES FAHRENHEIT JP MULTIPLAN OPTION NPLAN 1 NUMBER OF PLANS JR Page 4 of 5 MULTI -RATIO OPTION RATIOS OF PRECIPITATION 0.58 0.78 1.00 February 22, 2000 OPERATION HYDROGRAPH AT PEAK FLOW AND STAGE (END-OF-PERIODI SUMMARY FOR MULTIPLE PLAN -RATIO ECONOMIC COMPUTATIONS FLOWS IN CUBIC FEET PER SECOND, AREA IN SQUARE MILES TIME TO PEAK IN HOURS RATIOS APPLIED TO PRECIPITATION STATION AREA PLAN RATIO 1 RATIO 2 RATIO 3 0.58 0.78 1.00 (10 -yr) (25 -yr) (100 -yr) A 0.06 1 FLOW 1. 2. 4. TIME 7.58 7.42 7.25 t " NORMAL END OF HEC -1 "+• Page 5 of 5 Stormwater Swale Worksheet for Triangular Channel Project Description Project File Worksheet Flow Element Method Solve For g:\998701wsa.frn2 Stormwater Swale Triangular Channel Mannings Formula Channel Depth Input Data Mannings Coefficient Channel Slope Left Side Slope Right Side Slope Discharge 0.022 0.008700 ft/ft 2.0 H V 2.0 H . V 4.00 cfs Results Depth Flow Area Wetted Perimeter Top Width Critical Depth Critical Slope Velocity Velocity Head Specific Energy Froude Number Flow is subcritical. 0.80 ft 1.26 ft2 3.56 ft 3.18 ft 0.76 ft 0.011314 ft/ft 3.16 Ws 0.16 ft 0.95 ft 0.88 .2122100 •8:36:46 AM 0 00 0 7t FlowMaster v5.15 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1686 Pape 1 of 1 Stormwater Swale, 100 YR Cross Section for Triangular Channel Project Description Project File Worksheet Flow Element Method Solve For g:\99870\wsa.fm2 Stormwater Swale Triangular Channel Manning's Formula _Channel Depth Section Data Mannings Coefficient Channel Slope Depth Left Side 'Slope Right Side Slope Discharge 0022 0.008700 ftift 0.80 ft 2.0. H:V 2.0 I- : V 4.00 cfs 2/22100 •8:58:56 AM V 0000073 H NTS FlowMaster v5 15 liaestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1686 Frage 1 of 1 United States In Cooperation with the Department of Colorado Agricultural Agriculture Experiment Station Soil Conservation Service Soil Survey of Rifle Area, Colorado Parts of Garfield and Mesa Counties 0000074 -7 De, 66 r+7 6 0 +1 0 o f' i s 34 SOIL SURVEY Mule deer. wild turkey, chukar, gray squirrel. cottontail rabbit, and some pheasant find habitat on these soils. The steep slopes limit community development. Struc- tures are needed to divert runoff to minimize gullying and erosion. This complex is in capability subclass Vle, nonirrigated. 59—Potts-Ildetonso complex, 25 to 45 percent slopes. These hilly to very steep soils are on alluvial fans and sides of valleys. Elevation ranges from 5,000 to 6,500 feet. The Potts soil formed in alluvium derived from sandstone, shale, or basalt. The Ildefonsc soil formed in very strongly calcareous, basaltic alluvium and small amounts of eolian material. 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 120 days. The Potts soil makes up about 60 percent of the map unit, and the Ildefonso soil makes up about 30 percent. The Potts soil is in slightly concave positions. and tate Ildefonsc soil is in the steeper, breaklike areas. The Potts soil is deep and well drained. Typically, the surface layer is brown loam about 4 inches thick. The subsoit is reddisn brown clay loam about 24 inches thick. The substratum is pinkish white loam tc a depth of 60 inches. Permeability of the Potts soil is moderate. and availa- ble water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium. and the ero- sion hazard is severe. The Ildefonsc soil is deep and well drained. Typically, the surface layer is brown stony loam about 8 inches thick. The underlying material is white, very strongly cal- careous very stony loam to a depth of 60 inches. Permeability of the i1defonso soil is moderately rapid, and available water capacity is low. Effective rooting depth is about 60 inches. Surface runoff is medium to rapid, and the erosion hazard is severe. Included with this soil in mapping are small areas of Morval and Lazear soils. The Morval soils are at the higher elevations. The Lazear soils are shallow and are on ridge crests and steep mountainsides. These areas make up 10 to 18 percent of the map unit. These soils are used mainly for limited grazing and wildlife habitat. The native vegetation an the Potts soil is mainly wheatgrass, needleandthread, and sagebrush. The native vegetation on the Ildefonsc soil is mainly pinyon and Utah juniper and an understory of Indian ricegrass, wheatgrass, bnegrass, serviceberry. bitterbrush, and sa- gebrush. When the understory vegetation deteriorates, grasses almost disappear and torbs and shrubs increase. Proper- ly managing grazing on the Potts soil maintains and improves the range condition. Properly managing the vegetation on the Ildefonso soil maintains wood produc- tion and ground cover. The value for grazing is low because of steep slopes and the tree canopy. Firewood, posts. and Christmas trees can be harvested from the more gently sloping areas. The Ildefonsc soil is suited to production of pinyon and Utah juniper. It can produce 9 cords of wood per acre when trees more than 4.5 feet tall reach an average diameter (at one foots of 5 inches. The low available water capacity affects survival of tree seedlings. Steep slopes and the severe erosion affect harvesting. Mule deer, wild turkey. chukar, gray squirrel, cottontail rabbit, and some pheasant find habitat on these soils. Community development is limited by very steep slopes. This complex is in capability subclass Vile, nonirrigat- ed. 60—Rhone loam. 5 to 30 percent slopes. This deep, well drained. gentry sloprnc to steep soil is on mountain- siaes and ridges. Elevation ranges from 7.600 to 5.600 feet. Trus soil formed in residuum from sandstone ano maristone. The average annual precipitation is about 20 incnes, the average annual air temperature is about 40 degrees F, and the average frost -free period is less than 75 days. Typically, the upper part of the surface layer is brown loam about 8 incnes thick. and the lower par is brown sandy clay loam about 20 inches thick. The underlying material is brown extremely channery sandy clay loam about 24 inches thick. Sandstone is at a depth of 52 inches. Included with this s0i! in mapping are small areas of Parachute and Northwater soils. The moderately deep Parachute soils are on smooth ridge crests and west- and south -facing side slopes, The Northwater soils are on north -facing side slopes. These areas make up about 10 to 15 percent of the map unit. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 40 to 60 inches. Surface runoff is slow, and the erosion hazard is slight. This soil is used mainly for wildlife habitat and limited grazing. The native vegetation is mainly brome, needlegrass. and sagebrush. There are small areas of dwarfed aspen, but they are of little or no commercial value. When range condition deteriorates, fords, shrubs, and Kentucky bluegrass increase. Properly managing grazing maintains and improves range condition. Seeding and removing brush improve range on Tess sloping areas if it is in poor condition. Intermediate wheatgrass, slender wheatgrass, and mountain or smooth brome are suitable for seeding. Preparing the seedbed and drilling the seed are good practices, Elk, mule deer, coyote, grouse, and rabbit find habitat on this soil. Use of this soil for community development or as a source of construction material is limited by steep slopes. 00000 • RIFLE AREA, COLORADO 39 and big bluegrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Cottontail rabbit, mourning dove, wild turkey, and mule deer find habitat on this soil. Community development and recreation are limited by steep slopes, low strength, and clayey texture. This soil is in capability subclass Vle, nonirrigated. 71—Villa Grove-Zoltay foams, 15 to 30 percent scopes. These moderately steep to hilly soils are on mountainsides and alluvial fans. Elevation ranges from 7,500 to 7,600 feet. The Villa Grove soil formed in mixed alluvium, and the Zoltay soil formed in basaltic alluvium. The average annual precipitation is about 16 inches, the average annual air temperature is about 43 degrees F, and the average frost -free period is about 100 days. The Villa Grove soil makes up about 50 percent of the map unit, and the Zoltay soil makes up about 40 per- cent. The Villa Grove soil is in the steeper areas, and the Zoltay soil is in the less sloping areas. The Villa Grove soil is deep and well drained. Typical- ly, the surface layer is dark grayish brown loam about 4 inches thick. The upper part of the subsoil is brown clay loam about 11 inches thick, and the lower part is brown loam about 33 inches thick. The substratum is pale brown loam to a depth of 60 inches. Permeaoility of the Villa Grove soil is moderately slow, and available water capacity is rngn. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is slight. The Zoltay soli is deep anc well drained. Typically, the surface layer is dark grayisn Drown loam about 19 incnes thick. The subsoil is brown room? clay or cobbly clay loam about 35 inches thick. The substratum is pinkish gray cobbly clay to a depth of 60 inches. Permeability of the Zoltay Soli is slow. and availaple water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is medium, and the ero- sion hazard is moderate. Included with these soils on mapping are small areas of Vale, Potts, and Morval soils. The Vale and Potts soils are on small, isolated remnants of mesas. The Morval soils are on small undulations that have slopes of 3 to 12 percent. These areas make up 10 Percent pf the map unit. These soils are used mainly for grazing, wildlife habi- tat, and some irrigated pasture. The native vegetation on these soils is mainly Gambel oak, serviceberry, snowberry, and elk sedge. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, Kentucky bluegrass, undesirable weeds, and annual plants are nu- merous. Properly managing grazing maintains and im- proves range condition. Controlling brush and seeding improve forage production in the less sloping areas. Pu- bescent wheatgrass, western wheatgrass, and big blue- grass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Many deer and some cottontail rabbit, squirrel, and grouse find habitat on this soil. Community development and recreation are limited by moderately steep slopes, shrink -swell potential, and low strength. This complex is in capability subclass Vle, nonirrigated. 72—Vann sandy loam, 1 to 3 percent slopes. This deep, somewhat poorly drained, nearly level to gently sloping, low-lying soil is on terraces and bottom land in valleys. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived primarily from sandstone and shale. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the upper part of the surface layer is dark grayish brown sandy loam about 8 incnes thick, and the lower part is dark grayish brown fine sandy loam about 4 inches thick. The upper part of the underlying material is mottled, light brownish gray fine sandy loam and sandy loam about 24 incnes thick. and the lower part is mottled light brownisn gray coarse sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Kim and Arvada sods and Torrifluvents. These soils nave slopes of 1 tc 3 percent. These areas make up 5 tc 18 percent of the map unit. Permeability is moderately rapid. ane available water capacity is high. Effective rooting depth varies with the level of the water table out is usually about 2 feet. Surface runoff is slew. and the erosion hazard is moder- ate. Depth to the water tame ranges from 2 to 3 feet. The leve: of the water table vanes with the amount of irrigation water applies :c this soli anc surrounding soils. Water ponds ir spring. This soli is occasionally floodec for brief periods between April and Jury. This soil is used mainly for grazing, grass or legume hay, and pasture. Tile drains and improve° water management increase the potential for craps. This soil is usually irrigated ay furrows or flooding. Sprinklers are also well suited, The native vegetation on this soil is mainly alkali sada- ton, saltgrass, wheatgrass, seines, and rabbitbrush. When range condition deteriorates. shrubs and salt - grass increase. When the range is in poor condition. undesirable weeds anc annual plants are abuncant. Properly managing grazing maintains and improves range condition. Alkali sacaton and western wheatgrass are suitable for seeding. Preparing a seedbed and drilling the seed are good practices. Controlling brush improves range that is producing more woody shrubs than is nor- mally found in the potential plant community, but care should be taken to leave stands of fourwing saltbush. 000067 15--${1TL AND NATER FEATURES—Continued 0 0 0 I [Concrete s s 3 3 O • 0 0 0 0 0 - —1 .s V 103 v R I Hardness .0 0. 4 1, 0 C .0 CS a .0 m 0 C C u.1 . `c aG A A 1L 1 1 1 as F A 1 10 A A 1 L 1 1 1 ar r r r si 0 r 1 1 A I I d 4' d JJ .3 O R R CO L L L a 3, v 0 • r O 0 0 C 1: 1 G 0. s c O M la1 - 4 0. t C r1 F b ¢ G L 01 0 0 33 0" 4✓ 3- 0 W N 0 43 .0 E E rb a•. C It C. O E C7 L01 '0 .0 A • A A A 1 1 3 1 1 A %- C C 3 m '0 .c KT C n 3- n • V d Q1 O 0 0 O 0 0 L Z Z Occasional n 0 m c R von 40 a F Camborthids. Rock outcrop. 0f)0(. r Rock outcrop. C 3- .0 -E 333 .a T. R .-1 0 O 30 • N ti SOL. SURVEY 1 RIFLE AREA, COLORADO ND WATER FEATURES --Continued 1 0 L d d yl ;Concrete 47 4) ., re m L L 6r • 6+ 3 3 0 3 c 0 0 0 0 Y..wl T ..7 4 i 4 1 •0 1 1 1 1 Cl d .+ 1 i 1 1 .• •.I CO 1 1 4 1 CO IG 4, 4i 1 1 L O +1 A .0 .0 .0 4) O Ih GO 40 CO CO V C 0 - S 2 1 I r 1 cc r, t 0 w 4) .3, 41 .+ u • O m W d L + L L O [G 7 3 V O 0 0 = u i n 07 Cu C 19 3 3 3 3 O O 0 0 - -S .-7 ..7 Moderate 3 0 Moderate --- s CC c c 0 H Duration C Moderate -- Moderate - 1 1 1 I 1 Moderate ;Low. 3 0 J Moderate 3 3 O J Moderate 4) 4) m ..1 -4 y co In at 4 1. 1. 4) 41 d ✓ V 3 F 0 V 3 3 O O 0 0 0 0 0 0 Y X S u X X S - ..J Moderate. Moderate. 3 3 0 0 s .0 .0 !g1 00 40 T Moderate w ..1 O L 4+ V 4 S Y 4r a 4. em -1 .+ 1 I 1 1 A .0 .0 - i 1 A 1 I I 1 /0 l9 CO 1 1 e6 1 1 '0 1 C a a 4 1 0. L 0. C C G 2 CC C S C J' c _ C 0 C 0 0 0 0 0 C rC 0 - ▪ = .0 C 0 �C^ .0 .0 .0 .0 .D •O' .0 .0 .0 1 1 1 i .fl '0 V 1 A n n n n n A n C +1 0 0 0 n n n 0 >? AJ R a a 0 0 0 0 .o .0 . .. n .. 7.1 • 0 C 0 0 0 0. Q 0 C .0 •c .€1 .0 " A .+. a .. .. n n n • /. n 4l 4l Co d 4l d 41 a a d 4/ G 41 N B1 4r W O 0 c L 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 z i x z 2 x z x S 2 2 = 2 Z 2 Z 2 U 0 m C7 m CO. 00 0 0 00 CO m CO 00 CO 00 MI L L 4) 0 ^a 0 - ri C to m L L J S ills a � a .•i 41 w L. F H amt w L Cx mx 2 a ▪ r 111 d .Ci YT 0 41 41 3 7 .0 .0 V O L R W 0 L 1- 0 m Ir is s N o_ 0.1.4. a LP. If. 0 0 `•1 .O If. 11 04 f� .5 .O 0 ad Ildefonso •3 G O 's 0 z 0 Torriorthents. See footnote at end of table. 14; RECEIVED JAN 0 2 2001 SECOND SUPPLEMENT APPLICATION FOR SPECIAL USE PERMIT PE PERSON GRAVEL PIT GARFIELD COUNTY WES'I ERN SLOPE AGGREGATES, INC. Post Office Box 910 Carbondale, Colorado 81623 January 2, 2001 SECOND SUPPLEMENT TABLE OF CONTENTS Section 1 Division of Wildlife Report Page 1 Section 11 Independent Wildlife Report Page 4 Section 111 Noise Report Page 111 Section IV Dust Report Page 126 Section V Spill Prevention, Control And Countermeasure Plan Page 141 Section VI Reclamation Irrigation Plan Page 207 SECTION I DIVISION OF WILDLIFE REPORT 0 0 0 Ci I STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPOR1UNITY13-IPUDYBZ Russel George, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 287-1182 December 14, 20000 Carl B. Mount Senior Environmental Protection Specialist Western Slope Aggregates, Inc. P.D. Box 910 Carbondale, CO 81623 RE: Western Slope Aggregates, Inc., Peterson Gravel Pit, File No. M-2000-029 Dear Carl, For Wildlife - For People Concerning your application on the Peterson Gravel Pit I revisited the site with our Habitat Biologist ( John Toolen) so he could also observe the site and assess possible impacts. My wildlife statement and evaluation has not changed considerably from the statement I prepared back in 1981. My concerns are still primarily with endangered or critical species, mainly Bald Eagles which the Colorado River corridor is used quite extensively as a wintering area. The riparian area along the river where this development will take place is extremely important wildlife habitat. The critical habitat in this area is the riparian zone or river corridor as mentioned above, the vegetative communities impacted is primarily agricultural lands containing grass species. After reviewing the plan and no trees are to be disturbed along the southern boundary of the proposed pit, thus, not impacting resting and hunting perches for eagles negligible impact on the vegetative community would be anticipated. Weeds, however are a concern once the ground is disturbed during mining operations. Due to the location of the proposed pit and the reclamation plan, my assessment is no major impact to wildlife is anticipated and after completion of operations wildlife habitat in the area could potentially be enhanced if reclamation is done properly. I would like to suggest some strategies to minimize impacts to the several wildlife species using this area during operations and post operation or completion. 1) An undisturbed buffer zone separating the pit operation and the river, a distance of a couple hundred feet or north of the existing livestock fence. 2) The pit bottom and shoreline should be irregular to create edge effect and to enhance aquatic life forms. Peninsulas are desirable with the same slope as the sides of the pit. DEPARTMENT OF NATURAL RESOURCES, Greg E. Walcher, E eect Director VNIILDUFE COMMISSION, Bernard L Elack, Jr., Chairman • Fick Enstrom.Vice-Chairman • Ph p James, Secretary (,r% f 2 r. 3) In the reclamation plan an island of 'A acre is to be constructed in the pit which is supported and I would request a 3 to 1 slope on the island... 4) The recommendation of 5 to 1 slopes on a portion of the south shore line has been addressed in the reclamation plan to encourage emergent vegetation and create a swallow area for waterfowl I would request over 200 feet in a 24.5 surface acre pond. 5) Cottonwood seedlings planted in the buffer zone area should be protected from cattle and deer to insure they get established. 6) Re -vegetation of disturbed areas is also addressed in the reclamation plan and I would suggest furthering that reclamation to include some aquatic vegetation for the pond after pit completion. 7) The reclamation plan does not address weed control, I would suggest a noxious weed control plan for the pit during operation and after completion.. The Colorado Division of Wildlife appreciates the opportunity to work with the landowner and pit operator on this mining operation as well as the opportunity to comment on this important land use issue and its impact to wildlife. Ifyou have any questions please feel free to contact me. Sincere erry W. District ildlife Manager Colorado Division of Wildlife (970)876-2120 cc:Yamashita, Toolen SECTION II INDEPENDENT WILDLIFE REPORT BEATTIE NATURAL RESOURCES CONSULTING, INC. re6-r. •14w4 Wildlife management Deer and elk management Environmental site assessments Natural resource inventories Development impacts on wildlife Forestry Water rights investigations Governmental liaison Environmental permit applications Trout stream management Pond weed control Pond fish management Pond aeration systems Automatic fish feeders Revegetation wildlife mitigation Biological assessments. Wildlife n.sting and feeding structures Wetlands Wildlife food plots Kirk H. Beattie, Ph.D. 1546 E. 12t' Street Rifle, CO 81650 E -Mail: beattie@imagellne.com 12 Office: 970-625-0599 Fax: 970-625-0600 Horne: 970-625-0598 Cellular: 970-379-1451 November 6, 2000 Mr. Glenn Harsh, General Counsel Western Slope Aggregates, Inc. P. 0. Box 910 Carbondale, CO 81623 Via U. S. Postal Service Priority Mail Re: Peterson Gravel Pit Wildlife Report Dear Glenn: Enclosed please find one (1) copy of a Wildlife Report for the Proposed Peterson Gravel Pit. As promised, I am providing you with the report prior to my vacation departure on November 8. Please contact me after December 16 should you have recommended additions to or deletions from my report. Under separate cover 1 have mailed you an invoice for professional services rendered on behalf of WSA. Sincerely, BEATTIE NATURAL RESOURCES CONSULTING, INC. By: Kirk H. Beattie, Ph.D. KHB/kb Encl: Wildlife report BEiITTIE NATURAL RESOURCES CONSULTING, INC. Kirk H. Beattie, Ph.D. 1546 E. 121h Street Rifle, CO 81650 e-mail: Beattie@imageline.cOm Office: 970-625-0599 Fax: 970-625-0600 Home: 970-625-0598 Cellular: 970-379-1451 WILDLIFE REPORT FOR THE PROPOSED PETERSON GRAVEL PIT Prepared for Western Slope Aggregates P.O. Box 910 Carbondale, CO 81623 Prepared by Kirk H. Beattie, Ph.D. Beattie Natural Resources Consulting, Inc, 1546 E. 12th Street Rifle, CO 81650 December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page i TABLE OF CONTENTS Page 1 Introduction 1 Description of Area and Historical Use 2 Description of Mining Operation 3 Wildlife Field Survey 3 Wildlife Information From NDIS 4 Amphibians 7 Reptiles 8 Mammals 12 Birds 15 Threatened and Endangered Species 15 Reclamation 18 Wildlife Impact Finding of Perry Will 18 Impact of the Peterson Gravel Pit on Wildlife 24 Conclusions 25 Literature Cited 28 Tables F1 Figures Beattie Natural Resources Consulting, Inc, n December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page ii LIST OF TABLES Page 28 Table 1. Species of amphibians for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided. 29 Table 2. Species of reptiles for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided. 30 Table 3. Species of mammals for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided. 32 Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided. 37 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern. 40 Table F. Federal threatened and endangered species reported for Colorado. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page iii LIST OF FIGURES Page Fi Figure 1. Vicinity map for the proposed Peterson Gravel Pit. F2 Figure 2. Site plan for the proposed Peterson Gravel Pit. F3 Figure 3. Reclamation plan map for the proposed Peterson Gravel Pit. F4 Figure 4. Wildlife impact finding of CDOW District Wildlife Manager Perry Will in 1981 regarding a gravel mining operation proposed by Corn Construction on the site for which Western Slope Aggregates has applied for a special use permit for a gravel and sand mining facility and concrete batch operation. F5 Figure 5. System for Conservation Planning (SCOP) mapped suitable habitat for the canyon treefrog and the New Mexico spadefoot on the proposed Peterson Gravel Pit site. F6 Figure 6. System for Conservation Planning (SCoP) mapped suitable habitat for the northern leopard frog and the Great Basin spadefoot on the proposed Peterson Gravel Pit site. F7 Figure 7. System for Conservation Planning (SCOP) mapped suitable habitat for the red -spotted toad on the proposed Peterson Gravel Pit site. F8 Figure 8. System for Conservation Planning (SCoP) mapped suitable habitat for the black -necked garter snake, common kingsnake, and desert spiny lizard on the proposed Peterson Gravel Pit site. F9 Figure 9. System for Conservation Planning (SCoP) mapped suitable habitat for the Eastern fence lizard and short -horned lizard on the proposed Peterson Gravel Pit site. F10 Figure 10. System for Conservation Planning (SCOP) mapped suitable habitat for the Eastern fence lizard and short -horned lizard on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page iv LIST OF FIGURES Page F11 Figure 11. System for Conservation Planning (SCOP) mapped suitable habitat for the many -lined skink and midget faded rattlesnake on the proposed Peterson Gravel Pit site. F12 Figure 12. System for Conservation Planning (SCOP) mapped elk overall activity area on the proposed Peterson Gravel Pit site. F13 Figure 13. System for Conservation Planning (SCOP) mapped elk winter activity area on the proposed Peterson Gravel Pit site. F14 Figure 14. System for Conservation Planning (SCOP) mapped suitable habitat for the black bear on the proposed Peterson Gravel Pit site. F15 Figure 15. System for Conservation Planning (SCOP) mapped suitable habitat for Botta's pocket gopher on the proposed Peterson Gravel Pit site. F16 Figure 16. System for Conservation Planning (SCoP) mapped suitable habitat for the desert shrew on the proposed Peterson Gravel Pit site. F17 Figure 17. System for Conservation Planning (SCOP) mapped suitable habitat for the dwarf shrew on the proposed Peterson Gravel Pit site. F18 Figure 18. System for Conservation Planning (SCOP) mapped suitable habitat for the least chipmunk on the proposed Peterson Gravel Pit site. F19 Figure 19. System for Conservation Planning (SCOP) mapped suitable habitat for mule deer on the proposed Peterson Gravel Pit site. F20 Figure 20. System for Conservation Planning (SCOP) mapped overall range for mule deer on the proposed Peterson Gravel Pit site. F21 Figure 21. System for Conservation Planning (SCOP) mapped winter range for mule deer on the proposed Peterson Gravel Pit site. F22 Figure 22. System for Conservation Planning (SCoP) mapped activity areas for mule deer on the proposed Peterson Gravel Pit site. F23 Figure 23. System for Conservation Planning (SCOP) mapped suitable habitat for the spotted bat, Townsend's big -eared bat, and Yuma myotis on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 30000iu Wildlife Report for the proposed Peterson Gravel Pit Pager LIST OF FIGURES Page F24 Figure 24. System for Conservation Planning (SCoP) mapped suitable habitat for the meadow vole, Merriam's shrew, and Mexican vole on the proposed Peterson Gravel Pit site. F25 Figure 25. System for Conservation Planning (SCoP) mapped suitable habitat for the peregrine falcon on the proposed Peterson Gravel Pit site. F26 Figure 26. System for Conservation Planning (SCOP) mapped suitable habitat for the bald eagle on the proposed Peterson Gravel Pit site. F27 Figure 27. System for Conservation Planning (SCoP) mapped suitable habitat for the grasshopper sparrow on the proposed Peterson Gravel Pit site. F28 Figure 28. System for Conservation Planning (SCoP) mapped suitable habitat for the great blue heron on the proposed Peterson Gravel Pit site. F29 Figure 29. System for Conservation Planning (SCoP) mapped suitable habitat for the bobolink on the proposed Peterson Gravel Pit site. F30 Figure 30. System for Conservation Planning (SCoP) mapped suitable habitat for the black -throated sparrow and ferruginous hawk on the proposed Peterson Gravel Pit site. F31 Figure 31. System for Conservation Planning (SCoP) mapped suitable habitat for the greater and lesser sandhill crane on the proposed Peterson Gravel Pit site. F32 Figure 32. System for Conservation Planning (SCoP) mapped suitable habitat for Lewis' woodpecker, northern harrier, rink -necked pheasant, Swainson's hawk, and Western burrowing owl on the proposed Peterson Gravel Pit site. F33 Figure 33. System for Conservation Planning (SCoP) mapped suitable habitat for the southwestern willow flycatcher and Merriam's wild turkey on the proposed Peterson Gravel Pit site. F34 Figure 34. Approximate range of the boreal toad in Colorado. Source: Redrawn map obtained from Terry Ireland, Division of Ecological Services, U. S. Fish and Wildlife Service, Grand Junction, Colorado. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Re • ort for the • ro • osed Peterson Gravel Pit Pa, a vi LIST OF FIGURES Page F35 Figure 35. Distribution of the fringed myotis in Colorado. Source: Fitzgerald et al. (1994:104). F36 Figure 36. Distribution of the Yuma myotis in Colorado. Source: Fitzgerald et al. (1994:109). F37 Figure 37. Distribution of the white-tailed antelope squirrel in Colorado. Source: Fitzgerald et al. (1994:170). F38 Figure 38. Distribution of the big free -tailed bat in Colorado. Solid circles represent records of occurrence. Source: Fitzgerald et al. (1994:128). F39 Figure 39. Distribution of the Brazilian free -tailed bat in Colorado. Source: Fitzgerald et al. (1994:127). F40 Figure 40. Distribution of the spotted bat in Colorado. Source: Fitzgerald et al. (1994:127). F41 Figure 41. Distribution of Townsend's big -eared bat in Colorado. Source: Fitzgerald et al. (1994:123). F42 Figure 42. Distribution of the meadow vole in Colorado. Source: Fitzgerald et al. (1994:284). F43 Figure 43. Distribution of Ord's kangaroo rat in Colorado. Source: Fitzgerald et al. (1994:224). F44 Figure 44. Distribution of the kit fox in Colorado. Source: Fitzgerald et al. (1994:309). F45 Figure 45. Distribution of Botta's pocket gopher in Colorado. Source: Fitzgerald et al. (1994:203). F46 Figure 46. Distribution of the desert shrew in Colorado. Source: Fitzgerald et al. (1994:89). F47 Figure 47. Distribution of the dwarf shrew in Colorado. Source: Fitzgerald et al. (1994:81). Beattie Natural Resources Consulting, Inc. December, 2000 00GO Wildlife Report for the proposed Peterson Gravel Pit Page vil LIST OF FIGURES Rage F48 Figure 48. Distribution of the northern river otter in Colorado. Open circles represent historic records of occurrence. Solid circles represent restored populations. Source: Fitzgerald et al. (1994:363).. F49 Figure 49. Colorado Division of Wildlife lynx potential habitat map. Source: www.ndis.nrel.colostate.edu/excoplimageslmapsllynx.jpg• F50 Figure 50. Bald eagle winter and summer range in Colorado (Andrews and Righter 1992:68). F51 Figure 51. Areas of fairly common migrational sightings of whooping cranes in Colorado. Source: redrawn map obtained from Terry Ireland, Division of Ecological Services, U.S. Fish and Wildlife Service, Grand Junction, Colorado. F52 Figure 52. Migration, winter, and summer range of the ferruginous hawk in Colorado (Andrews and Righter 1992:79). F53 Figure 53. Migration, summer, and winter range of the sandhill crane in Colorado (Andrews and Righter 1992:104). F54 Figure 54. Summer and winter range of the western burrowing owl in Colorado (Andrews and Righter 1992:177). F55 Figure 55. Distribution of the long-tailed curlew during summer and migration in Colorado (Andrews and Righter 1992:122). F56 Figure 56. Approximate range of the southwestern willow flycatcher in Colorado. Source: map obtained from Terry Ireland, Division of Ecological Services, U. S. Fish and Wildlife Service, Grand Junction, Colorado. F57 Figure 57. Vicinity map for Grant Brothers Sand and Gravel operation located approximately 2 miles west/southwest of Silt, Colorado. Beattie Natural Resources Consulting, Inc. December, 2000 Ci*} joo Wildlife Report for the proposed Peterson Gravel Pit Page 1 INTRODUCTION Western Slope Aggregates (WSA) has requested a special use permit for a gravel and concrete batch plant to be located approximately two miles east of Silt (Fig. 1). In the early 1980s, Corn Construction proposed a gravel mining operation on the site. On December 7, 1981, Colorado Division of Wildlife (CDOW) District Wildlife Manager (DWM) Perry Will evaluated Corn Construction's proposal and concluded that the gravel and sand mining operation would have no major impacts on wildlife (Fig. 4). Because DWM Will's evaluation was prepared almost 20 years ago, WSA requested that I prepare an updated wildlife report. DESCRIPTION OF AREA AND HISTORICAL USE The property proposed for the gravel operation and concrete batch plant is owned by Brent Peterson and Sandra Hannigan. The 40 -acre site is situated in that part of Government Lot 11 and III and part of the NW114 of Section 12, Township 6 South, Range 92 West, 6th Principal Meridian, Garfield County, Colorado. The property is bounded on the north by the River Frontage Road and to the south by the Colorado River. The property is bounded on the east by more of the Peterson property and on the west by a sawmill. John Peterson purchased the property in 1956 and grazed/farmed the property until his death in the 1990s. John's son Brent grew up on the 120 -acre property and has lived there continuously since 1992. The property has been used historically for hay production and cattle grazing. The 40 -acre site is flat and is planted in tall wheatgrass. Thistle has invaded the southern and western portions of the property. Cattle grazed the site in the fail of 2000. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 2 Shrubs are absent from the site and, with the exception of a single juniper tree, the area is nonforested. Cottonwood trees (alive and dead), tamarisk, and willows occur along the Colorado River to the south and southwest of the proposed gravel operation. DESCRIPTION OF MINING OPERATION WSA plans to construct and operate an open pit sand and gravel mine together with a concrete batch plant (Fig. 2). The property will be mined in three or four phases varying in size from 5 to 11 acres. Soil depths on the site vary from 1 to 3 feet, with an average depth of 2.4 feet. The gravel strata is approximately 22 feet deep. The mining operation will require removal and stockpiling of topsoil and overburden to expose the underlying sand and gravel. The soil will be stockpiled for later reclamation, The pit run gravel will be excavated using front end loaders and backhoes which will load the material into processing equipment for crushing, screening, washing, and stockpiling. The resulting sand and aggregates will be trucked off-site for construction materials and will be used on-site for a concrete batch plant. Dewatering will be conducted to allow for mining of the full depth of the gravel deposits. Upon its completion,, the mining operation will create a 26.5 acre lake approximately 22 -feet deep with a 1/4 -acre island in the lake. WSA has leased the property from Brent Peterson and Sandra Hannigan. These two individuals will retain ownership of the 40 -acre site, including the 26.5 acre lake, following gravel and sand mining operations. Beattie Natural Resources Consulting, Inc. December, 2000 !7 .1 G ri L U_ 10..►] Wildlife Report for the proposed Peterson Gravel Pit Page 3 WILDLIFE FIELD SURVEY I conducted a wildlife field survey on the site of the proposed gravel operation on November 27 and December 3, 2000. I did not observe any amphibians, reptiles, birds, or mammals on the wheatgrass pasture. Deer, coyote, skunk, and fox tracks were present along the southern and southwestern portions of the site. On November 27, 1 observed 2 adult bald eagles perched in a dead cottonwood tree to the south of the proposed gravel pit. I observed an immature bald eagle in the same tree on December 3. Birds sighted to the south and southwest of the site included the mallard, Canada goose, red-tailed hawk, American crow, great blue heron, and belted kingfisher. WILDLIFE INFORMATION FROM NDIS/SCoP Databases accessed for preparation of this report included the Natural Diversity Information Source (NDIS) and the System for Conservation Planning (SCoP) [www.ndis.nrel.coiostate.edu]. NDIS and SCoP are a collaborative effort of the Colorado Division of Wildlife, the Colorado Department of Natural Resources, the Colorado Natural Heritage Program, and Colorado State University. SCoP provides maps of activity areas of wildlife species, maps of element occurrences (e.g. species, subspecies, populations, natural communities), maps of conservation sites, and maps of suitable habitat. Habitat suitability maps are created by dividing land in a county into 100 X 100 meter cells and determining if a species has an affinity for the vegetation cover in a cell, if the cell is within the elevation range of the species, and if the cell is sufficiently close to water for species that require access to free water, such as ponds, steams, and lakes. It is important to note that although suitable habitat may exist for a species in a particular area, this habitat may not be occupied by the species. Beattie Natural Resources Consulting, Inc. December, 2000 (MCI- Wildlife Report for the proposed Peterson Gravel Pit _ Page 4 selected a user -defined area slightly larger than site of the proposed gravel operation and had SCoP generate a list of amphibians, reptiles, birds, and mammals for which existing or potentially suitable habitat is reported to occur on the site. Universal Transverse Mercator (UTM) coordinates selected to define the search area were N 4380580 E 274635, N 4380590 E 275120, N 4379987 E 274635, and N 4379987 E 275120. Tables 1-4 list species of amphibians, reptiles, mammals, and birds, respectively, for which suitable habitat is reported to exist on the site. Tables 1-4 do not list all species of wildlife which may utilize the proposed gravel pit site. NDIS generates information about selected species in an area and emphasizes endangered, threatened, rare, imperiled and uncommon wildlife. The presence of suitable habitat for a species on the project area does not necessarily lead to the conclusion that the species occurs on the site. Amphibians NDIS identified suitable habitat on the site for the following species of amphibians: Great Basin spadefoot (Fig. 6), New Mexico spadefoot (Fig. 5), northern leopard frog (Fig. 6), canyon treefrog (Fig. 5), red -spotted toad (Fig. 7), and boreal toad (Table 1). SCoP maps provide three pieces of information for a species: 1) known occurrence of the species in a county, 2) likely occurrence of the species in a county, and 3) identification of suitable habitat on a defined parcel of land. For example, Fig. 5 shows SCoP mapped habitat for the canyon treefrog and the New Mexico spadefoot. Suitable habitat is indicated by the dotted area. The absence of Tight or dark shading in Fig. 5 indicates that these species are not likely to occur or are known to not occur in Beattie Natural Resources Consulting, inc. December, 2000 rIn ori* Wildlife Re ort for the ►ro►osed Peterson Gravel Pit Pa Garfield County. A light shading, such as for the red -spotted toad in Fig. 7, indicates that the species is likely to occur in Garfield County. Dark shading, such as for the northern leopard frog and the Great Basin spadefoot in Fig. 6, indicates that the species are known to occur in Garfield County. SCoP identified suitable habitat for the Great Basin spadefoot on the site (Fig. 6). The Great Basin spadefoot is a state species of special concern. It inhabits pinyon - juniper woodland, sagebrush, and semi -desert shrublands in Colorado. It is usually found in or near rocky slopes or canyons (Hammerson 1986:23). Because of the absence on the proposed site of typical habitat elements for the Great Basin spadefoot, it probably does not occur in the area. Hammerson (1986:23) reported occurrences of the Great Basin spadefoot west of Rifle. Development of the Peterson Gravel Pit will not impact the Great Basin spadefoot. SCoP identified suitable habitat for the New Mexico spadefoot on the site (Fig. 5). The New Mexico spadefoot is a Colorado species of special concern. It inhabits plains grassland in southeastern Colorado and occurs in sagebrush and semi -desert shrublands in basins and floodplains of streams in southwestern Colorado. Hammerson (1986:24) reported that this species does not occur in Garfield County and the NDIS Species Occurrence and Abundance Guide (ndis.nrel.colostate.edu/ndis fcountyab/specieslname/gov_oc_ab.html) reports that the New Mexico spadefoot is not likely to occur in Garfield County. The absence on the site of typical habitat elements for this species, coupled with the finding that the species is not likely to occur in Garfield County, suggests that development of the Peterson Gravel Pit will not impact the New Mexico spadefoot. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 6 SCoP identified suitable habitat for the red -spotted toad on the site (Fig. 7). This species is not considered endangered, threatened, or a Colorado species of special concern. The red -spotted toad is usually associated with rocky canyons in Colorado, but in some places it occurs along streams and in canyon bottoms that are devoid of large rocks (Hammerson 1986:30). Although SCoP indicates that the red -spotted toad is likely to occur in Garfield County (Fig. 7), Hammerson (1986:30) reported that the presence of the species in Garfield County has not been documented. It is very unlikely that development of the Peterson Gravel Pit would impact the red -spotted toad. The boreal toad is a high elevation (7,000 feet - 12,900 feet) toad that lives in suitable habitat in lodgepole pine, spruce -fir forests and alpine meadow areas. It is classified as a Colorado endangered species. The boreal toad has been found in shallow water or among sedges and shrubby willows where the soil is damp or wet. The proposed development site does not contain the high -elevation habitat features required by the boreal toad and is below the lower elevational limits at which the boreal toad is found (Fig. 34). Hammerson (1986:26) reported that this species does not occur on or near the proposed gravel pit. The Peterson Gravel Pit will not affect the boreal toad or its habitat. The northern leopard frog is a state species of special concern. SCoP mapped suitable habitat for this species on the site (Fig. 6). The northern leopard frog occurs in Garfield County and is considered fairly common. The northern leopard frog typically inhabits the banks and shallow portions of marshes, ponds, lakes, reservoirs, beaver ponds, streams and other bodies of permanent water, especially those having rooted aquatic vegetation. It also inhabits irrigation ditches and wet meadows. The northern Beattie Natural Resources Consulting, Inc.f hDecember, 2000 00 0 v: J Wildlife Report for the proposed Peterson Gravel Pit Page 7 leopard frog may occur in riparian and wetland areas to the south and southwest of the proposed Peterson Gravel Pit but likely will not occur in the tall wheatgrass pasture. Development of the Peterson Gravel Pit will have no effect on the northern leopard frog. Reptiles NDIS identified suitable habitat on the proposed subdivision for the following species of reptiles: blackneck garter snake, common kingsnake, desert spiny Iizard, eastern fence lizard, many -lined skink, midget -faded rattlesnake, milk snake, racer, short -horned lizard, longnose leopard Iizard, night snake, and southwestern blackhead snake (Table 2). The blackneck garter snake, eastern fence Iizard, longnose leopard Iizard, garter snake, milk snake, night snake, racer, many -lined skink, and short -horned Iizard are not classified as endangered, threatened, or of special state concern. The short -horned lizard and racer are considered uncommon in Garfield County. The milk snake and night snake are classified as rare, and the eastern fence Iizard is considered common. Although suitable habitat for the eastern fence Iizard was identified by SCoP (Fig. 9), it is unlikely that the eastern fence Iizard occurs in the wheatgrass pasture. The midget -faded rattlesnake is a state species of special concern. NDIS mapped the entire proposed gravel site as being suitable habitat for this species (Fig. 11). The snake is one of two subspecies of rattlesnakes in Colorado (the other subspecies is the prairie rattlesnake). Rattlesnakes occur in virtually every terrestrial habitat within its broad geographic and elevational range in Colorado. Typical habitats include plains grasslands, sandhills, mountain and semidesert shrublands, sagebrush, riparian vegetation, pinyon -juniper woodlands, and open coniferous forests. SCoP Beattie Natural Resources Consulting, Inc. 0000020 December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 8 suggests that this subspecies is not likely to occur in Garfield County. Although the Peterson Gravel Pit site contains habitat suitable for the midget -faded rattlesnake, in my opinion the species does not inhabit the area and thus will not be affected by development. SCoP identified suitable habitat for the southwestern blackhead snake on the proposed Peterson Gravel Pit site. This reptile is a state species of special concern. It is known to occur along the edge of the Grand Valley in west -central Colorado but has not been reported for the area encompassing the Peterson Gravel Pit site (tiamrnerson 1986:104). It has been previously found in the mouths of large canyons in areas dominated by sandy, rock -laden soils and dryland shrubs (e.g. sagebrush, greasewood, saltbrush). Although the Peterson Gravel Pit site contains dryland habitat suitable for the southwestern blackhead snake, in my opinion the species does not inhabit the area and thus will not be affected by development. Mammals SCoP identified suitable habitat on the Peterson Gravel Pit site for 29 species of mammals (Table 3). Black bears (Fig. 14) are rarely sighted in the area. Very dry conditions this past summer in western Colorado resulted in reduced berry and acorn crops. As a result, black bears sought food in and near Roaring Fork Valley and Colorado River towns and cities. Typically, black bears are found at higher elevations and in habitats different from those encompassing the proposed Peterson Gravel Pit. Suitable habitat is mapped for Botta's pocket gopher (Fig. 15) and the northern pocket gopher. I did not observe these species or see evidence of their presence on Beattie Natural ResourcesConsulting, Inc. 020 December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 9 the proposed subdivision (e.g. complex burrow systems, conspicuous earthen ridges). According to Fitzgerald et al. (1994:203), Botta's pocket gopher does not occur in Garfield County (Fig. 45). The range of the northern pocket gopher includes the proposed gravel pit (Fitzgerald et al. 1994:206). Botta's pocket gopher and the northern pocket gopher are not classified as endangered, threatened, or Colorado species of special concern. It is not likely that the dwarf shrew occurs on the site (Fig. 17). The dwarf shrew, Colorado's smallest -bodied mammal, is typically found at elevations above 5,500 feet (Fig. 47). It is possible that Merriam's shrew occurs in the area to the south and southwest of the site. It is unlikely that the desert shrew occurs on the site (Figs. 16, 46). None of the aforementioned shrews are considered endangered, threatened, or state species of special concern. Suitable habitat on the proposed subdivision was identified for the least chipmunk (Fig. 18). I did not observe any least chipmunks on the site during my wildlife field survey. Least chipmunks excavate burrows beneath tree roots, fallen logs, or rocks and bushes, and also use these areas for feeding platforms and observation posts. These habitat features are not present on the proposed site of the Peterson Gravel Pit. The least chipmunk is not considered endangered, threatened, or of state special concern. The least chipmunk probably occurs in the wooded area to the south and southwest of the site. SCoP identified suitable habitat for 6 species of bats: spotted bat, Townsend's big -eared bat, Yuma myotis, big free -tailed bat, Brazilian free -tailed bat, and fringed myotis (Fig. 23). The spotted bat is restricted to extreme northwestern Colorado (Fig. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 10 40), the Yuma rnyotis occurs west of the proposed site (Fig. 36), and Townsend's big - eared bat occupies the western one-half of Colorado (Fig. 41). Habitat for the Brazilian free -tailed bat occurs north and south of the Colorado River in Garfield County (Fig. 39) and west of Glenwood Springs. The big free -tailed bat has not been reported for Garfield County (Fig. 38, Fitzgerald et al. 1994:129). Only five scattered records exist from Mesa, Otero, El Paso, Gunnison, and Weld counties. Habitat for the fringed myotis occurs north and south of the Colorado River to the west of Glenwood Springs (Fig. 35, Fitzgerald et al. 1994:104). Bats use caves, mines, buildings, woodpiles, rockpiles, and trees for day and night roosting sites. Bats may use the Peterson site for hunting habitat and may use the forested areas to the south and southwest of the site as roosting and security cover. Endangered/threatened mammals for which SCaP identified suitable habitat are the northern river otter, kit fox, and lynx. The northern river otter does not occur on the property. Garfield County does not have historic records of occurrence of river otters (Fig. 48) and Fitzgerald et al. (1994:363) report that river otter populations have not been restored in eastern Garfield County. The kit fox can be found in extreme southwestern Garfield County along the Utah border but does not occur near the proposed gravel pit. The Canada lynx is a federally threatened and Colorado endangered species. Colorado is on the southern edge of historic lynx range, and before reintroduction in 1999, there had been no confirmed sightings in the state since 1973. Forty-one lynx were released near Pagosa Springs in February 1999 and an additional release was made in the same area this past winter. Some of the male lynx wandered as far as New Mexico, Wyoming, and Nebraska, Beattie Natural Resources Consulting, Inc. December, 2000 fl r% Wildlife Report for the proposed Peterson Gravel Pit Page 11 In the southern Rocky Mountains, lynx are found predominantly above 7,800 feet. Vegetation affinities include aspen, spruce fir, spruce -fir clearcuts, Douglas fir, blue spruce, lodgepole pine clearcuts, limber pine, white fir, bristlecone pine, mixed conifer, mixed forest, and shrub tundra. The proposed Peterson Gravel Pit is below the elevation at which lynx occur in Colorado and does not contain the vegetation types associated with lynx habitat. In addition, the proposed gravel pit lies outside of potential lynx habitat identified by the CDOW (Fig. 49). Development of the Peterson Gravel Pit will have no direct impact on lynx or lynx habitat. The house mouse and deer mouse may occur on the periphery of the site. They are not considered threatened, endangered, or of special state concern. SCoP identified suitable habitat for the western harvest mouse and white-tailed antelope squirrel. Both are Colorado species of special concern. Historical range of the western harvest mouse and white-tailed antelope squirrel is southwest of the proposed development. I did not observe either species during my wildlife field survey. In my opinion, development of the Peterson Gravel Pit is unlikely to have a significant impact on the western harvest mouse or the white-tailed antelope squirrel. SCoP mapped the entire site as suitable habitat for mule deer (Fig. 19). The proposed Peterson Gravel Pit site is classified as overall range (Fig. 20), winter range (Fig, 21), and a resident population area (Fig. 22). None of the property is considered to be severe winter range or a winter concentration area (Fig. 21). According to Brent Peterson, there is a small resident population of deer in the area. They travel along the banks of the Colorado River and use an island in the river as a resting area. Deer may occasionally be observed feeding in the area's pastures. Development of the Peterson Beattie Natural Resources Consulting, Inc. December, 2000 r , Wildlife Report for the proposed Peterson Gravel Pit Page 12 Gravel Pit will reduce the forage area for mule deer. However, there will be no negative impact on mule deer food supplies as mule deer populations in this are not suppressed by food shortages. Although SCoP mapped the Peterson Gravel Pit site as elk overall range (Fig. 12) and winter range (Fig. 13), elk have not historically used the property. In my opinion, the Peterson Gravel Pit will not have a significant impact on critical habitat for any mammal species. Birds SCoP identified suitable habitat on the proposed subdivision for 76 species of birds (Table 4). I will specifically address species which are classified as federally or state threatened or endangered, or are considered state species of special concern. The bald eagle is a federal and state threatened species. Bald eagles can commonly be seen flying over the Colorado River during the winter months and can be seen perched on tall cottonwood trees along the Colorado River (Fig. 26). The area encompassing the proposed gravel pit does not contain a documented bald eagle breeding site and is considered secondary winter range for the bald eagle (Fig. 50). On November 27, 2000 1 observed 2 adult bald eagles perched in a dead cottonwood tree approximately 100 feet south of the southern boundary of the prdposed gravel pit. 1 observed an immature bald eagle in the same tree on December 3. Because the Peterson Gravel Pit will not result in the removal of cottonwood trees along the Colorado River, there will be no direct impact on bald eagle habitat. Barrow's goldeneye is a state species of special concern (Table 4). It is a rare winter resident and spring and fall migrant in western valleys. In some years it may be Beattie Natural Resources Consulting, Inc. December, 2000 0 9 0 0 0 .l Wildlife Report for theproposed Peterson Gravel Pit Page 1.3 locally uncommon along the Colorado River and its tributaries. Barrow's goldeneye prefers reservoirs, rivers, and mountain ponds. Because Barrow's goldeneye is confined to the Colorado River, its habitat will not be directly impacted by development. SCoP mapped the entire Peterson Gravel Pit site as suitable habitat for the ferruginous hawk (Fig. 30). The ferruginous hawk, a state species of special concern, is common in winter in eastern Colorado but is rare or uncommon in other areas and seasons (Fig. 52). It may occasionally be seen during migration in Garfield County. did not observe the ferruginous hawk during my wildlife field survey. The NDIS Species Occurrence and Abundance Guide classifies the ferruginous hawk as very rare in Garfield County. The greater sandhill crane is a state species of special concern. The property is not classified as summer or winter range but migrating sandhill cranes may use grass pastures and hayfields in the area (Fig. 53). I have never observed greater or lesser sandhill cranes in fields in the general area. Habitat for the sage grouse and long -billed curlew, both species of state special concern, was identified on the site. Sage grouse do not occur on the property. The long -billed curlew is an uncommon to fairly common local summer resident in eastern Colorado and a rare spring and fall migrant in Garfield County (Fig. 55). Migrating long - billed curlews may potentially use the undeveloped Colorado River shoreline and nearby grass and alfalfa fields. The southwestern willow flycatcher (SWWF) is a federal and Colorado endangered species. The SWWF is a riparian obligate, nesting only in dense, mesic riparian habitats, particularly areas dominated by willows. This habitat does not occur Beattie Natural Resources Consulting, inc. December, 2000 00 )00wu Wildlife Report for the proposed Peterson Gravel Pit Page 14 on the proposed Peterson Gravel Pit site. The area proposed for the gravel operation lies outside of the known breeding range of the SWWF (Fig. 56) and I have not previously detected the SWWF in the general area. In my opinion, the proposed project is very unlikely to affect breeding SWWFs because it does not contain dense willows and it occurs outside the known breeding range of the species. SCoP identified suitable habitat for the state -threatened western burrowing owl on the proposed subdivision (Fig. 32). The owl is called a "burrowing owl" because it nest and roosts in abandoned burrows dug by mammals, especially prairie dogs. Burrowing owls strongly prefer burrows in active black -tailed prairie dog towns. The burrowing owl is a winter visitor in eastern Colorado and a summer resident in extreme southern Garfield County (Fig. 54). It does not occur in the vicinity of the proposed Peterson Gravel Pit site. The whooping crane is a federal and Colorado endangered species. It is an uncommon spring and fall migrant in the San Luis Valley and is a casual migrant on the eastern plains. Although the eastern one-half of Garfield County lies outside of areas of fairly common migrational sightings in Colorado (Fig. 51), I observed a single whooping crane 6 years ago in a marsh south of the Colorado River between Silt and Rifle. SCoP mapped the entire site as great blue heron suitable habitat (Fig. 28). Obviously, classification of the wheatgrass field as heron habitat is incorrect. A large heron rookery exists on the north shore of the Colorado River approximately 2.5 miles west of the proposed Peterson Gravel Pit. Herons have not historically nested in trees along the Colorado River immediately south and southwest of the proposed gravel pit. Individual herons may occasionally be observed perched in cottonwood tress near the Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 15 Colorado River to the south and southwest of the proposed gravel pit. They are frequently observed feeding in the shallow water areas of the north channel of the Colorado River to the south and east of the proposed gravel operation. Because the Peterson Gravel Pit operation will not result in the destruction of cottonwood trees or modification of shallow Colorado River habitat, there will be no direct impact on the great blue heron. The Peterson Gravel Pit will result in a reduction of acreage for ground -nesting birds and birds which feed in open-field situations. The operation will also reduce the amount of hunting area for hawks and owls. In my opinion, the Peterson Gravel Pit will have no measurable negative impact on any species of bird, not will it affect habitat critical to any bird species. THREATENED AND ENDANGERED SPECIES Colorado endangered, threatened and wildlife species of special concern are listed in Table 5. Federal threatened and endangered species reported for Colorado are listed in Table 6. After reviewing available information and reports, conducting a wildlife field survey, and interviewing Brent Peterson, I do not believe there are any federal or Colorado threatened or endangered vertebrates, or Colorado species of special concern, that would be measurably impacted by the proposed gravel operation. RECLAMATION The plan for site rehabilitation is to create a 26.5 acre lake upon completion of the mining operation. A 1/4 -acre island will be created in the lake. The site will be sloped 3 horizontal to 1 vertical from the existing ground surface to 10 feet below the Beattie Natural Resources Consulting, Inc. December, 20001 Wildlife Report for the proposed Peterson Gravel Pit Page 16 water level and then 2 horizontal to 1 vertical to the bottom of the lake. An area along the south shoreline will be sloped 5 horizontal to 1 vertical for a distance of approximately 200 feet. Topsoil will be spread on all slopes to a depth of 4-6 inches and will be seeded. Cottonwood trees will be planted along the southern edge on a 30 - foot spacing. Both wildlife and the landowner will benefit from the creation of a lake. I know this to be true from personal experience. I am a part-owner of several hundred acres of land along the Colorado River approximately 1.5 miles west of Silt. The land is located south of the Colorado River. During construction of Interstate 70, the construction contractor contacted our group to purchase gravel for roadbed materials. The contractor improved the access road to our property and began a gravel mining operation. Approximately 300,000 cubic yards of material were removed. The end result of the gravel mining was creation of an 8 -acre lake approximately 24 feet deep. We stocked the lake with largemouth bass, crappie, and sunfish. We created fish habitat structures by sinking groups of slashed, bound automobile tires in the lake. We dragged dead cottonwood trees onto the frozen lake in the winter. After ice -off, the trees floated or sank and provided fish habitat. The physical location of the lake, named Centennial Lake, is shown in Fig. 57. Centennial Lake has been used extensively since 1976 for recreation, including fishing, swimming, boating, and waterfowl hunting. Both fish and wildlife have benefited from creation of a lake. Beavers established a bank den years and muskrats have established several denning areas along the shoreline. Kingfishers use the lake as a hunting area. Great blue herons can be seen wading in shallow areas of the lake. Beattie Natural Resources Consulting, Inc. 001]i.i December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 17 Frogs breed and live in marsh vegetation along the edge of the lake. Canada geese and ducks use the lake extensively for feeding and resting prior to the lake freezing in the winter. Canada geese and dabbling ducks have nested in nearby fields and bring their young to the lake after hatching. It is important to note that standing bodies of water, such as Centennial Lake, will attract certain groups of birds that would typically not prefer the Colorado River. Examples include the short -eared grebe, Western grebe, American coot, ring-necked duck, ruddy duck, lesser scaup, and redhead. The Colorado River provides significant habitat for fish, birds and mammals. Creation of lakes provides significant additional habitat for fish, birds and mammals. 1 am in agreement with the reclamation plan proposed by Western Slope Aggregates for the Peterson Gravel Pit. The 3:1 sloping out to a vertical drop of 10 feet will allow for aquatic plants to become established. These plants will provide food for waterfowl, will serve as habitat for aquatic invertebrates, and will provide important cover for fry and fingerlings if the lake is stocked with fish. A serious drawback of some manmade lakes is that they are too shallow. Shallow lakes allow light penetration to the bottom and encourage extensive growth of rooted aquatic plants. Aquatic plants can become extremely dense and widespread and make it difficult to fish and operate a boat. The 22-24 foot deep lake created by the gravel pit will allow for some growth of rooted aquatic plants, which is beneficial, and will limit the uncontrolled growth of aquatic plants. The 5:1 sloping along the southern portion of the gravel pit will provide shallow - water feeding habitat for waterfowl. The 114 -acre island planned for the lake will serve as a loafing area and security cover for resident and migratory Canada geese. Beattie Natural Resources Consulting, Inc, December, 2000 0 $*) 6 ✓' .. J Wildlife Report for the proposed Peterson Gravel Pit Page 18 Brent Peterson and Sandra Hannigan will have the opportunity to enhance the manmade lake for aesthetics and recreation. Opportunities include creation of a warmwater fishery (e.g. bass-crappie-bluegill), installation of fish habitat structures, placement of a dock or docks, and planting trees and shrubs along the shoreline. WILDIFE IMPACT FINDING OF PERRY WILL In 1981, Colorado Division of Wildlife DWM Perry Will evaluated a gravel mining plan proposal by Corn Construction on the Peterson site. Land use on the site proposed for the Peterson Gravel Pit has not changed from 1981 to 2000. DWM Will evaluated the impact of the proposed gravel mining operation on wintering bald eagles and concluded "The proposed pit should not impact eagle use provided areas of intensive activity (i.e. crusher, batch plant, etc.) are located away from the river..." DWM Will assessed the overall impact on wildlife of the proposed gravel pit and concluded "Due to the location of this pit, no major impacts to wildlife are anticipated. With the proposed reclamation plans, wildlife habitat in the area should be enhanced." IMPACT OF THE PETERSON GRAVEL PIT ON WILDLIFE The Peterson Gravel Pit will transform 26.5 acres of a tall wheatgrass pasture into a 26.5 acre lake. The existing pasture is poor -quality habitat for most species of wildlife. In my opinion, the reclaimed site will provide significantly improved conditions for wildlife in comparison to wildlife use of the existing property. In addition to evaluating the potential on-site impact of the gravel mining operation on wildlife, I considered potential off-site impacts, particularly disturbance of Beattie Natural Resources Consulting, Inc. 00060 December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Pale 19 wintering bald eagles and feeding great blue herons caused by noise from the rock crusher, front-end loader, and dump trucks. There are many factors that influence wildlife responses to human activities, including gravel and sand mining operations. These factors include characteristics of the disturbance and characteristics of the wildlife species. Characteristics of the disturbance that shape wildlife responses include the type of human activity, predictability, frequency and magnitude, timing, and location (Titus and VanDruff 1981, Burger 1981, Knight and Knight 1986, Madsen 1985, Hobbs 1989). Characteristics of wildlife that affect their response to humans include the type of animal, group size, age, sex, breeding status, and stage of breeding/nesting (Cooke 1980, Holmes et al. 1993, Morse 1980, Singer and Beattie 1986, Owens 1977, Batten 1977). The most important factors affecting wildlife response to humans are predictability and perceived threat. When wildlife perceive a disturbance frequent enough to be expected and nonthreatening, they show little overt response. If wildlife perceive disturbance as unpredictable and threatening, they react quite differently. As a case in point, during the week of November 17, 1997, a photograph of bighorn sheep appeared in the Glenwood Post. The bighorn sheep, normally very solitary and way, showed little overt response to hundreds of cars traveling close to them along 1-70. This was because the automobile traffic was predictable and nonthreatening. However, if a car had stopped and the occupants had exited the vehicle and began screaming and throwing rocks at the sheep, they would likely have fled in panic. Wildlife response to humans depends on predictability and perceived threat. Beattie Natural Resources Consulting, Inc. December, 2000 ri{�, 3 . Wildlife Report for the proposed Peterson Gravel Pit Page 20 There is experimental evidence that wildlife may become habituated to humans. Habituation is defined as a waning of a response to a repeated stimulus that is not associated with a positive or negative reward (Eibl-Eibesfeidt 1970). As an example, mule deer living in and on the edge of cities generally seem to be more tolerant of people and traffic when compared to mule deer living in remote areas. There are examples in the literature demonstrating wildlife habituation to human activity. Knight and Knight (1984) attempted to determine whether bald eagles habituated to people. Flushing responses of wintering eagles were measured on two adjacent rivers, one with recreational boating and the other with none. On the heavily traveled river, eagles were much less likely to flush from boaters than on the other river with no boating activity, suggesting that eagles had habituated to humans. Vos et al. (1985) reported that great blue herons habituated to repeated, nonthreatening activities such as fishermen boating past a heronry. In areas of high levels of human activity, nesting osprey habituated to a variety of nonthreatening activities, but in more remote sites where human intrusion was abrupt and sporadic, osprey did not habituate (Swenson 1979, Poole 1981). Based on my personal experience, birds and mammals occupying habitat adjacent to gravel pits demonstrate little to no behavioral response to gravel pit operations (e.g. crusher operation, dewatering pump, front-end loader operation, dump truck traffic). As an example, in 1993 Grant Brothers Construction began operation of a gravel and sand mining operation near the Colorado River to the west of Silt (Fig. 57). Dump trucks and 18 -wheel trucks access the gravel pit by exiting 1-70 at the Garfield County Airport exit, traveling about 1 mile east on the frontage road on the north side of Beattie Natural Resources Consulting, Inc. �R} December, 2000 1 +1 1.) 1)�j y Wildlife Report for the proposed Peterson Gravel Pit Page 21 the interstate, and proceeding about 3/4 -mile north along an improved road to the gravel pit entrance (Fig. 57). I am a part-owner of land to the east and north of the gravel pit and I have access to the property located immediately north of the gravel pit. 1 have visited both properties frequently since 1968, primarily for fishing and hunting, and 1 have had the opportunity to observe wildlife distribution, density, and behaviors prior to and during operation of Grant Brothers gravel operation. Since the gravel pit began operation in 1993, I have spent part or all of approximately 500 days on property adjacent to the gravel pit. My activities have included waterfowl hunting, lake fishing, river fishing, pheasant hunting, deer hunting, picnicking, wildlife photography, and hikes. Wildlife on property to the north, northeast, and east of Grant Brothers gravel pit have not shown any behavioral response to gravel pit operations, including truck traffic on the haul road, crusher operation, front end loader operation (included the reverse warning signal), and dewatering pump operation. I will cite several examples of the nonresponse of wildlife to truck traffic and gravel pit operation. In mid-November, 2000, I visited the property immediately north of Grant Brothers Sand and Gravel. 1 climbed approximately 15 feet up in a cottonwood tree with the intention of taking photographs of wildlife. The tree is located about 70 yards north of the gravel pit boundary. At approximately 2:00 p.m., 2 does and 2 fawns approached from the north. They fed for approximately 20 minutes and then bedded down about 20 yards to the south of my location (approximately 50 yards north of the gravel pit boundary). During the time they were feeding, dump trucks were entering and exiting the gravel pit and a front end loader was loading gravel based on the sound of a diesel engine and back-up signal. The feeding deer showed no response to the truck traffic or front-end loader operation. Beattie Natural Resources Consulting, Inc. f} December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 22 Approximately 5 minutes after bedding down, the gravel operation's crusher started. The bedded deer showed no reaction to the crusher. Several minutes later 1 decided to photograph the group of 4 deer. When I pressed the shutter button, the camera made an audible "click," One of the 2 does apparently heard the sound because her ears turned forward and she stood up. A minute later the other 3 deer stood up. Approximately 30 seconds later the group of deer began walking to the west. I watched them until they were out of sight. The doe had been startled by the sound of a camera shutter. This experience demonstrates that these deer had become habituated to the noise associated with the gravel pit operation (e.g. truck traffic, diesel motors, back up signals, crusher noise, dewatering pump). The click of a camera shutter was unexpected and may have been perceived by the deer as a threat, thus causing them to move elsewhere. The gravel pit operations are predictable and nonthreatening, Because of this, these deer, and other deer in the area, are not alarmed by the activity and do not avoid areas on the periphery of the gravel pit. I have viewed similar nonresponses of mule deer over the years to the gravel pit operations. A small grove of Russian olive trees exists immediately south of Grant Brothers gravel pit. Typically, 1-4 deer will rest in this grove of trees during the day before venturing onto pastures in the late afternoon. This grove of trees is on the very south edge of the gravel pit. An irrigation ditch parallels the haul road leading to Grant Brothers operation and is located approximately 30 yards to the east of the road. The ditch is about 10 feet below ground level and flows year-round. The irrigation ditch continues beyond the haul road and parallels the north boundary of Grant Brothers gravel pit. The ditch is situated 15-20 yards north of the gravel pit's northern boundary and empties into the Colorado Beattie Natural Resources Consulting, Inc. 0130U J3 December, 2000 Wildlife Report for the proposed Peterson Gravel Pit _ Page 23 River immediately north of the northeastern corner of the gravel pit. In the fall, mallards will land on various stretches of the irrigation ditch along the haul road and on the ditch to the north of the gravel pit. They frequently use the irrigation ditch for feeding and resting when the gravel pit and truck hauling are in operation. Also, on numerous occasions while hunting ducks along the ditch, I have flushed great blue herons that were feeding in the ditch. During daylight hours, mule deer will bed in an area 50 yards or more to the east of the haul road and immediately north of the irrigation ditch paralleling the north boundary of the gravel pit. During winter months bald eagles travel the Colorado River corridor to the north of Grant Brothers Sand and Gravel. On numerous occasions I have observed the behavior of perched bald eagles in response to truck traffic, crusher operation, and front-end loader operation. Several of the eagles were perched at various times in a tall cottonwood tree approximately 40 yards north of the northwestern corner of Grant Brothers gravel pit. Operations associated with the gravel pit did not appear to cause flushing of the eagles or avoidance of the south channel of the Colorado River to the north of the gravel pit. In addition to observing the reaction of deer, ducks, herons, kingfishers, and eagles to Grant Brothers gravel operation, I have had the opportunity to observe the behavior of numerous other birds and mammals near the gravel operation. My impression and opinion is that wildlife near the boundary of the gravel pit do not react differently than if the gravel pit had never been developed. Beattie Natural Resources Consulting, Inc. December, 2000 'J' 303�i Wildlife Report for the proposed Peterson Gravel Pit Page 24 CONCLUSIONS 1 conclude that operation of the Peterson Gravel Pit will have no significant on- site or off-site impact to birds, mammals, amphibians, or reptiles. When the gravel pit becomes a lake and is reclaimed, wildlife use of the area will be increased in comparison to wildlife use of the existing wheatgrass pasture. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 25 LITERATURE CITED Andrews, R. and R. Righter. 1992. Colorado birds. Denver Mus. Nat. History, Denver, CO. 442pp. Batten, L. A. 1977. Sailing on reservoirs and its effects on water birds. Biological Conservation 11:49-58. Burger, J. 1981. The effect of human activity on birds at a coastal bay. Biological Conservation 21:231-241. Cooke, A. S. 1980. Observations on how close certain passerine species will tolerate an approaching human in rural and suburban areas. Biological Conservation 18:185-188. Eibl-Eibesfeldt, I. 1970. Ethology: the study of behavior. Holt, Rinehart, and Winston, New York, N.Y. 530pp. Fitzgerald, J. P., C. A. Meaney, and D. M Armstrong. 1994. Mammals of Colorado. Univ. Press Colorado, Niwot, CO. 467pp. Hammerson, G. A. 1986. Amphibians and reptiles in Colorado. Colo. Div. Wildlife, Denver, CO. 131 pp. Hobbs, N. T. 1989. Linking energy balance to survival in mule deer: development and test of a simulation model. Wildlife Monographs. 101:39pp. Holmes, T. L., R. L. Knight, L. Stegall, and G. R. Craig. 1993. Responses of wintering grassland raptors to human disturbance. Wildl. Soc. Bull. 21:461-468. Beattie Natural Resources Consulting, Inc. o v December, 2000 1 Wildlife Report for the proposed Peterson Gravel Pit Page 26 Knight, R. L., and S. K Skagen. 1988. Effects of recreational disturbance on birds of prey: a review. Pages 355-359 in L. Glinski, ed. Proceedings of the Southwest Raptor Management Symposium and Workshop. National Wildlife Federation, Washington, D.C. Knight, S. K. and R. L. Knight. 1986. Vigilance patterns of bald eagles feeding in groups. Auk 103:263-272. Knight, R. L., and S. K. Knight. 1984. Responses of wintering bald eagles to boating activity. J. Wiidl. Manage. 48:999-1004. Madsen, J. 1985. Impact of disturbance on field utilization of pink -footed geese in West Jutland, Denmark. Biological Conservation 33:53-63. Morse, D. H. 1980. Behavioral mechanisms in ecology. Harvard University Press, Cambridge, MA. 383pp. Owens, N. W. 1977. Responses of wintering brent geese to human disturbance. Wildfowl 28:5-14. Poole, A. 1981. The effects of human disturbance on osprey reproductive success. Colonial Waterbirds 4:20-27. Singer, F. J., and J. B. Beattie. 1986. The controlled traffic system associated wildlife responses in Denali National Park. Arctic 39:195-203. Swenson, J. E. Factors affecting status and reproduction of ospreys in Yellowstone National Park. J. Wildl. Manage. 43:595-601. Titus, J. R., and L. W. VanDruff. 1981. Response of the common loon to recreational pressure in the Boundary Waters Canoe Area, northeastern Minnesota. Wildlife Monograph 79:1-58. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 27 Vos, D. K., R. A. Ryder, and W. D. Graul. 1985. Response of breeding great blue herons to human disturbance in north -central Colorado. Colonial Waterbirds 8:13-22. Beattie Natural Resources Consulting, lrnc.i i December, 2000 0') ;. J1 �, yiJ Wildlife Report for the proposed Peterson Gravel Pit Page 28 Table 1. Species of amphibians for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided. Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Canyon treefrog Hyla arenirolor X Great Basin spadefoot Spea intermontana X New Mexico spadefoot Spea muitipiicata X Northern leopard frog Rana pipiens X Red -spotted toad Bufo punctatus Boreal toad Bufo boreas boreas X -_ x Beattie Natural Resources Consulting, Inc. December, 2000 i��l ) Wildlife Report for the Peterson Gravel Pit Page 29 Table 2. Species of reptiles for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided. Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status Blackneck garter snake Thamnophis cyrtopsis Common kingsnake Lampropeltis getula X 81 Desert spiny lizard Sceloporus magister X 52 Longnose leopard lizard Gambelia wislizenii Eastern fence lizard Sceloporus undulatus Midget faded rattlesnake Crotalus viridis concolor X Many -lined skink _ Eumeces multivirgatus Milk snake Lampropeltis triangulum Night snake Hypsiglena torquata _ 53 Racer Coluber constrictor Short -horned lizard Phrynosoma hemandezi - - Southwestern blackhead snake Tantilla hobartsmithi X 53 C2 1 C2 = Listed by U.S. Fish and Wildlife Service as a Category 2 candidate in review. 52= Listed by the Colorado Natural Heritage Program as state imperiled. 51 = Listed by the Colorado Natural Heritage Program as state critically imperiled. S3 = Listed by the Colorado Natural Heritage Program as state rare. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the Peterson Gravel Pit Page 30 Table 3. Species of mammals for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity information Source. The status of individual species is also provided. Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' American elk Germs elaphus Big free -tailed bat Nyctinomops macrotis , - 51 C2 Bighorn sheep Ovis canadensis 1 Black bear Ursus americanus - Botta's pocket gopher Thomomys bottae 51 Brazilian free -tailed bat Tadarida brasiliensis S3 Desert shrew Notiosorex crawfordi _ S3 Dwarf shrew Sorex nanus 53 Fringed myotis Myotis thysanodes - 53 Kit fox Vulpes macrotis Endangered SI Least chipmunk Tamias minimus S2 Lynx Lynx Canadensis Threatened Endangered 51 Meadow vole Microtus pennsylvanicus S3 Merriam's shrew Sorex merriami 53 Moose Alces aloes _ Mexican vole Microtus mexicanus S3 Mountain lion Fells concolor Mule deer Odocoileus hemionus Northern pocket gopher Thomomys talpoides S2 Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Re ort for the Peterson Gravel Pit Pale 31 Table 3. Species of mammals for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity information Source. The status of individual species is also provided (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status? Northern river otter Lutra Canadensis Endangered Ord's kangaroo rat Dipodomys ordii S2 Pronghorn Antilocapra americana Spotted bat Euderma maculatum X S2 C2 Thirteen -lined ground squirrel Spermophilus tridecemlineatus Townsend's big -eared bat Plecotus townsendii pallascens _ X 52 C2 Western harvest mouse Reithrodontomys megalotis megalotis X S2 White-tailed antelope squirrel Ammospermophilus leucurus X 52 White-tailed deer Odocoileus virginianus Yuma myotis Myotis yumanensis X 53 C2 1 C2 -- -- Listed by the L.S. Fish and Wildlife Service as a Category 2 candidate in review. S1 -- Listed by the Colorado Natural Heritage Program as state critically imperiled. S2 -- Listed by the Colorado Natural Heritage Program as state imperiled. 53 -- Listed by the Colorado Natural Heritage Program as state rare. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the Peterson Gravel Pit Page 32 Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided. Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' American peregrine falcon Falco peregrinus anatum S2B American redstart Setophaga 51B American white pelican Pelecanus erythrorhynchos X S1 B American wgeon Anas americana Bald eagle Haliaeetus leucocephalus Threatened Threatened 51B Barrow's goldeneye Bucephala islandica _ X S2B Black swift Cypseloides niger S3B Black -crowned night heron Nycticorax nycticorax S3B Black -necked stilt Himantopus mexicanus S3B Black -throated gray warbler Dendroica Black -throated sparrow Amphispiza bilenata S3B Blue grosbeak Guiraca caerulea Blue -winged teal Anas discors Bobolink Dolichonyx S3B Boreal owl Aegolius funereus Brewer's sparrow Spizella brewer' Bufflehead Bucephala albeola S1 B Canada goose Brenta canadensis Canvasback Aythya valisineria S2B Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the Peterson Gravel Pit Page 33 Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Chestnut -collared Iongspur Calcarius omatus - S1 B Chestnut sided warbler Dendroica pensylvanica S2B Cinnamon teal Anas cyanoptera Dickcissel Spiza Americana S3B Eared grebe Podiceps nigricollis S3B Eastern phoebe Sayomis phoebe _ 538 Ferruginous hawk Buteo regalis X S3B C2 Field sparrow _ Spizella pusilla - 31 B Flammulated owl Otus flammeolus Forester's tem Sterna forsterr _ S2B Gadwall Anas strepera Grace's warbler Dendroica graciae - -- S3B Grasshopper sparrow Ammodramus savannarum _ - Gray vireo Viroe vicinior S28 Great blue heron Ardea herodias S3B Great egret Ardea albus 81 B Greater sandhill crane Grus canadensis tabida X 828 Green heron Butorides virescens S3B Green -winged teal Anas crecca Hepatic tanager Piranga flava S1B Homed lark Eremophila alpestris Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the Peterson Gravel Pit Page 34 Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status Lark bunting Calamospiza melanocorys Lesser sandhill crane Gros canadensis canadensis Lewis woodpecker Melanerpes Long -billed curlew Numenius americanus - X S28 Mallard Anas platyrhynchos Marsh wren Cistothorus palustris S3B Merlin Falco columbarius Merriarn's wild turkey Meleagris gailopavo merriami Mountain plover Charadrius montanus X SB C Northern goshawk Accipifer gentilis S3B C2 Northern harrier Circus cyaneus S3B Northern pintail Anas acuta Northern shoveler Anas clypeata Osprey Pandion haliaetus _ S3B Purple martin Progne subis S3B Red -eyed vireo Vireo olivaceus S3B Red-headed woodpecker Melanerpes erythrocephalus S3B Ring -billed gull Larus delawarensis _ Ring-necked pheasant Phasianus colchicus Ruffed grouse Bonasa umbellus Beattie Natural Resources Consulting, Inc. December, 2000 • Wildlife Report for the Peterson Gravel Pit Page 35 Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided (continued). Common Name Scientific Name Federal Threatened or Endangered State Threatened or Endangered State Species of Special Concern Status' Rufous hummingbird Selasphorus rufus _ Sage grouse Centrocercus urophasianus urophasianus X S3B Sage sparrow Amphispiza belli S3B Scott's oriole Icterus parisorum S1 B Short -eared owl Asio flammeus 52B Snowy egret Egretta thula 528 Southwestern willow flycatcher Empidonax trailii extimus Endangered Endangered Swainsonts hawk Buteo wainsoni _ Three -toed woodpecker Picoides tridactylus Western burrowing owl Athene cunicularia hypugaea Threatened C2 White-faced ibis Plegadis chihi _ 52B C2 White-tailed ptarmigan Lagopus feucrus altipetens White -winged crossbill Loxia leucoptera _ 51 B Beaffie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the Peterson Gravel Pit Page 36 Table 4. Species of birds for which existing or potential suitable habitat exists on the proposed Peterson Gravel Pit site as reported by the Natural Diversity Information Source. The status of individual species is also provided (continued). Common Name Scientific Name Federal Threatenedor Endangered State Threatened or Endangered State Species of Special Concern Status'— tatus'Threatened Whooping crane Grus Americana Endangered Endangered Willet Catoptrophorus semipalmatus inornatus SIB Wiliiamson's sapsucker Sphyrapicus thyroideus 1 C -- Listed by the U.S. Fish and Wildlife Service as a Candidate species. C2 -- Listed by the U.S. Fish and Wildlife Service as a Category 2 candidate in review. SIB — Species listed by the Colorado Natural Heritage Program as state critically imperiled during the breeding season. S2B -- Species listed by the Colorado Natural Heritage Program as state imperiled during the breeding season. S3B -- Species listed by the Colorado Natural Heritage Program as state rare or threatened during the breeding season. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page 37 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern. Common Name Scientific Name Status' Fish Bonytail Gllaelegans FE, SE Razorback sucker Xyrauchen texanus FE, SE Humpback chub Gila cypa FE, ST Colorado pikeminnow Ptychocheilus lucius FE, ST Greenback cutthroat trout Oncorhycnhus clarki sotmias FT, ST Rio Grande sucker Catostomus plebeius SE Lake chub Couesius plumbeus _ _ SE Plains minnow Hybognathus placitius SE Suckermouth minnow Phenacobius mirabilis SE - - Northern redbelly dace Phoxinus eos SE Southern redbelly dace Phoxinus erythrogaster SE Brassy minnow _ Hybognathus hankinsoni ST Common shiner Luxilus cornutus ST Arkansas darter Etheostoma cragini ST Bluehead sucker Catostomus discobolus SC Flannelmouth sucker Catostomus latipinnis SC Mountain sucker Catostomus platrhynchus SC Plains orangethroat darter Etheostoma spectible SC Iowa darter _ Etheostoma exile SC Plains topminnow Fundulus sciadicus SC Rio Grande chub Gila Pandora SC Colorado roundtail chub Gila robusta SC Speckled chub Macrhybopsis aestivalls tetranemus SC River shiner Notropis blennius SC Stonecat Noturus flavus _ SC Colorado River cutthroat trout Oncorhynchus clarki pleuriticus SC Rio Grande cutthroat trout Oncorhynchus clarki virginal's SC Flathead chub Platygobio gracilus SC Amphibians _ Boreal toad Bufo boreas boreas SE Northern cricket frog Acnis crepitans SC Great Plains narrowmouth toad Gastrophryne olivacea SC Beattie Natural Resources Consulting, Inc. December, 2000 i�rII 30 Wildlife Report for the proposed Peterson Gravel Pit Page 38 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern (continued). Common Name Scientific Name Status Amphibians (continued) Canyon treefrog Hyla areicolor SC Northern leopard frog Rana pipiens SC Plains leopard frog Rana blairi SC Couch's spadefoot Scaphiopus courchii SC Great basin spadefoot Spea intermontana SC New Mexico spadefoot Spea multiplicata SC Reptiles Midget faded rattlesnake Crotalus viridis concolor SC Lbngnose leopard lizard Gambelia wislizenl"i SC Yellow mud turtle Kinosternon flavenscens SC Common kingsnake Lampropeltis getula SC Texas blind snake Leptotyphlops dulcis SC Texas horned lizard Phrynosoma cornutum SC Desert spiny lizard Sceloporus magister _ SC Massasauga Sistrurus catenatus SC Birds American peregrine falcon Falco peregrinus anatum SC Whooping crane Grus americana tabida FE, SE Least tem Sterna antillarum athalassos FE, SE Southwestern willow flycatcher Empidonax traiilii extimus FE, SE Plains sharp -tailed grouse _ Tympanuchus phasianellus jamesii SE Piping plover Charadrius melodus circumcinctus FT, ST Bald eagle Haliaeetus leucocephalus FT, ST Mexican spotted owl Strix occidentalis Iucida FT, ST Western burrowing owl Athene cunicularia ST Greater sandhill crane Grus canadensis _ SC Lesser prairie chicken Tympanuchus pallidicinctus ST Barrow's goldeneye Bucephala islandica SC Ferruginous hawk Buteo regalis SC Gunnison's sage grouse Centrocercus urophasianus subspp. SC Northern sage grouse - Centrocercus urophasianus subspp. SC Western snowy plover Charadrius alexandrinus SC Mountain plover Chardrius montane _ SC Long -billed curlew Numenius americanus SC White pelican - Pelecanus erythrorhynchos SC Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Pape 39 Table 5. Colorado listing of endangered, threatened and wildlife species of special concern (continued). Common Name Scientific Name Status Mammals Gray wolf Canis lupus FE, SE Black -footed ferret Mustela nigripes FE, SE Grizzly bear Ursus arctos FT, SE Preble's meadow jumping mouse Zapus hudsonius preblei FT, ST Lynx Lynx canadensis SE Wolverine Gulo gulo luscus SE River otter Lutra canadensis SE Kit fox Vulpes macrotis SE Swift fox Vulpes velox SC Black -tailed prairie dog Cynomys ludovicianus SC 1 FE = Federal endangered FT = Federal threatened SE = State endangered ST = State threatened SC = Species of state concern Beattie Natural Resources Consulting, Inc. December, 2000 J _ a. Wildlife Report for the proposed Peterson Gravel Pit Page 40 Table 6. Federal threatened and endangered species reported for Colorado. Common Name Scientific Name Status - - Grizzly bear Ursus arctos Threatened Bonytail chub Gila elegans Endangered Humpback chub Gila cypha Endangered Whooping crane Grus americana Endangered Bald eagle _ Haliaeetus leucocephalus _ Threatened Black -footed ferret Mustela nigripes Endangered Southwestern willow flycatcher Empidonax traillii extimus Endangered Preble's meadow jumping mouse Zapus hudsonius preblei Threatened Lynx Lynx Canadensis _ Threatened Mexican spotted owl Strix occidentalis lucida Threatened Piping plover Charadrius melodus Threatened Colorado squawfish Ptychocheilus lucius Endangered Razorback sucker - Xyrauchen texanus Endangered Least tern Sterna antillarum Endangered Greenback cutthroat trout Oncorhynchus clarki stomias Threatened Gray wolf Canis lupus Endangered Mancos milk -vetch Astragalus humillimus Endangered Osterhous milk -vetch Astragalus osterhoutii Endangered Clay -loving wild buckwheat Eriogonum pelinophilum Endangered Penland alpine fen mustard Eutrema peniandii Threatened Dudley Bluffs bladderpod Lesquerella congesta Threatened Knowlton cactus Pediocactus knowltonii Endangered Penland beardtongue Penstemon penlandii _ Endangered North Park phacelia Phacelia formosula Endangered Dudly Bluffs twinpod Physaria obcordata Threatened Unita Basin hookless cactus Sclerocactus glaucus Threatened Mesa Verde cactus Sclerocactus mease verdae Threatened Ute ladies' -tresses Sprianthes diluvialis Threatened Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit _ Page F1 Figure 1. Vicinity map for the proposed Peterson Gravel Pit (hatched area). Beattie Natural Resources Consulting, Inc. December, 2000 1.1 44C. Wildlife Report for the proposed Peterson Gravel Pit Pape F2 '11 � �_ -_ ••••"'. Swale ;•wroBarer ELM!), ✓ I • �rV�rcE.cern " a*M aGio. / / Arco A bo Mfrcd / x FropGsea 51P: 'Pence ll. (5,550 !l il Topsoil S_ocie r: i i1 _/_ /1' / / / / • • / 'nvfrar. r 015:G:I:.C1F1 / T / / , / / St• vel / ot.oirr ..c:er / .1 al a: SCG no 3 IP MI .. CAN --C !CAU a • 110 .1 SITE PLAN ";-:•2 .I:... '1. 7 / Arco 1r .1 / rerG Gee I /. et f / FyTi rp ovtiajIMG.'OoI '1, r / / ./ ( 1 / / /, t ce oc tO1y 2'4,._r.err, Western Slope Aggrega t es, Inc. .a1 _P. ;.SPL M.P.DO 1•I11 IIN1 IILLM 1 L'Ih4BA & ASECCAt'E IFS meow IVt awl •11-1,11" I• L%1'1 r•.- .:� ; 1— w.,-nI RIgar Figure 2. Site plan for the proposed Peterson Gravel Pit. Beattie Natural Resources Consulting, Inc. • December, 2000 f' 1J _5 Wildlife Report for the proposed Peterson Gravel Pit Pape F3 My PASTURE t\ �i ,4 \\• PAS I•i1� f \r Mori: Cctiianwccecoling# r eons 61,Ni"v R•,fir P ff 0,20.0 =to! 347' CZ,' 1 '`.. 1 LIKE i \\ Mia r m r1 r CSAPPIC SCALE w rev EXWBIT F Racial:nation Plan lisp sad /. \, \r\1 , I \\1, V I 4 Western Slope Aggregates, Inc. mrr irms Ks se fwIWO.L WO..I1*.111 I/sM1ai-a ONLINO ■W1. 11+Ib illi �i R11LI AO.t 104 1 T 1 I �l.a— ie •_•1 ... .. :7 a •• ■I 1 \. t �V-x- x 1 Figure 3. Reclamation plan map for the proposed Peterson Gravel Pit. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F4 The following information pertaining to wildlife is provided for use by Mined Land Reclamation Board in their consideration, of a mining permit for: Silt Pit / Gravel / Portion of Eli h115C & Portion Lot j Section 12,T6S. R42H ame/Type andnd Location of Mine (Legal) - ?t Wildlife Species list: - Hule deer Badger Nuttalls cottontail Redtailed hawk Coyote Raccoon Rock squirrel Kestrel Bobcat Gray fox. Canada goose - Passerine birds Striped skunk w Endangered/critical stecies/impacted: The bald eagle uses the Colorado river Corridor as a wintering area. The proposed pit should not impact eagle use provided areas of intensive activity (i.e. crusher, batch plant, etc.), are located away from the river am indicated in the alining plan. Critical habitats/vegetative communities impacted: The area is composed primarily of agricultural lands contair4native grasses with sparsely scattered shrubby vegetation. The southern boundary of the proposed pit is bordered by a water canal leading to the Silt Dumping station. Narrowleaf cottonwood trees are found along this canal. Assessment of impact: iDLe to the location of this pit, no major impacts to wildlife are anticipated. With the proposed reclamation plans, and those listed below, wildlife habitat in the area should be enhanced. Mine Reclamation recommendations (include key species/habitats for which restoration is designed). 1. An undisturbed buffer 50-100 feet should separate the pit from the water canal. 2. The pit bottom and shoreline should be irregular to enhance aquatic life forms. Peoninsulas are desirable. 3. An island with natural vegetation should be left, or created from spoils and overburden. 4. An area 150-200 feet in length, located along the southwest edge should be sloped at 5:1 to create a shallow area for waterfowl and encourage emergent vegetation. 5. Cottonwood seedlings should be planted along the southern border. 6. Revegetatioo of remaining disturbed• areas should be accomplished using native shrubs and grasses, :epared By: Prrry Date: 12/7/81 tbmitted By: Michael R. Grode Dace 12/8/81 As statement is void if not processed within 1 year. .is analysis does not constitute approval of application. oc S. Leslie File-Sjtaifgit(Corn) P. will 8. GrandPre R Figure 4. Wildlife impact finding of CDOW District Wildlife Manager Perry Will in 1981 regarding a gravel mining operation proposed by Corn Construction on the site for which Western Slope Aggregates has applied for a special use permit for a gravel and sand mining facility and concrete batch operation. Beattie Natural Resources Consulting, inc. December, 2000 r r. r' o'1Ufi" i' Wildlife Report for the proposed Peterson Gravel Pit Page F5 Canyon Tree rcg citable Ilabitat County occurrence ® Known to 00041 "ix; Lktly to occur Suitable H abitit User -Defined Area V County Boundaries Highways Figure 5. System for Conservation Planning (SCOP) mapped suitable habitat for the canyon treefrog and the New Mexico spadefoot on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc, December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F6 Grt Basin Spadefoot Suitable County Occurrence NM Known to Oocu+'' tllabitat �th • �`".§ eti;�r ."C4 . •r?�'�'�• +• e . `ti AX Lively to Occur Suitable Habitat User -Defined Area County Boundaries ��#E! R y{�J rl ld (i �Ll+lL t{'rti Si i y{ J �y.2t r�' ✓T4� tri ti f' ti x � L�rr ,�' •!�- t ,�. i z4, -r-r. a • t J °, 1, s Yd ♦ y yy""r C "V a:° a , tom, y�A f a`�L L ^i 5r+^u'P3�} f r t`�vp dJ• .-. $,.,r,. ` `' Y t �tl ih� a � n r� ` T S i + zr��+ • k1Y' J a 4 ♦ Y yr�4� J L•/ �^ d I'•' [ +` JS 4, .,�Syl yY��y��Iti ry ,�},�p 'Cit }'4 •ca.'"; 'tL� Tsrk {�tY �.'t•"{�L+"-S� S F+YT''rd x ` SVTNS ai' 5 j,•+t+�.' �; ` L `:.:., moi( til :.)::,...,:t. r Z Sy alr •. Yt IT7 t /L. y. K•w ttyJc •r.� � ,'Fi .t� a i��,''£. {,'� 'r'(fr i �r S ' } ` ,._ ,. . . {vY{' a y S 1 `A r�aC""� • +.'p. .l..y. Jjrr . c1*V.ry �f t•.hRk•}A l.�f i y�r kY !r Y`Y",A`yxt �x�a�. l rf I • y` 1� `$teh:�'f9ry�",tip` t yr > �' �. S `i S r 1 YP %". �F ti`r��'�r4 j"'Le� {•y/s 1piJ(•. S •I S� , ,ky��+t a ct �.r ^ ,h .';vti^•.,, Ak { ryh '1'7, ' h• , • J3� l_ Fla h W a �f��e i� T- /JJ�t,,\S•: y Figure 6. System for Conservation Planning (SCOP) mapped suitable habitat for the northern leopard frog and the Great Basin spadefoot on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. _ December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Facie F7 Figure 7. System for Conservation Planning (SCaP) mapped suitable habitat for the red -spotted toad on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Red -spotted Toad Suitab a habitat County Occurrence Known to Occur .N 4}JL�I V tr{A JJ t h {•/fi6L PJ if 4P h'1 JC hnA 1 I 4 it/f t 74"�4�.C{ ,^ ' " a4 1 ✓'s? { LT1, SVi°1}P ✓' { i4 f l�`•4'�.4 { - is R"C +4V��rrii ✓ f4 hci.t 16 ftY Li•�;7''L4�w�t x.... r � Lh,\t #.`'-1`:$ f"A4 ^�� ...,lyi.y�"Ct y. \LY'".' w' f� *tea* ¢ X$`✓'{�y.'�F'�d'�'�'i4T,eS<.✓} A JJ t k LiA P. 4✓{JS 4 r � { . i V iy �SgrVL 1 •SiS{' �'1 �1�'� 'Lw.�'��b f iti '4 # V '% `�At S Sfh ✓" J+�` y �-r4 'Ny"±A' {� _. r !' y4{i �Jl fwf}.a:,'s .^iy0. �.}. J-9Y�x,Ot^}rflFsy �q +•�.nR#e�.iip.`l4.�.'.'Riw •Y`4�yAw.'�fJTA.,if !ti S�S 4 {r`�'� {, . i\�y��•L�'.'q3 4f_.L 'i ti '•'rhZ"•°yw�Sy"h�Ppx�y`i"�St r ti".1��J'4d�ar- �4L.",,:�'.4�l�~d��Sss11p+,` ti t4�'/Y A,n'fiL.^r\'1i'srt�};A{"3oJ.�J�'y 4�✓?+'� nYtiY.YJ"t S�'rt'.•,�j �t ,,yr�AC,NY ' ..eA. . rY y .�0 . LT4.ryIf!.1.,, 4. ."0 .} r jy % :0 ,t'+Vl f i'+•' �/+�4'Y JYjY�! { 6 <✓ . 6 J• 'l ¢. Yh JT il' .1 •' 'f�'d J S y y,'ra{ •^n,:•'N"f-. e r ref e �e • 4 A yr nYa' } { ^% ti4a .♦A q > { f 4 °. �4ti • '�4". ✓ c cJ ,. . rc- sr A*r , Y J. 4 i ✓ r.. r4 LkelytoOoour SuLable Habitat ^.^.. U/s*N.� er--Defined Area County Boundaries = Ki Highways Figure 7. System for Conservation Planning (SCaP) mapped suitable habitat for the red -spotted toad on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F8 Desert Spiny Lizard Suitable Habitat County Doourrenos Kn own to 0 mu r LkelytoOccur Suitable H abitat ED User- Deflnad Area "/ County Soundartes Highways A • Figure 8. System for Conservation 'Planning (SCOP) mapped suitable habitat for the black -necked garter snake, common kingsnake, and desert spiny lizard on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 U .r J. Wildlife Report for the proposed Peterson Gravel Pit Page F9 County occurrence Kn own to Occur Lkalyto occur Suitable H abltat User -Defined Area County Boundaries Highways I V E Fence Lizard Suitable Habitat Figure 9. System for Conservation Planning (SCOP) mapped suitable habitat for the Eastern fence lizard and short -horned lizard on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 r r+ C Wildlife Report for the proposed Peterson Gravel Pit Page Fi0 Racer Suitable Habitat County Occurrence Known to Occur • Lkeyto. Occur Suitable Habitat MOS User -Defined Area County Boundaries f4l b r..' }r! .k - w...•'h ht l'`d ti " ft _ tiM1�� V ti Jy Ln 44y f4� r yJ 'i p. 1/ � , Highways '� / V +���`, y�, ,' K. yy"tel S . gdr�4{ RC ,,j'�' �li i r° R f rCYb r, r; ,}CrTL '1{ tiq{Y `hid`... CR { $+�1"�''� �>rtir,.,,+a^gti:AursJ''F°w�r yFr.! >s i i r I} � v yy ✓�. ��> 7' '� ri I '•cti .�'�!1,h..h J. it�R �+ } i° t+J.'^fS7dyJ b+[�1. ,✓✓`'"l+':YJ'174:1 t � �� I 1R' a 7. � s f 'r �'" f* `Cry ...7- ,s,+C w 'iv ,�� • it F f ✓ y o yC. C" it 4.` y {�•j,4 fC i S�1:7;9-":]..3:::eSJ}�RYRVR �,r 9 " " :^a' `t * Pa' > r Sfz tiYM '�,,{I'A r i'ary: t r L Al R+.Z! ! - l t�MF'�'pr�i rr S" R,y''�' R 3 f• ort a'dry,'' } � .t dtn'br b fi � i � 1� .4's' 1 i 4" >' JR .rF �'! it ♦ ��j j, g ,y.,' alj A. F�f ,ly. ! x ?€ate 4 +., R • T"[if N}w. V" .T. as�f}�1 f ti y{, Ct'Yh.R .`� b�r°.f' `e, '�"' rf S�s 4 S Y iS+` S }Yi ,�.'WCA.y,l I^ f ��ta J. 'i\° r rr �$a f �. - z.y,.4 A�`Rw4 !? :i44�s,wd K�Sr�'..de,1 r e;SJ`fu� .Y d�fYS.J'i��}X.`�, ^wTr 4e�SIY�^Ci �S.t'f '� .a 6 1 - % ti kF ..� Ydl4�J� s. 0X51: f ti ti. -t$+� b '- Y+r` E} 3f'.,'+ i� ��yi�y �t 'y".,�C - V • e„, "7 • ys`{ } r • +'^ �` nv ,,�,µ�•r� z t a7.,:;4 ` �, -.� ' • �+C '^- r Pa ?' u U y J he ,} J -7; J,, gk'r_. f 'd f- ",,r+° k L ySl.l u� R.,1r,S."1'V\,i' �+� 4a � •� + i R y f�r r5 �, v 1G 4w �".� C f� ;yy -J 9j64 !• �,.�.f. �'pJ� .,�.�ti�S �i^�yR t f �• 4' 4 - j4 !:Yt.{f?.1 i5 4 y r : • � .r?�C ,,{�'w5Y"' �,": .r.. 3 r ova 1R '^y' tii fr s 4 4. �R ,F�t�..rlw. ,L/ ,,(,� ry, .etrf1 4fN%,�}Y�j, {.r F16. •'CI�X. LH�P 2' . S/lbd v l 4 ryx4� £ � � }� 4 M{.�'+! Figure 10. System for Conservation Planning (SCOP) mapped suitable habitat for the racer and milk snake on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F11 Many -lined Skink Suitable Habitat County Occurrence Known to Qcour Cicely to Occur 1044 Suitable Habitat User -Defined Area County Boundaries Highways a Y Figure 11. System for Conservation Planning (SCOP) mapped suitable habitat for the many -lined skink and midget faded rattlesnake on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 14 Wildlife Report for the proposed Peterson Gravel Pit _ Page P'C2 American Elk Overall Activity Areas Overall Activities Ove rail R any e Unser --Defined Area / V County Boundaries • Highways v Figure 12. System for Conservation Planning (SCOP) mapped elk overall activity area on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc, December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F13 American Elk ,t3''inter Activity Areas Win#e r Activities Fin Severe W inter Range 11 Winter Concentration Area Winter Range Ussery -Defined Area /CV County Boundaries Highways Figure 13. System for Conservation Planning (SCOP) mapped elk winter activity area on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F14 County Occurrence WM Known to Occur Lketyto Occur Suitable Habitat User•Defined Area County boundaries Black Bear Suitable Habitat Figure 14. System for Conservation Planning (SCOP) mapped suitable habitat for the black bear on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F15 County Occurrence mg Known to Occur Lkelyto Occur Su itabie Habitat User -Defined Area County Boundaries Highways Bot Pckt opher Suitable Habitat Figure 15. System for Conservation Planning (SCaP) mapped suitable habitat for Botta's pocket gopher on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F16 Desert Shrew Suitable Habitat County Occurrence - Known to Oocur Lkefyto Occur Suitable H ab#tat Unser --Defined Are■ V County Boundaries Highways ighways / V Figure 16. System for Conservation Planning (SC0P) mapped suitable habitat for the desert shrew on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. ,december, 2000 r �1 rJ Wildlife Report for the proposed Peterson Gravel Pit Page F17 Dwarf Shrew Suitable habitat County Occurrence mg Known to Ocour Lkey to Occur Suitable H abttat User -Defined Aria / \i/ County Boundaries Highways V Figure 17. System for Conservation Planning (SCOP) mapped suitable habitat for the dwarf shrew on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F18 Least Chipmunk Suitable Habitat County Occurrence lm Known to Occur Licey to Occur Suitable Habitat User -Defined Area > County Boundaries Highways/a J V Figure 18. System for Conservation Planning (SCOP) mapped suitable habitat for the least chipmunk on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit _ Page F19 County Occurrenoe dal Known to Occur I°@=j Lkelyto Occur Su to ble Habitat Usserr.Defined Area / V County Boundaries Highways Mule Deer Suitable Habitat Figure 19. System for Conservation Planning (SCOP) mapped suitable habitat for mule deer on the proposed Peterson Gravel Pit site. Beattie Natural ResourcesConsulting, Inc. December, 2000 , Wildlife Report for the proposed Peterson Gravel Pit Page F20 Mule Deer Overall Activity Areas lave rail Activities Overall Range Usser.DefIned Area I V County Boundaries H a8 hw a ys ,A, j Figure 20. System for Conservation Planning (SCOP) mapped overall range for mule deer on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 r r Wildlife Report for the proposed Peterson Gravel Pit Page F21 Winter Fifii Severe W inter Range Winter Concentration Area Winter Range User -Defined Area /V County Boundaries Highways Mule Deer Winter Activity Areas Figure 21. System for Conservation Planning (SCOP) mapped winter range for mule deer on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F22 Mule Deer Other Activity Areas Other Activities Areas Concentration Highway Crossing mg Limited Use Area MI Migration Corridor Firni Resident Population Area User -Defined Atetr "/County Boundaries Highways / / Figure 22. System for Conservation Planning (SCaP) mapped activity areas for mule deer on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the • ro.osed Peterson Gravel Pit Pa + e F23 Spatted Bat Suitable Habitat County Occurrence Mal Known to Occur 7,$^ �i��5 J7 � ^ til Y4� f Se eq}V k r " i ; rsa -,. x yrs_ qr v `.2 f\ < '1C ?? .� r i s^ r w.. a C 't t �•'v5i i." rr 'r } '• /s ` �` J ' . +� r� :4, +yet- ^. 4 1 }^ f4w• f .'.''�� Att. ,p r f , ti�Cy r,F,,v:�,�S y 43 '.• � V. i:Cs: , Ys . �� - s �4 t 4 � . --;Gid?' + r... _.,5� � �rC+,0. 4"ae,- -,�i ^ i'r{r: + I tiy-:L • { r� s'' `��' YAC i 'Ci '.+ 2. 12 •// .:•• } ^4'f ; � 1 ' iw 'L fie' .v n' ?y'�` • `Y' "7' '71:. 1"''''111111 }A ::ss• ��� iae. Lt�k3a.. ✓ Y'. Y Y tis�'4. 1' xr r .." 44.* s.r1 .''y ♦ d+✓x, r.,1€.`_-x�, ';- +ti`l r+i .i,,.�.a.r. z ! +: �'-' ^ r rxt ri nP pyaa+i� y'�'✓.,.yk" • r 1^. s•' ... ` i Y _ r i. 1 'Jr ,•� ,r�k r�`ti ^.�N� •. • i - r +r� t S .....,%.j ' ? i. o �r'✓ 4 " 'h•a'y .fi ... 7 i 5. } :�. �`"f�, _ N rr' cr.:. �..�, r'- List ly to Occur Suitable H abitatr User -Defined Area Coun ty Boundaries H ig hw a ys / ZJ Figure 23. System for Conservation Planning (SCOP) mapped suitable habitat for the spotted bat, Townsend's big -eared bat, and Yuma myotis on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F24 E County Ocourrenoe Known to Ooour Lkeyto Ooour Suitable H abitat User•Detlned Area /V County Boundaries H Ip hways A Y Meadow role Suitable Habitat Figure 24. System for Conservation Planning (SCOP) mapped suitable habitat for the meadow vole, Merriam's shrew, and Mexican vole on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 r •. Wildlife Report for the proposed Peterson Gravel Pit Page F25 Am Peregrine Falcon Suitable Habitat County Ocourrenoe NM known to Oocur Lkey to Occur Suitable Habitat L�1 User -Defined Area A County Boundaries H ig trw a ys Figure 25. System for Conservation Planning (SCOP) mapped suitable habitat for the peregrine falcon on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc.. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F26 County Occurrence Known to Occur Lk. y to Occur Suitable Habitat User•Deflntd Area County Boundaries Highways Iv Bald Eagle Suitable Habitat Figure 26. System for Conservation Planning (SCOP) mapped suitable habitat for the bald eagle on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, In December, 2000 00 0 0 J Wildlife Report for the proposed Peterson Gravel PR Page F27 Grasshopper Sparrow Suitable Habitat 1 County Occurrence Known to 0oour RR Lk* yto 0cour Suitable H abltat • l User- Defined Area } County Boundaries S S ."d. ...,....... ..."..'..... .".', r - ti r S ti . .fin Highways iv ' Figure 27. System for Conservation Planning (SCOP) mapped suitable habitat for the grasshopper sparrow on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 C1".'00 0 Wildlife Report for the proposed Peterson Gravelpit Page F28 Great Blue Heron Suitable Habitat - - - County Occurrence NM Known to 0CCU r •' c i'7w ii. �'ti�zr`rSa \i 6 ,w,t�„ t , r f 'S rir •, a +k� ef�� airC{"� k?i dl.k if p 9 J a I • C �.} r •'''� S' i w ul £ G r F R y r,. �y•'� }Y {• t . r S.:7r ] rr x.! x. 5 r r " F ;; a IN. 5 +ti ! 3y^ v r r ; `'Ir r4+i�"4«}$r' 8'w" �] C a >. ♦ fi 7 { .,4 sY by hr 3 A' "rJ Y Y 'f .xr7'w 4 t '1fr �r }' 1 riG y ytils s ...A r ji¢�S' t da •7ys� af9ti�� iJ "'� -'` Hyl. ,c •'� j, `}ar 4J�� aT,�.�! 'A {i `ti+ S \ v. •y+p r ^" 5�t''^` S$. f '$ r. !� ti_ T r: l . 1�5 V ..� y'�yy++ I} 1.,✓� 1' .SSS Sr. Y: �. '1Zh` M. JJ J a/T •'ry�� 1, r r i4 �y��5r.t } { - JL4 A YN'!'}i! `5 .. � ! h {.y Y � ,, jj � .� 3 Y l /S C'W � ti r yw� �w^�" ' rf}`�+" {Y`% C {�' •.: �, P� {s�iw''.0' ArZ' } -13a.A.\ d+t�r•?, ± i'yi✓�\'Wr.'sy{`�r Y'���,^ , k.... '{ya «j e•,.-'=-,4 w �*' k r J u •<••,.'4 V , ' S` r'rid yr X1� 4r T;ir .- ��+ rxa a.SA SSi a./.c :,... ,. N. ,,p� i�[dgxWn`Gry+S�AAs.L"h�';StT "741Y7 r �3.t-9- . 4:'" 4 ..�` " lyi +r� d <�f d rti"^S �� . r � ];rhr�n 4y A;, ypr5}} t� t,f � P � 7.?Y ` 1 XR.'�R.' " { „? i L .riV i r� r�`.s 4�' ✓}'1 LA':. � 4 'r {[ s.r` '-. 11 =r7,r : r"',JC'iwti 'r .0 , d !.k., 74 t- i:, ^a? . :4'; .."5tf .i :' r.. [ LIeety to Occur '. Suitable H abitat User -Defined Area Y County Boundaries H i0hwa �kYY /1\i7 Figure 28. System for Conservation Planning (SCOP) mapped suitable habitat for the great blue heron on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc, December, 2000 ^, it 4i 1 Wildlife Report for the proposed Peterson Gravel Pit Page F29 Bobolink Suitable Habitat County Cloourrenoe Known to Ooour Lkely to Occur Suitable Habitat User -Defined Area County Jiloundaries EJ Hig hways diV Figure 29. System for Conservation Planning (SCoP) mapped suitable habitat for the bobolink on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc, December, 2000 v. Wildlife Report for the proposed Peterson Gravel Pit Page F30 Black-thr Sparrow Suitable Habitat County Occurrence Known t0 Oocur Licelyto Occur Suitable Habitat 0 Ustr-Defined Area J V County Baundanits Highways f V Figure 30. System for Conservation Planning (SCOP) mapped suitable habitat for the black -throated sparrow and ferruginous hawk on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. 000 0© c 33 December, 2000 Wildlife Report for the proposed Peterson Gravel Plt Page F31 Grt Sandhill Crane Suitable Habitat County 0°ourranoe known to Occur Lkelyto Ooour Suitable H abitat User -Defined Area I V County Boundaries Highways Figure 31. System for Conservation Planning (SCOP) mapped suitable habitat for the greater and lesser sandhill crane on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, Inc. December, 2000 0 CuL ..4 Wildlife Report for the proposed Peterson Gravel Pit Page F32 County occurrence WI Known to Occur Lkety to Occur Suitable Habitat User•Detined Area ! V County Boundaries Hiigtwuays LewisWoodpecker Suitable Habitat Figure 32. System for Conservation Planning (SCOP) mapped suitable habitat for Lewis" woodpecker, northern harrier, rink -necked pheasant, Swainson's hawk, and Western burrowing owl on the proposed Peterson Gravel Pit site, Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F33 SW Willow Flycatcher Suitable Bab County Occurrence pm Known to Occur I—I Lk e y to occur Figure 33. System for Conservation Planning (SCoP) mapped suitable habitat for the southwestern willow flycatcher and Merriam's wild turkey on the proposed Peterson Gravel Pit site. Beattie Natural Resources Consulting, inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page P34 NOFFAT WELD ER r PHS<LLIP9 4 I DGYAmPP • r Rio MARCO ADAMS _ W SH 4TCW I . OENYER r ARAPAHOE t _ J_ on DoUG LAy rI cARso.. 4 ` ----� UNCCWI, ` ELMS ° .1--y : cHEYENtr* r0r• QURAY :-5AN WOWS. '• j DOLOR ES „Ai rTT ►ioHTEA$ A/ 1 f LAPLATA SAOUACHE LUSTER l PUEBLO r 1'11/4 '% •./^• • : OTERO BENT ; PROWERS NUERTANO I ` H ,. MCA COSV LAS ANPLU3 Figure 34. Approximate range of the boreal toad in Colorado #n ). Source: Redrawn map obtained from Terry Ireland, Division of Ecological Services, U. S. Fish. and Wildlife Service, Grand Junction, Colorado. Beattie Natural Resources Consulting, Inc. December, 2000 Vvill.i.V Wildlife Report for the proposed Peterson Gravel Plt Page F35 107 106 167 _ 35r ,__ '.. 2.77' - - --. 1 i• _ _ _ 1L1jLj. .' _4." 1 ,7.4, is 1 .✓.: f• F a• `� 1 1 1 1.�. 1 N 1 '116 ,Il - NOF NI01•••••4 707 106 107 Figure 35. Distribution of the fringed myotis in Colorado (t♦). Source: Fitzgerald et al. (1994:104). Beattie Natural Resources Consulting, Mc. December, 2000 k}uU4ticrb Wildlife Report for the proposed Peterson Gravel Pit Page F36 Figure 36. Distribution of the Yuma myotis in Colorado (Irb). Source: Fitzgerald et al. (1994:109). Beattie Natural Resources Consulting, Inc. December, 2000 n v t..,l Wildlife Report for the proposed Peterson Gravel Pit Page F37 Figure 37. Distribution of the white-tailed antelope squirrel in Colorado ( ). Source: Fitzgerald et al. (1994:170). Beattie Natural Resources Consulting, Inc. u i L, k, 0 0 December, 2000 1.7 ii. - - idS 7!- tr .40 4 1 --i t 1 r� t _ u_...t _ .. r_ __ .. t _—r t � -'tom a. .... e y _ 1 6 4. 40l�wi.lww I - 1 107 - - 105 — 1051 Figure 37. Distribution of the white-tailed antelope squirrel in Colorado ( ). Source: Fitzgerald et al. (1994:170). Beattie Natural Resources Consulting, Inc. u i L, k, 0 0 December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page P38 Figure 38. Distribution of the big free -tailed bat in Colorado. Solid circles represent records of occurrence. Source: Fitzgerald et al. (1994:128). Seattle Natural Resources Consulting, Inc. Ao ar �l is 1 December, WOO 147 lm ,G3 �. ---17-.7-7,-,----nA A . 1 1 , I- 1 — A I 1 rd 1 {{ 1 1 1 - _ � 1 1 w A 1 ...-.1T411. • I. 1,IA h IW 1k61YWAt I 1*7 146 147 Figure 38. Distribution of the big free -tailed bat in Colorado. Solid circles represent records of occurrence. Source: Fitzgerald et al. (1994:128). Seattle Natural Resources Consulting, Inc. Ao ar �l is 1 December, WOO Wildlife Report for the proposed Peterson Gravel Pit Page F39 .. _ 107 I 103 . 1 —y t r 1 r L I 4 I .io 1y ✓ _r_ – r _J no ham ,. _ - rm 12o10•••••. 1 107 106 103 Figure 39. Distribution of the Brazilian free -tailed bat in Colorado OM). ). Source: Fitzgerald et al. (1994:127). Beattie Natural Resources Consulting, Inc. December, 2000 - uULUJ4 Wildlife Report for the proposed Peterson Gravel Pit _ Page F40 �r , .. 197 195 103 I s r1 ° r r ° 1 i� ... 1 `rte r_ ° _ - r r _ 1 _r r r r`� �_- 1 f r . -,7'.'; ...all 1 - j - - --I i.. 1, 1,---4--, . 1.__J r - _ --- 1 _ Iefilelre -k • ,,erb__ — 1 1 tae i 107 105 103 Figure 40. Distribution of the spotted bat in Colorado (lab). Source: Fitzgerald et al. (1994:127). Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F41 107 103 969 ab 93999.99999 f 507 i0 100 Figure 41. Distribution of Townsend's big -eared bat in Colorado (10 ). Source: Fitzgerald et al. (1994:123). Beattie Natural Resources Consulting, Inc. L L December, 2000 Wildlife Report for theproposed Peterson Gravel Pit Pape F42 3,1 137 106 103 —a -a. a ,aa 107 106 ►W Figure 42. Distribution of the meadow vole in Colorado ). Source: Fitzgerald et al. (1994:284). Seattle Natural Resources Consulting, Inc. December, 2000 Li 1/4, U •u 5 Wildlife Report for the proposed Peterson Gravel Plt Pape F43 Figure 43. Distribution of Ord's kangaroo rat in Colorado ( ). Source: Fitzgerald et al. (1994:224). Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit _ Page F44 30 107 105 - 500 Y 1 • 1 1 1 l1 t 4110 - p j . r . __I_ 1 - _ - 't0 1 la 1110 MEOWS 1 107 105 100 Figure 44. Distribution of the kit fox in Colorado ( ). Source: Fitzgerald et al. (1994:309). Beattie Natural Resources Consulting, Inc. u December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F45 Figure 45. Distribution of Botta's pocket gopher in Colorado (M). Source: Fitzgerald et al. (1994:203). Beattie Natural Resources Consulting, Inc. December, 2000 107 10S 109 . -"_--r_ _7_— 1111` � --- a L. 1 ± 1 Y 1 d 1. —1 III 1 r It I. 1.IQ . 107 lam % 100 1I61GwIM 1 1 1 107 106 100 Figure 45. Distribution of Botta's pocket gopher in Colorado (M). Source: Fitzgerald et al. (1994:203). Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F46 Figure 46. Distribution of the desert shrew in Colorado (M►). Source: Fitzgerald et al. (1994:89). Beattie Natural Resources Consulting, Inc. December, 2000 u3 H u 9 Wildlife Report for the proposed Peterson Gravel Pit Page F47 Figure 47. Distribution of the dwarf shrew in Colorado (i ). Source: Fitzgerald et al. (1994:81). Beattie Natural Resources Consulting, Inc. December, 2000 ULiUU.�0 Wildlife Report for the proposed Peterson Gravel Pit Page F48 107 103 -- __ -•- i , WO MO ■12~0. -40 107 105 107 Figure 48. Distribution of the northern river otter in Colorado. Open circles represent historic records of occurrence. Solid circles represent restored populations. Source: Fitzgerald et al. (1994:363). Beattie Natural Resources Consulting, Inc. December, 2000 u ti u 1 Wildlife Report for the proposed Peterson Gravel Pit Page F49 Figure 49. Colorado Division of Wildlife Lynx potential habitat (= ) map. Source: www.ndis.nrel.colostate.edulexcoplimagesimaps/lynx.jpg. Beattie Natural Resources Consulting, Inc. December, 2000 Wildlife Report for the proposed Peterson Gravel Pit Page F50 W intrr • i 2 i 1-- tl. - ' �.\ 'r „_---- - --- s ,:: i L -} .__ I..r. ;• ._., �.-._ .t. (--*�"t..-...y-..- ice`, • s I ■ }....-`ar.�. ;''''.1. if....... --.7-r-...--- Summikr Primary range • Confirmed breeding in summer Secondary range ED Summer nonbreeding site Figure 50. Bald eagle winter and summer range in Colorado (Andrews and Righter 1992:68). Beattie Natural Resources Consulting, Inc. December, 2000 uuti•.iU3 Wildlife Report for the proposed Peterson Gravel Pit_ Pape F51 DT..... 'Yi ` WF3n r ' uatr� , . E . r.y Jy((�/yj�'l r ►yen , PHILLIPSy ' 4 1 A .moi Y A e YLSAA RlOBtAN • �._J-' --. ,, �( -�. ASIANS _i W T I 1 Y � A ^ 1 I I i !� PITKIN. • ' 1 A r y�___ (�UN?41,AQ11 �� 1 ItlAs llti EL PASO j ' 7" ENNE. !... 0 • ,.. . MINA ..�_';OURAYY' STER i.' PUEBLO __IT—r._T._—._ 1 �-- �" A 1 r8ANL16lli1 ,'MN SAciullClli i --�•••-E. _ — r-.. HUERFAMO OTERO A BENT M PROWESS I A _� JU/W 1 I. r ,i I__L__ . , .... ....... ./d c. de ,....-. 1 BACA I. OOSTILLA, LAB WW1 i 14°14TEZUMA / LA PIMA i lacHutzu 1 L_.,.al Figure 51. Areas of fairly common migrational sightings of whooping cranes in Colorado (p). Source: redrawn map obtained from Terry Ireland, Division of Ecological Services, U.S. Fish and Wildlife Service, Grand Junction, Colorado. Beattie Natural Resources Consulting, Inc. December, 2000 uuGUiu4 Wildlife Reurt for the proposed Peterson Gravel Pit _ Page F52 Migration 8s Wlnt.r Summer Figure 52. Migration, winter, and summer range (f` ) of the ferruginous hawk in Colorado (Andrews and Righter 1992:79). Beattie Natural Resources Consulting, Inc. December, 2000 iuuilL�.LJ Wildlife Report for the proposed Peterson Gravel Pit Page F53 Sumner?' W1M.r MIpration Figure 53. Migration, summer, and winter range of the sandhill crane in Coforado (Andrews and Righter 1992:104). Beattie Natural Resources Consulting, Inc. December, 2000 uL )ij: .0 Wildlife Report for the proposed Peterson Gravel Pit _ Pape F54 Summar Winter Figure 54. Summer and winter range of the western burrowing owl in Colorado (Andrews and Righter 1992:177). Beattie Natural Resources Consulting, Inc. December, 2000 UUUUlL? Wildlife Report for the proposed Peterson Gravel Pit Page F55 Summer Migration Figure 55. Distribution of the long-tailed curlew during summer and migration in Colorado (Andrews and Righter 1992:122)• Beattie Natural Resources Consulting, Inc. Ui;uLlu8 December, 2000 1 Wildlife Report for the proposed Peterson Gravel Pit_ Page F56 Figure 56. Approximate range of the southwestern willow flycatcher in Colorado (t), ). Source: map obtained from Terry Ireland, Division of Ecological Services, U. S. Fish and Wildlife Service, Grand Junction, Colorado.. Beattie Natural Resources Consulting, Inc. Ub((r1 6 9 December, 2000 Wildlife Report for the proposed Peterson Grave! Pit Page F57 INTERSTATE 70 Figure 57. Vicinity map for Grant Brothers Sand and Gravel operation located approximately 2 miles west/southwest of Silt, Colorado. Beattie Natural Resources Consulting, Inc. t; A LLI i. 0 December, 2000 SECTION III NOISE REPORT u(iOG1i1 December 11, 2000 NOISE REPORT This Noise Report is prepared upon request of Western Slope Aggregates, Inc. and from readings taken on December 4, 2000 using a Quest Noise Dosimeter Model No. Q-200 and a Radio Shack Sound Level Meter Model No. 33-2055. On the day these readings were taken, the wind velocity was not more than 5 m.p.h. in accordance with Colorado Revised Statutes 25-12- 103 (8). Noise level readings were taken at the Blue Pit when in full operation and at various locations in the vicinity of the proposed Peterson Pit east of Silt, Colorado. These readings were as follows: Blue Pit December 4, 2000 Crushing and screening in full operation db(A) 125 feet from plant 80 db(A) 250 feet from plant 70 db(A) 1000 feet from plant 50 db(A) Peterson Pit Vicinity December 4, 2000 Ambient noise levels At the intersection of Divide Creek Road and Colorado River Road the ambient noise level was 50 db(A) At the end of driveway for 0117 Colorado River Road the ambient noise level was 50 db(A). When a train passed on the other side of 1-70, the noise level was 67 db(A) at this location. At the end of the driveway for Flag Sand & Gravel, approximately 750 feet away from their crusher, the noise level was 60 db(A). Conclusion: If the crusher at the proposed Peterson Pit is 1000 feet from the properties to the south, then there should not be any substantial noise impact since the ambient noise levels of 50 db(A) are equal to the noise level of 50 db(A) at 1000 feet from the crusher in the Blue Pit. Cti u 1 2 Page 2 Noise Report December 11, 2000 I have attached a copy of Article 12, Title 25 of Colorado Revised Statutes for reference convenience. Also attached is my resume showing my qualifications to take these noise readings and hence issue this report. Sincerely, Roya?B. Williams Mine Health & Safety Consulting 2911 North Court Grand Junction, Colorado 81504 970-241-6723 u uui13 ROYAL B. WILLIAMS 471 Royal Ann Way Grand Junction, Co.81504 970-523-6994 OBJECTIVE Safety Management SKILLS & QUALIFICATIONS • 25 years experience in Safety and Health Management • Identify issues and resolve problems • Assure work efficiency, quality of inspections and investigations ▪ Plan, delegate, and assign work setting completion priorities • Investigate fatal and non-fatal accidents to determine course • Set up courses and judge for rescue teams • Make recommendations to officials on problem areas ADMINISTRATION • Conduct audits, and prepare and process all related paperwork and reports • Assure enforcement of federal mining regulations • Explain safety laws and problem areas • Conduct staffand safety meetings • Coordinate meetings between union and company officials • Prepare schedules for completion of work • Responsible for preparing and submitting annual budget • Assist sub -district and district managers in administrative work • Constructed Performance Standards for health and Safety Inspectors and Clerk • Implement health and safety report writing procedures I'ERSONNEL/TRAINING & HUMAN RESOURCES • Train field officers, staff; inspectors, and monitor progress • Supervise and oversee 2-12 employees and staff members • Conduct conferences with employees and officials ▪ Supervise health and safety inspectors, special investigator, and clerks • Set performance standards • Schedule all training for field office employees • Labor Relations training, Grievance Procedures, Disciplinary Actions, EEO, Arbitration, Official Time Rights of Employees, etc. • Perform rescue operations and train employees in rescue efforts and maintenance and repair of rescue equipment • Conduct training sessions for inspectors and employees 1)60b114 PROFESSIONAL/AWARDS/COMMITTEES • Accountability Review Coordinator • Recipient of Performance Management & Recognition System Awards -Quality Performance • Certificate for Outstanding Work & Services from Colorado Mine Rescue Council • Performance Ratings above average throughout government career EDUCATION/COURSE/TRAINING • 1991 Defensive Driving • 1991 Electrical Training • 1991 First Aid and CPR • 1986 Penn State Management Development Program (Program Perspective, Organizational Communications, Evaluating Employees, Stress Management, Employee Techniques, Action Planning, Controlling Technique • 1985-86 Applied Management I & II (Management Theory Practice Planning - Controlling Techniques, Time Management/Utilization, Styles of Management, Stress Management, Organizational Climate, Conflict Resolution/Interpersonal Conflict, and Learning Objectives). • 1985 Supervisory Training for Government Supervisors ▪ 1985 Mine Emergency Training and Responsiveness Development • 1985 Completed course in U.S. Government travel regulations • 1984 MSHA Supervisory Training • 1983-84 Labor Relations • 1983 Permissibility (gases -methane) Equipment • 1982 Industrial Hygiene for Safety Professionals • 1982 Standards of Conduct • 1982 Employee Counseling Service Program • 1981 Mine and Safety Management • 1981 Labor Relations & Contract Administration for D.O.L. Supervisors and Managers • 1981 Performance Analysis, Principles of Management, Human Relations, Communications, Fault Tree Analysis, Human Factors Engineering, and Safety Program Management • 1981 Performance Appraisal WORK HISTORY 1973- 1997 U.S. Government/Mine Safety & Health Administration Supervisory Mine Inspector Metal & Non -Metal Mine Inspector Mine Inspector 1963-1973 Magma Cooper Company, Superior, AZ Supervisor -Foreman REFERENCES: Jake DeHerrera - (303)231-5465 Robert Friend - (303)231-5465 411178 - 10/1/97 11/24/74 - 4/1/78 11/15/73 - 11/24/74 u OUli i Retired from Mine Safety and Health Administration October 1997 and have been doing consulting work for two years. Certified training instructor for the following: First Aid Part 48 Surface Part 48 Underground Part 46 Surface - New regulations Mine Emergency Self - Rescuer Mine Rescue Consulting work consisted of the following: Conduct - Dust surveys full shift Conduct - Noise surveys full shift Conduct - Opacity reading - certified Tested every 6 month - State EPA Conduct inspections according to MSHA regulations Set-up safety programs for mining companies Safety Director for Roaring Fork Aggregates - Carbondale, Co, Working 4 to 6 days a month. Train employees, investigate accidents, conduct inspections and write reports. Interested in Safety Directors position for full time employment. uuOu11 1 § 25-11-303 Note 3 welfare from potential radiation health haz- ards of the uranium mill tailings, was an issue of necessity, within the authority of the state as the condemning authority, and its decision would not be disturbed by the courts where there was no evidence that state or federal government had acted in bad faith. Depart- ment of Health, State of Colo. v. Hecla Min. Co., App.1989, 781 P.2d 122. Condemnation authority must be expressly or impliedly delegated by the legislature. The "Radiation Control Act" does not contain such expressed or implied delegation of authority to the department; and in its absence, the depart - HEALTH meat does not have the power of eminent domain for UMTRAP purposes. A statutory amendment to § 25-11-303 would be required to confer such condemnation authority upon the department. Even if the department had condemnation authority, there is nonetheless a stated policy preference for acquisition of property by negotiated purchase where a state agency is to acquire real property for a pro- gram or project for which federal financial assistance will be available to pay all or any part of the cost of such program or project. Section 24-56-117, C.R.S. (1982). AG File No. ONR8500799/AOF February 28, 1985. § 25-11-304. Financial participation (1) The general assembly accepts the provisions of section 107(a) of Public Law 95-604 " requiring the state to pay ten percent of the actual cost of any 'remedial action and administrative costs from nonfederal moneys. (2) The state of Colorado may receive a share of the net profits derived from the recovery of minerals from residual radioactive materials at any designated processing site within the state in accordance with the provisions of section 108(b) of Public Law 95-604.2 (Laws 1979, H.B.1509, § 1.) 1 42 § 7917(a). 2 42 LU.S.C.A. § 7918(b). § 25-11-305. Restriction—termination (1) Nothing in this part 3 shall supersede the provisions of part 1 of this article. (2) The authority to participate in federal implementation of remedial. actions at designated processing sites shall terminate at such time as the authority of the federal government to perform remedial action terminates under the provisions of section 112(a) of Public Law 95-604.1 (Laws 1979, H.B.1509, § 1.) 1 42. t1.S.c.A.. § 7922(a). Section 25-12-101. 25-12-102. 25-12-103. 25-12-104. 25-12-105. 25-12-106. 25-12-107. 25-12-108. ARTICLE 12 Noise Abatement Legislative declaration. Definitions. Maximum permissible noise levels. Action to abate. Violation of injunction—penalty. Noise restrictions—sale of new vehicles. Powers of local authorities. Preemption. 526 NOISE ABATEMENT § 25-12-102 Cross References Abatement of public nuisances, see § 16-13-301 et seq. County noise abatement, see § 30-15-401. Code of Regulations References Noise From motor vehicles, measurement, see 1 CCR 204-4. Library References Health and Environment 42=25.8. WESTLAW Topic No. 199. Health and Environment §§ 61, 129, 137. Colorado Personal Injury Practice, Vol. 7 (1989), Miller, § 25.2. WESTLAW Electronic Research Colorado Environmental Cases are available on WESTLAW Database: COENV-CS. United States Code Annotated Noise control. see 42 U.S.C.A. § 4901 et seq. Noise Pollution and Abatement Act of 1970, see 42 U.S.C.A. §§ 1858, 1858a. § 25-12-101. Legislative declaration The general assembly finds and declares that noise is a major source of environmental pollution which represents a threat to the serenity and quality of life in the state of Colorado. Excess noise often has an adverse physiologi- cal and psychological effect on human beings, thus contributing to an eco- nomic loss to the community. Accordingly, it is the policy of the general assembly to establish statewide standards for noise level limits for various time periods and areas. Noise in excess of the limits provided in this article constitutes a public nuisance. (Laws 1971, S.S.197, § 1.) Prior Compilations: C.R.S.1963, § 66-35-1. Construction and application 1 Notes of Decisions not proscribe residential development of prop- erty impacted by excessive noise; thus, trial court erred in holding that statute precluded residential development when noise emanating onto property exceeded statutory limits and in concluding that statute was confiscatory in na- ture as applied to property for which owners unsuccessfully sought zoning change. Einar - sen v. City of Wheat Ridge, 1979. 604 P.2d 691, 43 Colo.App. 232. 1. Construction and application Construction and operation of public high- way are not activities which can be abated as a public nuisance. City of Lakewood v. DeRoos, App,1981, 631 P.2d 1140. Noise abatement statute applies to noise ra- diating from a property line, but statute does § 25-12-102. Definitions As used in this article, unless the context otherwise requires: (1) "Commercial zone" means: (a) An area where offices, clinics, and the facilities needed to serve them are located; (b) An area with local shopping and service establishments located within walking distances of the residents served; as co+ost,vw o.—, e 527 UiUU119 § 25-12-102 HEALTH (c) A tourist -oriented area where hotels, motels, and gasoline stations are located; (d) A large integrated regional shopping center; (e) A business strip along a main street containing offices, retail businesses, and commercial enterprises; (f) A central business district; or (g) A commercially dominated area with multiple -unit dwellings. (2) "db(A)" means sound levels in decibels measured on the "A" scale of a standard sound level meter having characteristics defined by the American national standards institute, publication SIA --1971. (3) "Decibel" is a unit used to express the magnitude of a change in sound level. The difference in decibels between two sound pressure levels is twenty times the common logarithm of their ratio. In sound pressure measurements sound levels are defined as twenty times the common logarithm of the ratio of that sound pressure level to a reference level of 2 X 10-5 N/m2 (New- ton's/meter squared). As an example of the effect of the formula, a three -dec- ibel change is a one hundred percent increase or decrease in the sound level, and a ten -decibel change is a one thousand percent increase or decrease in the sound level. (4) "Industrial zone" means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity but shall not include agricultural operations. (5) "Light industrial and commercial zone" means: (a) An area containing clean and quiet research laboratories; (b) An area containing light industrial activities which are clean and quiet; (c) An area containing warehousing; or (d) An area in which other activities are conducted where the general environment is free from concentrated industrial activity. (6) "Residential zone" means an area of single-family or multifamily dwell- ings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple -unit dwellings, high-rise apartment dis- tricts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. "Residential zone" includes hospitals, nurs- ing homes, and similar institutional facilities. (Laws 1971, S.B.197, § 1; Laws 1973, H.B.1627, § 47; Laws 1986, S.B.12, § 121.) Prior Compilations: C.RS.1963, § 66-35-2. Notes of Decisions Decibel measurement 1 Residential zoning 2 1. Decibel measurement Compliance with American rational Stan- dards institute standard was sufficient to per - 528 NOISE ABATEMENT mit use of noise level measuring device to establish that shooting range constituted public nuisance pursuant to C.R.S. 25-12-102(2), de- fining o-fining decibel requirement as meaning sound levels of decibels measured on meter having characteristics defined by ANSI publication and approved by the state Industrial Commis- sion, where there was no evidence that the Commission ever adopted any standards for such measuring devices.—Davis v. Izaak Wal- ton League of America, App.1985, 717 P.2d 984. Evidence supported findings that "impulse mode" was proper method for determining whether level of noises emanating from shoot- ing range exceeded maximum permissible noise levels jC.R.S. 25-12-103(3)] so as to con- stitute a public nuisance and that the results of the measure used exceeded the maximum per- missible noise level; sound measuring devices operating in "impulse" measurement mode re- corded sound pressure differential of decibels in excess of permissible maximum, and expert testified that sound level meter used in mea- surement complied with statutory require- ments of C.R.S. 25-12-102(2). Davis v. Iaaak § 25-12r-103 Walton League of America, App.1985, 717 P.2d 984. 2. Residential zoning Evidence supported finding that subdivision was a "residential zone" as defined by C.R.S. 25-12-102(6), for purposes of action finding adjacent shooting range constituted public nui- sance [C.R.S. 25-12-101 et seq.]; section 25-12-102(6) defines "residential zone" as arca of single-family or multifamily dwellings, trial court exercised its opportunity to view subdivi- sion, and testimony indicated 50 families lived within one -milt radius. Davis v. Izaak Walton League of America, App.1985, 717 P.2d 984. Noise abatement statute applies to noise ra- diating from a property line, but statute does not proscribe residential development of prop- erty impacted by excessive noise; thus, trial court erred in holding that statute precluded residential development when noise emanating onto property exceeded statutory limits and in concluding that statute was confiscatory in na- ture as applied to property for which owners unsuccessfully sought zoning change. Einar - sen v. City of Wheat Ridge, 1979, 604 P.2d 691, 43 Colo.App. 232. § 25-12-103. Maximum permissible noise levels (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: Zone Residential Commercial Light industrial Industrial 7:00 a.m. to 7:00 p.m. to next 7:00 p.m. next 7:00 a.m. 55 db(A) 50 db(A) 60 db(A) 55 db(A) 70 db(A) 65 db(A) 80 db(A) 75 db(A) (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period. (3) Periodic, impulsive, or shrill noises shall be considered a public nui- sance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section. (4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control. (5) Construction projects shall be subject to the maximum permissible noise levels specified fort industrial zones for the period within which con- struction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reason- able period of time for completion of project. 529 U Gui;i § 25-12-103 HEALTH (6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maxi num permissible noise Levels specified for such zone. (7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. (8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measure- ment is not more than five miles per hour. (9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine -made snow. This subsec- tion (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (Laws 1971, S.B.197, § 1; Laws 1982, H.B.1132, § 1; Laws 1987, H.B.1340, § 1.) Prior Compilations: C.R.S.1963, § 66-35-3. Notes of Decisions Methods for determining noise level 1 1. Methods for determining noise level Evidence supported findings that "impulse mode" was proper method for determining whether level of noises emanating from shoot- ing range exceeded maximum permissible noise levels (C RS. 25-12--103(3)) so as to con- stitute a public nuisance and that the results of the measure used exceeded the maximum per- missible noise level; sound measuring devices operating in "impulse" measurement mode re- corded sound pressure differential of decibels in excess of permissible maximum, and expert testified that sound level meter used in mea- surement cornphed with statutory require- ments of C.R.S. 25-12--102(2). Davis v. Izaak Walton League of America, App.1985, 717 P.2d 984. Determination of which mode to use in de- termining whether noise exceeds permissible noise Ievels [C.R.S. 25-12-103(3)) so as to con- stitute a public nuisance is a question of fact to be determined by trier of fact by scientific testimony concerning whether sounds are im- pulsive. shrill. or periodic, and concerning what mode of measurement is proper for that sound. Davis v. lzaak Walton League of Amer- ica. App.1985, 717 P.2d 984. § 25-12-104. Action to abate Whenever there is reason to believe that a nuisance exists, as defined in section 25-12-103, any resident of the state may maintain an action in equity 530 J UU1 2 2 NOISE ABATEMENT § 25-12-105 in the district court of the judicial district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building or place in or upon which such nuisance exists from directly or indirectly maintaining or permitting such nuisance. When proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules of civil procedure. The court may stay the effect of any order issued under this section for such time as is reasonably necessary for the defendant to come into compliance with the provisions of this article. (Laws 1971, S.B.197, § L) Prior Compilations: C.R.S.1963, § 66-35-4. Activities to be abated 2 Construction and application 1 Evidence 3 Notes of Declslona lic nuisance. Davis v. Izaak Walton League of America, App.1985, 717 P.2d 984. Evidence supported finding that fugitive dust from access road to shooting range constituted public nuisance [C.RS. 25-12-101 et seq.]; when use of shooting range and clubhouse facilities were at their peak, access road car- ried over 200 cars per day, and subdivision residents adduced uncontroverted evidence of substantial dust pollution travelling from ac- cess road onto their property. Davis v. Izaak Walton. League of America, App.1985, 717 P.2d 984. Evidence supported finding that subdivision was a "residential zone" as defined by C.R.S. 25-12-102(6), for purposes of action finding adjacent shooting range constituted public nui- sance [C.R.S. 25-12-101 et seq.]; section 25-12-102(6) defines "residential zone" as area of single-family or multifamily dwellings, trial court exercised its opportunity to view subdivi- sion, and testimony indicated 50 families lived within one -mile radius. Davis v. Izaak Walton League of America. App.1985, 717 P.2d 984. Although owner might be exposed to greater amounts of noise, pollution, or traffic by pub- lic taking for additional right-of-way in connec- tion with street improvement project, such ad- verse effects were not different in kind from the effects suffered by public in general and therefore evidence pertaining to such factors were properly excluded. City of Lakewood v. DeRoos, App.1981, 631 P.2d 1140. 1. Construction and application Noise abatement statute applies to noise ra- diating from a property line, but statute does not proscribe residential development of prop- erty impacted by excessive noise; thus, trial court erred in holding that statute precluded residential development when noise emanating onto property exceeded statutory limits and in. concluding that statute was confiscatory in na- ture as applied to property for which owners unsuccessfully sought zoning change. Einar - sen v. City of Wheat Ridge, 1979, 604 P.2d 691, 43 Colo.App. 232. 2. Activities to be abated Construction and operation of public high- way are not activities which can be abated as a public nuisance. City of Lakewood v. _DeRoos, App.1981. 631 P.2d 1140. 3. Evidence League operating shooting range impliedly consented to trial of public nuisance issue re- lated to noise emanating from league's proper- ty, and thus, relief upon public nuisance theory was permissible, where league did not object to reception of evidence under public nuisance statute [C.R.S. 25-12-101 et seq.] concerning decibel of noise emanating from league's prop- erty, even though complaint did not allege pub- § 25-12-105. Violation of Injunction—penalty Any violation or disobedience of any injunction or order expressly provided for by section 25-12-104 shall be punished as a contempt of court by a fine of not less than one hundred dollars nor more than two thousand dollars. Each day in which an individual is in violation of the injunction established by the court shall constitute a separate offense. The court shall give consideration in any such case to the practical difficulties involved with respect to effecting compliance with the requirements of any order issued by the court. (Laws 1971, S.B.197, § 1.) Prior Compilations: C.R.S.1963, § 66-35-5. 531 UUJLij ,3 § 25-12-106 HEALTH § 25-12-106. Noise restrictions—sale of new vehicles (1) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle or any self-propelled vehicle designed for off-highway use and for which registration as a motor vehicle is not required which produces a maximum noise exceeding the following noise limit, at a distance of fifty feet from the center of the lane of travel or fifty feet or more from a vehicle designed for off-highway use, under test procedures established by the department of revenue: (a) Any motorcycle, including a motor -driven cycle, manufac- tured on or after July 1, 1971, and before January 1, 1973.... 88 db(A); (b) Any motorcycle, including a motor -driven cycle, manufac- tured on or after January 1, 1973 86 db(A); (c) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after July 1, 1971, and before January 1, 1973 88 db(A); (d) Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after January 1, 1973 86 db(A); (e) Any other motor vehicle manufactured on or after January 1, 1968, and before January 1, 1973 86 db(A); (f) Any other motor vehicle manufactured after January 1, 1973 84 db(A); (g) Any self-propelled vehicle designed for off-highway use and for which registration as a motor vehicle is not required, as follows: (1) Manufactured on or after January 1, 1971, and before January 1, 1973 .. 86 db(A); (II) Manufactured on or after January 1, 1973 84 db(A). (2) Test procedures for compliance with this section shall be established by the department, taking into consideration the test procedures of the society of automotive engineers. (3) Any person selling or offering for sale a motor vehicle or other vehicle in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars. (Laws 1971, S.B.197, § 1.) Prior Compilations: C.R.S.1963, § 66-35-6. Code of Regulations References Noise from motor vehicles, measurement, see 1 CCR § 25-12-107. Powers of local authorities (1) Counties or municipalities may adopt resolutions or ordinances prohib- iting the operation of motor vehicles within their respective jurisdictions which produce noise in excess of the sound levels in decibels, measured on the "A" scale on a standard sound level meter having characteristics estab- lished by the American National Standards Institute, Publication S1.4-1971, and measured. at a distance of fifty feet from the center of the lane of travel, or fifty feet or more from a vehicle designed for off-highway use and within the speed limits specified in this section: 532 u006.1a1 RECREATION LAND PRESERVATION (a) Any motor vehicle with a manufacturer's gross vehicle weight rating of six thousand pounds or more, any combination of vehicles towed by such motor vehicle, and any motor- cycle other than a motor -driven cycle: (I) Before January 1, 1973 (II) On and after January 1, 1973 (b) Any other motor vehicle or self-pro- pelled elf pro- pelled recreational vehicle primarily designed for off-highway use and for which registration as a motor vehicle is not required, and any combination of vehicles towed by such motor vehicle or self-propelled vehicle Speed limit of 35 mph or less 88 db(A) 86 db(A) Speed limit of more than 35 mph but less than 55 mph 90 db(A) 90 db(A) 82 db(A) 86 db(A) (2) The governing board shall adopt resolutions establishing any test proce- dures deemed necessary. (3) This section applies to the total noise from a vehicle or combination of vehicles. (4) For the purpose of this section, a truck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the manufacturer's name and manufacturer's gross vehicle weight rating shall be considered as having a manufacturer's gross vehicle weight rating of six thousand pounds or more if the unladen weight is more than five thousand pounds. (Laws 1971, S.B.197, § 1; Laws 1973, H.B.1627, § 48.) Prior Compilations: C.R.S.1963, § 66-35-7. Law Review Commentaries Land Use Legislation: H.B.1034 and H.B. 1041. Michael D. White and Raymond L. Pet- ros, 6 Colo.Law. 1686 (Oct. 1977). § 25-12-108. Preemption The provisions of this article shall not be construed to preempt or limit the authority of any municipality or county to adopt standards which are no less restrictive than the provisions of this article. (Laws 1971, S.B.197, § 1; Laws 1988, S.B.54, § 2.) Prior Compilations: C.R.S.1963, § 66-35-8. ARTICLE 13 Recreation Land Preservation Section 25-13-101. Short title. 25-13-102. Legislative declaration. 533 SECTION IV DUST REPORT uUOU1'LG AYR POLLUTION TESTING, INC. DENVER, SALT LAKE CITY March 2, 2000 Mr. Glenn Harsh Western Slope Aggregate PO Box 910 Carbondale, CO 81623 Dear Mr. Harsh: Air Pollution Testing, Inc. (APT) was contracted to perform EPA Method 9 observations for visible emissions (opacity) at the Western Slope Aggregate facility near Carbondale, Colorado. The emission points monitored at the facility included a Cedar Rapids 54" Cone Crusher, the drop into the cone crusher, a Cedar Rapids 6x20 Screen, and the drop into the screen. The observations demonstrate compliance with the Colorado Department of Public Health and Environment (CDPHE) requirements. Copies of the field data sheets and observer certification are also enclosed. The table below shows the opacities observed at the affected sources. Results Table: Western Slope Aggregate - EPA Method 9 Observations Test Date - March 1, 2000 Emission Points Observation Period Average Opacity Required Opacity Standard Cedar Rapids 54" Cone Crusher 60 Min. 0.0% 20% Drop Into Cone Crusher 60 Min. 0.0% 20% Cedar Rapids 6x20 Screen 60 Min. 1.0% 20% Drop Into 6x20 Screen 60 Min. 0.0% 20% We look forward to working with Western Slope Aggregate in the future. If there are any questions or comments, please call us at (303) 420-5949 or (800) 268-6213. Regards, tt Patefield Certified Observer DENVER OFFICE 12421 W. 49th Ave., Unit 1 Wheat Ridge, CO 80033 (303) 420-5949 FAX (303) 420-5920 (800) 268-6213 Appendix 1 Field Data U001 '4,8 i OLLUTION TESTING, INCORPORATED UIETHOD 9 -- VISIBLE EMISSIONS OBSERVATION FORM ca Name 33 ;11.--521r/i4 SLS; Observation Date c. mr. 1 see 4 l5 0 30 0 start Time • 45 0 t o ss Equipment r. sol Equipment Statty° Zip Source lD Number Operating Moll nor- .N 4 I Operating Mode zri e E soon dint Z e!% rets S ;ht above ground level ance From Observer critic Emissions d Color ble Water Vapor Present? e s /2' S/ Inclinometer Reading If Present Attached Detached nt In The Plume at Which Opacity Was OeterTined 2 3 4 6 C` e) 7 8 9 0 10 11 12 0 0 0 0 () (7) 0 V 6 0 0 0 C) ' 0 O 0 Comment Stop Time i.3 Y.G 'critic Plume Background /x✓e/ r+ 13 ( 0 0 td Speed d abient Temperature _ _a Wind Directidn From Wet Bulb Temp )TES:0 Stack or Point Being Read, al Wind Direction From , 33 Observer cation, eSunLocation,J5 NorthArrow,lb Other Stacks • 0 Q 16 17 18 C C) 0 19 c) 20 (") 21 22 C) Q c 0 Ic�I0 Q 0 1 0 23 24 25 0 C 0 26 C 27 0 0 I0 a c3 0 28 0 C' 29 0 0 0 0 30 G have received a copy of these opacity observations. '.int Name. UUOU1 i iignature: itle Date Range of Opacity Minimum(7>f.taximum Print Observer's Name �.� I _ fr Organization Date OLLUTION TESTING, INCORPORATED METHOD 9 -- VISIBLE EMISSIONS OBSERVATION FORM :e Name 1445/1 Observation Date est min sec 0 15 30 Start Time • 45 Comments Stop Tim■ State Q Zip 1e Source ID Number 2 3 G :ss Equipment °ol Equipment - I fl { _L�i11•' Operating Mode Operating Mode 4 11 5 ribe Emission Point hl above ground level .nee From Observer Inclinometer Reading 6 U 0 7 �J 0 8 0 0 :ribe Emissions & Color ate Water Vapor Present? as No 11 Present Attached Detached It In The Plume al Which Opacity Was Determined 9 Q 0 10 0 11 0 Q 12 o Q cribe Plume Background d Speed bient Temperature Wind Direction Ftom Wet Bulb Temp ,TES: Q Stack car Point Being Read, (2)Wind Direction From , Observer cation, °Sun Location, 0 North Arrow,t Other Stacks 13 G 14 C7 Q 15 16 17 18 19 Q C / 20 6) 21 Q V 0 i 0 Q o 26 27 d 28 29 Q 6 0 c 30 0 lave received a copy of these opacity observations. -int Name: ignature: Date Range of Opacity Minimum Print Observer's Name taa'rmum Observer's Signature Organization Date ,1747 OLLUTION TESTING, INCORPORATED AETHOD 9 -VISIBLE EMISSIONS OBSERVATION FORM :e Name ''+e1✓! S�/e„...6,/e,7, [ Observation 3 sec mars ate ii/c23 o 0 15 30 Slart Time /3 ' 45 . 7 . Comments Stop Tim. / .” « :ss O 6-2)(9/61 'r r�/ ( �J (3 e, Aotida lie StatLe) ,_ M3 2 U 0 e Source ID Number 0 =ss Equipment Operating Mode •ol Equipment Operating Mode 5 0r j (2) G ribe Emission Point,rf �a 'C — c a�cvr— f %rbc,, (r) 0 0 ht above ground level f / Inclinometer Reading 7 0 ( 0 nce From Observer , 0 G ;ribe Emissions G Color i ale Water Vapor Present? ss If Present Attached Detached11 10 0 0 r� (0 ,�t J t/p�� 0 0 tt In The Plume at Ylhich Opacity Was Determined r _ 4,7 / { /0/4 7 Jlc[� 12 13 LJ 61 U' U' 0 tribe Plume Background ci'GtVC( I /Wind d Speed �y j Direction From: J L.LI 14 �'` i..J;, c c tient Temperature ._ r 41 5 Wet Bulb Temp 15 TES: (D Stack or Point Being Read, 2JW}nd Direction From ,(,�3 Observer ration, 0 Sun Location, d North Arrow,® Other Stacks Ot 16 L�I{ Q 0 17 0 CD G G 18 0 0 C CD 19 a 0 0 0 20 C3 p 0 Q. 21 Q D 0 0 22 i 0 0 Q a 23 (3 0 0 0 24 G C3 0 25 ' 0 U C0 26 C U' 0 27 [ Cj 3 (2) 28 G C Q 29 0 0 0 30 0 C G Range of Opacity r.Iinimum hlaxinun4Z) _ lave received a copy of these opacity observations. -Int Name: {1 ff� -�' V EJ 11 .L3 1 ignature: Print Observer's Namer ..5---c 77— fg c,C Observer's Signature/Date %� J/'�/!I�{(rj Cdp ilia Date Organization / 1 DLLUTION TESTING, INCORPORATED +IETHOD 9 -- VISIBLE EMISSIONS OBSERVATION FORM :a Name Observation Date Start lime Stop Time i 4,/,'4/ ad MI S°c MIR 6 75 30 45 ' Comments 1 (3 0 0 C3 State Zip 0 411 C3 Source ID Number 3 :ss Equipment Operating Mode 4 V c lJ of Equipment Operating Mode 5 ribs Emission Point 6 l0 0 6 ht above ground level Inclinometer Reading 7 Vis} nee From Observer 8 0 0 0 0 ribs Emissions & Color o n Ile Water Vapor Present? is No If Present Attached Detached 10 11 Q ja 10 y LJ t In The Plume at Which Opacity Was Determined 12 s() 1 0 cribs Plume Background 13/t., t� J Speed Wind Direction From 14 Q Q 0 tient Temperature Wet Bulb Temp 1 TES: QStack or Point B zing Read, Q Wind Direction From CI Observer ration, 0 Sun Locaticn,{9 Norh Arrow,® Other Stacks 16 c C t f N 17 C 0 S 0 18 0 C fa 0 a) Q 0 20 0e....) 0 0 21 ( Q 0 22 CJ .0 O b C 23 Q D 0 D 24 63 0 d C, 25 0 t C 0 26 D 0 Io 27 0 C 0 0 28 C C) Q 29 0 c 011 0 31a ( 0' 0 10 Range ofOpacity Minimum 0 Maximum Print Observer's Name Observer's Signature Date j J 5 ave received acopy of these opacity observations. int Name:] ^ ULIGU"' " L. gnature: r Q c its Data Organization POLLUTION TESTING, INCORPORATED METHOD 9 —VISIBLE EMISSIONS OBSERVATION FORM ircaName (.57a/ 48- J,)rC-2a-fes Observation min ate, ��o E7 � 5 3R Start Time I2: 45 � Comments Slop Time /3: Y -____241/"jCrA tress Ale)'7/6sac 1 0 d 0 C3 f (Oil c e4 G' / State „ G Zip ! �I� 3 2 C I c_�, ane Source ID Number , 0 o c: cess Equipment Operating Mode• itrol Equipment Operating Mode 5 0 scr be Er2issioniPoint 4 6 0 Dy 0 ight above ground level it3,--,r Inclinometer Reading 7 0 e-) e) 63 tance From Observer 50, 8 7 C, c c scribe Emissions & Color 1 ,,, rJv1 .a-lKs " 9 0 0 I c:) oible Water Vapor Present? Yesfd' tf Present Attached Detached 10 (7) ^� c 11 U � C.) (` C...) .int In Th._ , ume at Which Opacity Was Determined `,) .A.7"/- .�f --1 t,r_2'.rfc{� 12<J �l c.,.J 0 ascribe P:-_ �e Background �j �r: fat ,? / 1 3 � ) 0 ✓ rid Speed C i Wind Direction From 07 til 14 D nbieniTemperature, . Wet Bulb Temp 15 C) r, 0 CITES; ® Stack or Point Beingr�^�Read, Q Wind Direction From +cation, Sun Location, North Arrow,® Other Stacks 4i�, 0 'T .� [ (s___,____,) ,Q Observer -y } 16 0 0 17 CJ C3 5 0 18 5— {) c 0 19 C C . 0 o.0 0 0 21 0 22 CD S~ u c 23 J 0 0 G 24 C 25 '% 0 JT d 26 0 0 () 0 27 05 C C' . 28 28 0 C. 0 29 0 p ' 0 30 ‘ 0 CJ Range of Opacity t.tinimum (5 Maximum ..`} Print Observer's Name �iir ,,/ Signa'Fvre __--, pate f / :rte-- -3///0G i have received a copy of these opacity observations. --int Name: U 0 1 3 •' 00.JObserver's Signature: Organization Title Date OLLUTION TESTING, INCORPORATED VIETHOD 9 —VISIBLE EMISSIONS OBSERVATION FORM ct NameObservation ?.f% C t• 3 ac Start Time •Stop /2; t`6 Tim■ /3. <_ ess sec min tis n 45 Comments Comments 5 State Zip 2 ne Source 10 r{umber 3 t ess Equipment Operating Mode 4 roI Equipment Operating Mode 5 :ribe Emission point / ht above ground level Inclinometer Reading 7 /7, (/ 0 yf ince From Observer C I 0, 0 :rite Emissions & Color 9 1 Jle Water Vapor Present? No 11 Present Attached Detached 10 V / r [� 0 11 6es 3�—i S it In The Plume at Which Opacity Was Determined 12 v Cr cribc Piume Background 13 )� d Speed Wind Direction From 14 /x 0 c S' 5ientTemperature Wet Bulb Temp 15 ( 0 U TES: ® Stack or Point Being Read, l0 Wind Direction From ,f Observer :ation, @Sun Location, North Arrow, {5} Other Stacks 0 16 (p J _ S G r t 17 (7 5 f 10 18 0 C 0 d 19 0 e 0 C] 20 0 j tom` 21 J () () 5 22 0 Q 0 0 23 24 0 0 6 d 25 i 0 G 6-- 26 26 {j 0 6 - a) 27 5 0 S 28 [0 Q 29 0 Q 30 Cr Q Q flange of Opacity Minimum 0 !Maximum - ave received a copy of these opacity observations. int Name: I ; f. r [ v , 1 Lr }u1 U gnalure: Print Observer's Name , Observer's Signature Date � _ 0/(1 a Ile Date Organization 'OLLtJTION TESTING, INCORPORATED METHOD 9 ---VISIBLE EMISSIONS OBSERVATION FORM co NameObservatiop 4.) 5- c _ Dae DCS_ 3/// Start me Time /2 ' Stop Time 13_' f'- •ess /00 L.L^• fir,, x 4,25 miseC n 0 15 3045 Comments ' n, e., / 7ct QIP[st?„.0 1 zap' Z 3 2 G C (f..) C3 ne Source ID Number 0 c.3 0 C) ess EquipmentOperating i/avis-fc:/ fi htod /Of /14f C C) 0 y C trot Equipment Operating Mode 5 C 0 crib Emission P int / —7-2,-,/ ++� i ,st ricer — e X 2 .Sc leev I_ 6 7 �. lJ c (.J c? (;_) 3 U _ ght above ground trvel , 7/ inclinometer Reading ante From Observer '' 8 () U , tribe Emissions d Color LI �}' IJ t6.+Jl'l Fi. 9 0 0 U 0 We Water Vapor Present? / „.r� If Present Attached Detached 10 (3 0 c 11 ) 0 `...' ` .) nt In The Plume at Which Opacity Was Determined 12 y tcribe Plume Background e-- fa Lief 107+- 13 (% G �.+,n., ' Td Speed Wind Direction From 1 4 0 bient 7ernperature3 Wel Bulb Tamp 15 0 0 0 )TES: 0 Stack or Point Being Read, dQWind Direction From ,Q Observer cation,s01Sun Location,0 North. Arrow,® Other Stacks L) 0 0 16 c — - 17 0 C %.J - C) r 18 0 6 0 Q 19[� Q 0 20 0 1 0 21 e) e) C C 22 C) O 23 u CU 24 c% 0 C} I c 25 0 C.) 0. C 26 0 0 co 0 27 (: C� 28 0 [) 0 0 29 0 0 d cJ 30 6 c 0 Range of Opacity a Minimum L/ Maximum 0 15 ve received a copy of these opacity observations. Int Name: { � (, r .- L' U ti 1, ! O DObserver's ignature: Print Observer's Name A a g Signature Date 3 j rya me Date Organization OLLUTION TESTING, INCORPORATED 11ETHOD 9 —VISIBLE EMISSIONS OBSERVATION FORM aeNarne • Observation toStartTima ,32,0 00 • / a: 6 . Stop lime /3 :42/4 tss sec mtn Q 15 Dp 45 Comments 1 0 0 c 0 State Zip2 L J 3 Q ,e Source ID Number 3 0 0 ass Equipment Operating Mode 4 roI Equipment Operating Mode J ripe Emission point 7lcT ✓i S4` Cl C04 Cir P'bf - t 20 tfr. [fl! 6 7 (.) 7 C Q G 9 ht above ground level lnclinometerReading nce From Observer 8 tibia Emissions & Color g ,g 1 0 :le Water Vapor Present? rs No It Present Attached Detached 10 I C0 c2 11 0 C3 0 r 1 41 1 In The Plume at Which Opacity Was Determined 12 cribs Flume Background 13 ] Speed Wind Direction From 14 / *, .J �yr� (J �--r C5 )lent Temperature Wet Bulb Temp 15 0Q _ TES: a Stack or Point Being Read. ©Wind Direction From ,0 Observer :ation,OSun Location,®S North Arrow, &} Other Stacks 16 C> - -- Q 0 1 C,, 17 ef, - Q C3 16 C (> 19 eri C d 20 0 C3 Q 21 5 C ('), 22 ) C, a 0 23 iL.. C= 0 24 0 0) 25 3 c3 t 25 0 C d C3 27 tJ . 28 Q 0 0 (.3 29 65 o0 0 30 63C: G Range of Opacity Minimum � f.tMaximum ave received a copy of these opacity observations. nl Name: U if (Jb r.r L1 inature: Print Observer's flame Observer's Signature Date 37r/e7C) Organization le Date Appendix 2 Observer Certificate VISIBLE EMISSIONS EVALUATOR This is 10 certify that Scott Patefk&( met the specifications of Federal Reference Method 9 and qualified as a visible emissions evaluator, Maximum deviation on white and black smoke did not exceed 7.5% opacity and no single error exceeding 15% opacity was incurred during the certification test conducted by Eastern Technical Associates of Raleigh, North Carolina. This certificate is valid for six months from date of issue. 274164 Denver, Colorado Certificate Number October 20,1999 Location Date of issue Director Training u0D0LD8 Opm1.0.11. -01040K-,v4-404,4404viogozotaiw; COLORADO DEPARTMENT 0 AIR POLLUTION CONTROL DIVISION HO NE (36) 692-3150: PERMIT NO: it-CrtriT 4 ' 6 P ,:z -- ''' -7- . DATE ISSUED: OCTOBER 10, '200u' a fil'AS' 1 NAL APPROVAL ' ISSUED TO: WESTERN SLOPE AGGREGATES, IN THE SOURCE TO WHICH THISPEIMIT AfpLIESIS.,,DESTRpap,,,,...i.,.pti::pctipp ASF9k.poys; a Portable equipment home based 0242 County Road 104, e''_' r' o-': de-IeColora.o ' " Ti. .*..'V''Ylto-IV,V.A.ksf-AW.14....VIrti.,,,:. -: ' ' ,r-.. '• 4 P,'-.'.. ••• (11: 6 l THE SPECIFIC EQUIPMENT oitACTIV in SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING:, _ . , , •,,T...Nrk, ,.- , = ...1-..'„J ,z.v%•,:j..147.1.r1ZatL4-1- tke ' 3N,1'1.1-104;1.4-Maltg, ,... ''''' .7, =5 One (1) Et Jay Model: 1274, S/N:23H0587, rock crushing / screening plant. with 54" cone crusher, 6' X 16' vibrating screen, design rated at 250:tons per hour''....t..% 1..,. ,.5 , ff Aryl THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS ,OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THECOLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS *; : '1143404-44 Water sprays are used for control of emissions a particulate matter. DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 241,1,4 ,.. I- , •-' •,. i .....,7::- 1 . All previous versions of this permit are canceled upon sstlance of flits permit. ,'1; i t. - 2. Visible emissions shall not exceed'tvntypercenf (204) opacity during norma operation of the source. -,,...'.1%, . - . During periods of startup, process modification, or, adjustment of control equipment visible emissions I shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutei. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section ILA.1.21 4.) - - -- . - , • r;;,,M.:,...7, 50;:ce f.. .• • •-;`••,, t••••4...4` I,. O.' . t %•••:.:',.X. . *11A.4 'We • .1",^ :7._ 3. The permit number shall be marked on the subject equipment for ease of identification. (Reference: -- -,... .. Reg. 3, Part B, 1V.E.) (State only enforceable) .g.-:5V;i,.,,,,& ki.,: : -.4 1 ,. 0.7.,,,o; 1 ''' 1 ' 1117, '1",/,',T, • 4 " • . ..1,,,,,... '• .- .2.. '. V' .... , , 4,2,6),..f -7,-t. _ —_....454 ;. 4. This source shall be limited to a maximum production rate as listed below,and all other activities, operational rates and numbers of equipment as statedin the application.. pipnual records of the actual production rate shall be maintained by the applicant made available to the Division for inspection upon request. (Reference Regulation 3 Part 8,111.A.4) - ,....11', •5: , , • ': %-- s• ikl, t, 4. ".0 '...,.. • - . '=-, ' ' -. ''' `‘'`-te 'r.40.7.1.4"( iii747 '''' ' v* -",*,$,VCA: f.,..- '' ---- - - Crushing and screening of rock /aggregates / gravel Shall not exceed 500,000 tons per year.„ ..,0, , . .- . ,..; . ...,, -.: -,4•44-rits4;,,,-411:clo.01MOnlaitf#47Z.-ViteffaitEM4iiefOk' ..".:'' '':- ' ' . . 5. Each time this equipment is moved to a new location within the State of Colorado the owner or operator shall file a Relocation Notice. Such notice shall be received by the Division at least ten (10) days prior 777/13721001 .... , . to the change in location. The TeIocat7 Notice"'s,,h,:11_ include azi,„,,,fa,,c,i,li!‘,e_r•nis, vsieorniliniv9e9ntory 'of all emission units at the site. (Reference: Regulation 3, Part A,11.C.1.f and Part TIME.) rtO i !_e,,,,` ... . ,.-„' N',.• ,”' . ,- ,,•Pylih,7.6.314"4-A;7 ....r,_ ..,.. . . • , 1 F • f .. 4 - ni.1 'St .., ,' ' ..,,,t' .• - ; . ' ‘;', ::71 .r. . , . , • • k, mt . , •Iir ; ' : 101,1t • r - ' ' ' X, I'lti CO `ORADO QEPARTMEN; UB fC .tt. ,yam„ dIF�^hi•.:Y.^n .r w AIRwPOLUTIONCONTRtNhOt'L DIVISION TELEPH—ONE313062-3'15Q ►-.. PERMIT NO: 99PO0131 OCTOBER 3, 2000 . DATE ISSUED: WESTERNr SLOPE AGGREGATL THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: JJ 44— , '_1 /.r -,:'.1{ art R �t '.M !� b p. . ' w 1� YRc Portable equipment home-based at 0242 County Roo! 104, Ca,aar;�bondale, Colorado THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: .,,,,,,, 'au?3 'I`, 0.Y � s rt• t .anis ,il.q. + 4. One (1) Cedarapids, Model: 2248, SIN 44616. Jaw crusher, design rated at 350 tons er hour. *• THIS PERMIT 15 GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADOAIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et sell), TO THOSE GENERAL' TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS „� "'"'; e 1 All previous versions of this permit are canct.I d upon Issuance of 'this permit. 2. Visible emissions shall not exceed twenty percent (2O%) opacity during normal operation of the source During periods of startup; process modification, ar adjustment of control equipment visible emissions-= . shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section 11.10.81 4.y --h.--; '-'41‘ . -3• . *+yams` 'e. '- g 3. The permit number shall be marked on the sub equipment for ease of identification. (Reference: Reg. 3, Part B, 111-E-) (state only enforceable) �' .: Vis' , {y.• •.: This source shall be limited to a maximum production rate as listed below and all other activities ' ; operational rates and numbers of equipment as stated in the application. Annual records of the actual production rate shall be maintained by the applicafit'and made available to the Division for inspection upon request. (Reference Regulation 3, Part B,IIIA 4) 'r Crushing of rock / aggregates 1 gravel shall not exceed 500,000 tons per year, ,- � � arm ma Each time, this equipmentis moiled to a new location within the State of Coiorado the owner or operator shall file a Relocation Notice. Such notice shall be received by the Division at least ten (10) days prior to the change in location. •The Relocation Notice shall include a facility emission inventory of all emission units at the site. (Reference: Regulation 3, Part A,11.C.1.f and Part B.IV.E.) ±,;a.,� 5 'i SECTION V SPILL PREVENTION, CONTROL AND COUNTERMEASURE PLAN u000141 SPILL PREVENTION, CONTROL AND COUNTERMEASURE PLAN Western slope Aggregates, Inc P.O. Box 910 Carbondale, Colorado 81623 (970) 963-2296 CONTACT: Glen Harsh BULK FUEL STORAGE SPCC PLAN FIRE PROTECTION DISTRICT: Burning Mountain Fire Protection District 731 W. Main Street New Castle, CO 81647 (970) 984-3412 PREPARED BY: JEROME GAMBA & ASSOCIATES, Inc. P.O. BOX 1458 Glenwood Springs, CO 81602 (970) 945-2550 UUOUl42 Z Western Slope Aggregates, Inc TABLE OF CONTENTS CERTIFICATION SPILL HISTORY Pg. 1 SPILL PREDICTION SECONDARY CONTAINMENT CONTINGENCY PLAN Pg. 2 FACILITY DRAINAGE BULK STORAGE TANKS Pg. 3 FACILITY TRANSFER OPERATION PERSONNEL Pg. 4 DESCRIPTION OF FACILITY Pg. 5 RECOMMENDED FACILITY SITE IMPROVEMENTS SITE PLAN Pg. 7 DETAIL SHEET Pg. 8 Appendix A Pg. 9 Appendix B Pg. 11 Appendix C Pg. 13 Appendix D Pg. 15 Appendix E Pg. 17 Appendix F Pg. 19 S.P.C.C. PLAN 000U14:3 Pagel Western Slope Aggregates, Inc Facility Contact: Glen Harsh Facility Name: Western Slope Aggregates, Inc. Location: Peterson Gravel Pit Mailing Address: P.O. Box 910 City, State, Zip: Carbondale, Colorado 81623 Owner Contact: Brent Peterson Owner Name: same Mailing Address: 35960 River Frontage Road City, State, Zip: New Castle, Colorado 81647 Facility Type: Bulk Storage Date Facility Started Operations: New Daily Throughput: 17-11=7771an177e7.n7,17iemente as herein described. Management Signature Date Name (printed) Title I hereby certify that I have examined the facility, and being familiar with the provisions of 40 CFR, Part 112, attest that this SPCC Plan has been prepared in accordance with good engineering practices. Robert W. Pennington, P.E. 29323 (seal) S.P.C.C. PLAN Date: uU0U144 Page ii Western Slope Aggregates, Inc SPILL HISTORY No spill reported to date. SPILL PREDICTION Tank Failures: Tank failure due to overflow, rupture or leakage due to piping and fittings, are the most prominent types of failure at this type of bulk storage facility. Worse case scenario would be a tank rupture due to overfilling. The total quantity of such a spill would be limited to the total volume of the individual bulk storage tanks and the quantity of the delivery truck transport compartment less the amount pumped into the bulk storage tanks. Leakage from tank fittings would be limited to the amount of fuel in the bulk storage tank. Spill due to improper loading from tanker truck to bulk storage tank: This type of spall would be limited to the delivery tankers largest compartment volume. General direction of flow would be toward the Southwest corner of the property. The storm water is channeled to the Colorado River. See Existing Site Map on page 7 . SECONDARY CONTAINMENT: Secondary Containment is calculated according to 40 CFR Part 112. Storage Tank 1: REQUIRED CONTAINMENT VOLUME: 110% of largest storage tank volume 1,000 gallons x 1.1 = 1,100 gallons 1. Minimum Containment Volume (cu.ft.) Required volume x 0.1337 cu.ft/gal. 1,100 gallons x 0.1337 = 147.07 cu.ft. 2. Available Diked Area: 9 ft. x 12 ft. = 108 sq.ft. Therefore: Height of Gravel Dike (h)= (Min. Containment Vol./ Avail. Dike Area) 147.07/ 108 = 1.30 ft. USE 1.5 ft. Dike height S.P.C.C. PLAN Page 1 u`t 0u14 Western Slope Aggregates, Inc Storage Tank 2: REQUIRED CONTAINMENT VOLUME: 110% of largest storage tank volume 500 gallons x 1.1 = 550 gallons 1. Minimum Containment Volume (cu.ft.) Required volume x 0.1337 cu.ft/gal. 550 gallons x 0.1337 = 73.54 cu.ft. 2. Available Diked Area: 7 ft. x 8 ft. = 56 sq.ft. Therefore: Height of Gravel Dike (h) (Min. Containment Vol./ Avail. Dike Area) 73.54/ 56 — 1.31 ft. USE 1.5 ft. Dike height See Detail Sheet on page 8 . Drainage of storm water from the bermed area shall be accomplished by means of creating a drainage way in the bermed area with a shovel. Repair berm to previous condition after accumulated storm water has drained from the containment area. AH valves shall remain locked at all times except during the drainage process. Valves shall be manually operated valves only. Valves shall be opened only after visual inspection of the accumulated water for the presence of any petroleum product by competent facility personnel, If petroleum products are found to be in the water of any containment area, the water shall be removed from the containment area by means of a pump and disposed of properly. Records shall be kept regarding drainage events in Appendix D. CONTINGENCY PLAN: In the event of an accidental spill, all motors and electricity shall be immediately turned off. Call the local Fire Protection District @ (970) 984-2956 to report spill. Inspect the bermed area for any release of petroleum products outside the bermed area and along any drainage channels. If a release of petroleum outside of the bermed area is discovered, place absorbent pillows in the area of the material until it has been completely absorbed by the pillows. If it is the opinion of any personnel at the site during the spill that there is eminent danger to S.P.C.C. PLAN Page 2 uUOUI46 Western Slope Aggregates, Inc personnel„ all personnel shall be removed from the area and further response action shall be at the instruction of the responding Fire Protection District. Follow posted procedures for reporting such events to the E.P.A. as instructed in Appendix F. The SPCC Plan shall be reviewed on a regularly scheduled basis or when the facility has been modified which would alter the implementation of the current SPCC Plan. Reviews shall be recorded on the form illustrated in Appendix A. Facility Drainage The overall storm drainage of the facility appears to drain toward the Southwest corner of the facility. Drainage from the bulk storage facility areas also drains toward the Southwest corner of the faculty See Site Plan on page 7 . BULK STORAGE TANKS a. All bulk storage tanks are reported to be compatible with materials stored. 1,000 gallon tank contains Diesel fuel. (Class II material) 500 gallon tank contains Diesel fuel.(Class 11 material) b. The main outlet valve on each tank shall be locked in the closed position at all times except during loading and unloading operations. c. The main line used during the loading of the bulk storage tanks shall remain locked at all times except during loading operations. d. Tank volume is determined by 'dip stick' measurement and hand calculations. e. Venting capacity shall be suitable for fill and withdrawal rates according to the Aboveground Storage Tank Regulations of Colorado. (AST.31.5 & AST.31.6) f. Visual inspections of the bulk storage tanks and fittings shall be performed by competent personnel on a regularly scheduled basis and recorded on the form illustrated in Appendix E. S.P.C.C. PLAN U U 0 U i 4 7 Page 3 Western Slope Aggregates, Inc FACILTY TRANSFER OPERATION a. On -Site Delivery truck loading and unloading procedures shall meet the minimum requirements and regulations as established by DOT in 49 CFR Parts 171 through 179. No loading or unloading of the bulk storage tanks shall commence until the reserves in the tank have been determined and recorded on the form illustrated in Appendix B. Loading and Unloading Containment area shall be equal to the volume of the largest compartment of any delivery truck. This volume is 2,500 gallons. Therefore, the required area for the required containment volume with a 6 inch high dirt berm is 70 feet by 20 feet, All delivery trucks shall stop completely within the containment area in case of an accidental release of fuel during loading and unloading operations. Area of containment shall be underlain by a non -pervious plastic liner, XR-5 liner by the Seaman Corporation or approved equal. Care shall be taken during the placement of the liner to prevent any holes or rips in the liner. All fueling of operational vehicles shall be recorded on the form illustrated in Appendix C. Records can then be cross checked to determine if any leakage has occurred. Drainage of storm water from the bermed area shall be accomplished by means of creating a drainage way in the bermed area with a shovel. Repair berm to previous condition after accumulated storm water has drained from the containment area. The berm may be breached only after visual inspection of the accumulated water for the presence of any petroleum product by competent facility personal. If petroleum products are found to be in the water of the loading containment area, the water shall be removed from the containment area by means of a pump and disposed of properly. Records shall be kept regarding drainage events in Appendix D. b. Off -Site Vehicles associated with this facility do riot transport petroleum products other than in the delivery vehicles operational fuel tanks. PERSONNEL All personnel shall be instructed and rehearsed in the following spill prevention and countermeasure plans: S.P.C.C. PLAN Page 4 u0Gui 48 a J Western Slope Aggregates, Inc a. No loading or unloading of the bulk storage tanks shall commence until the reserves in the tank have been determined and recorded on the form illustrated in Appendix B. b, All pumping operations shall be attended continuously. c. Warning signs shall be displayed to alert pump operators to check for proper line disconnection before transport vehicles are moved. d. All personnel shall be instructed in oil -spill prevention, containment and retrieval methods and shall be aware of the stored locations of containment materials and supplies. A dry - run drill shall be conducted for an on-site vehicular spill. e. Procedures and phone numbers shall be posted regarding the reporting of a spill to the EPA. and the Colorado Water Quality Control Commission. See Storage Tank Facility Owner/Operator Guidance Documents in Appendix F. f. Written instructions shall be given to all personnel and posted, regarding oil spill prevention and countermeasure procedures. DESCRIPTION OF FACILITY The subject facility is a gravel mining and concrete batch plant. Facility operations consist mainly of, excavation, loading and unloading and processing of aggregates. Bulk fuel storage is for re -fueling of delivery vehicles and equipment for batch plant operations. The accompanying map illustrates the property boundaries, adjacent river, on-site improvements and drainage systems. Fixed fuel storage on the site consists of the following: a. one 1,000 gallon tank (diesel fuel) b. one 500 gallon tank (diesel fuel) TOTAL: 1,500 GALLONS Other facilities on the site consist of: g. Gravel Wash Plant h. Control building and scales S.P.C.C. PLAN Page 5 uUuui4 J Western Slope Aggregates, Inc Crusher Vehicles used on the site during operation of the plant: k. Company transport trucks Diesel fuel & delivery trucks m. Personal vehicles RECOMMENDED FACILITY SITE IMPROVEMENTS The proposed bulk fuel tanks shall be commercially produced and installed by competent personnel. The facility has a wire fence surrounding the boundary and has locks on the front entrance gate. NOTE: All recommended bulk storage improvements shall be accomplished according to the manufacturers recommended standards and ABOVEGROUND STORAGE TANK REGULATIONS OF THE COLORADO DEPARTMENT OF LABOR & EMPLOYMENT, OIL INSPECTION SECTION, 7 OCR. 1101-4. Effective: September 30, 1995 S.P.CC. PLAN Page 6 00001 TOO r :5-----______---__:.,,4 __--------- ___.- I�' P- ---• — --- __- — r X� Hcru! Rood PRO } SSN AREA Stormwoter collection Enviro6erm Installation 7 _ /7». e.. —. ... _ . / 7 / / / / / / / / / / / 5coie5 // // / r1 - deo to be Mined / x Froposed 5iit Fence (3.350 LF) x / / / 'Fnv)roE erm /./ / /recr / /rata/ lcttion / //�/ A / r5t6a11ca Ion/ D 00 GO. FUEL / / / / 1 / / /— / - 77 , — f— / I •�'` / Crave i 5t cc. 7 ti / atoc47ile 'Areei Ate - A / r Gopal Road \`r;� \z' Irk /' rr rr �r rr r� rr r� r\ 0 290 19D / fr I, iA titer ,collect tine , / 1 / / / / /sw e / ` . -- - I i�+1 x/ / / / 7 / / / ! ,. -/ -, // 1^ osh/.PIon ' / 1 �` 1aa \ / Oyer—F164—X\+ is tin -9 / x . 7 / turn oo,e / /jo01 T 'Uvi/ /!itch , [' /Enviro6e'rm / lrrstaj atio/s \A A / Crusla`er , L.� 00tf1 1(No/ Sedinrrertotia7 Pa"rd ,) /' / (see cl (V/ /x41 TfencW / ,Oewtrter GRAPHIC SCALE IN FEET 1 Wpr . 200 FUIT Lima` / r 1 � w SITE PLAN DAT [ 2/17/0 SHEET J* DRAWN BY. ] DRAY 'NG NAM[ RWP !1 9g 70\BNGy.cwo Western Slope Aggregates, Inc. POST GOT 0:r BOX 910 CARBONDAKE. COLORADO e1€21 (970) 961-1296 .EROME C AMSA & ASSOCIATES, INC. aatune screws !I SIMIANSSIMIANSPOST Of 'la So..i 49a 112 yWT,. 0TRCi1 - 0 10 lit 0..w0O_0 FAwCS co.0 . ,C e• t.z; 1970 G•'- 245'_1 / f �►..�-� SF Al x coo I -- x 10 x 11-8" PLAN IDA)! No 5/ --ALE Impervious Liner X -5, CAE 41111 /%t // %// . ;`. '�%� :� /tip %� r! f / \ 7'-O" OR 9'-O" 8i -O" OR 12'-O" SonC. Bo 5 (1.2"x r& lrx 4") SFC Tf N OOEN CONTAINMENT BERM +tti< SHUT /17/00 1 O} T. DRAvr4 Y. DRAvING NAHE- RWP 99870\BNDY.dwo Western Slope Aggregates, Inc. post arnet toe 110 Gnefram z. COLW►OS7 11123 (170) 143-2291 JEROME GAMIA & ASSOCIATES, INC. CORILMO7.a tLAND inEl pass1 C4°frit{ ®as l ew iv+ wNrw trea{T - Solt 21. GL{Nwa°O SPRINGS. COcORA07 lat02 1707 1A9-39SC Western Slope Aggregates, Inc APPENDIX A SPCC PLAN REVIEW LOG S.P.C.C. PLAN Page 9 Western Slope Aggregates, Inc SPCC Plan Review Log DATE REVIEWER CHANGES S.P.C.C. PLAN Page 10 Western Slope Aggregates, Inc APPENDIX B LOADING AND UNLOADING RECORDS OF BULK STORAGE TANKS S.P.C.C.PLAN UUUU1 5 Page11 Western Slope Aggregates, Inc Loading and Unloading Records of Bulk Storage Tanks DATE INITIALS OF PERSONNEL 'DIP STICK' READING CALC. AVAIL. TOTAL AMOUNT VOLUME DELIVERED S.P.C.C. PLAN UUOu15u Page 12 Western Slope Aggregates, Inc APPENDIX C DELIVERY FROM BULK STORAGE TO FACILITY VEHICLES uOOulb S.P.C.C. PLAN Page 13 Western Slope Aggregates, Inc Delivery from Bulk Storage to Facility Vehicles DATE INITIALS MATERIAL AMOUNT DELIVERED TOTAL SINCE LAST TANK FILL S.P.C.C. PLAN -1 U 0 0 U 1 b 8 Page 14 J J Western Slope Aggregates, Inc S.P.C.C. PLAN APPENDIX D SECONDARY CONTAINMENT AREA DRAINAGE Page 15 Western Slope Aggregates, Inc SECONDARY CONTAINMENT AREA DRAINAGE RECORDS DATE INITIALS OF PERSONNEL DESC. OF WATER QUALITY DEPTH OF WATER ALL VALVES LOCKED AFTER DRAINAGE S.P.C.C. PLAN J Util0 1 u Page 16 Western Slope Aggregates, Inc APPENDIX E BULK STORAGE TANK and FITTINGS INSPECTION RECORD S.P.C.C. PLAN Page 17 uUOUj bi Western Slope Aggregates, Inc Bulk Storage Tank and Fittings Inspection Record DATE INITIALS OF PERSONNEL COMMENTS S.P.C.C. PLAN u 000 1 b 2 Page 18 Western Slope Aggregates, Inc APPENDIX F STORAGE TANK FACILITY OWNER/OPERATOR GUIDANCE DOCUMENTS S.P.C.C. PLAN 00U 3 Page 19 J J Storage Tank Facility Owner/Operator Guidance Documents For Initial Site Characterization, Second -Level Site Assessment, Use Of State Cleanup Guidelines, And Management Of Contaminated Materials Colorado Department of Labor and Employment Oil Inspection Section 1515 Arapahoe Street, Tower 3, Suite 525 Denver, Colorado 80202-2117 615-82-44-4626 July 1, 1995 UUOUI b4 Table of Contents Section Page Introduction 1 I. Initial Site Characterization Report 2 II. Guidelines to Develop a Second -Level Site Assessment Report 5 III. Sampling and Laboratory Testing . 7 IV. Application of State Cleanup Guidelines . . . 13 V. Management of Contaminated Materials . . . . . . 15 at Regulated Storage Tank Facilities Appendix A - Ground -Water Monitoring Guidance Appendix B - Quality Assurance/Quality Control for Sampling and Analysis July 1, 1995 J INTRODUCTION The purpose of this guidance document is to assist owners and/or operators of regulated leaking storage tank facilities in preparing initial site characterization reports and/or second -level site assessments so they and the Colorado Department of Labor and Employment, Oil Inspection Section (OIS) can evaluate the need for corrective action or the extent to which remediation should be performed. This document contains a summary of the necessary actions to be taken and information which should be gathered to determine the extent and degree of contamination which exists in soils, surface water and/or ground water resulting from a leak, release, or spill associated with a regulated storage tank facility, associated piping, and/or dispenser systems. The guidance document is consistent with the CIS Storage Tank Regulations (7 CCR 1101-14), but does not supersede any of the regulations. The preparation of this guidance document was the result of OIS coordination with the Petroleum Storage Tank Advisory Committee, the Ad -Hoc Guidance Document Committee, and the Ad -Hoc Lab Committee. The following actions are assumed to have occurred prior to the use of this document including: 1) The Colorado Department of Labor and Employment, Division of Labor, Oil Inspection Section (OIS) has received a 10 -day notice prior to storage tank closure, if appropriate; 2) The OIS has received a 24-hour notification of a suspected release; and 3) a 20 -day Initial Abatement/Site Check Report (7 CCR 1101-14, 7.62), describing any initial abatement steps, has been submitted to the OIS. Any free -product issues resulting from a release are handled by the OI5. Information in this document can then be used to prepare the 45 -day Initial Site Characterization Report or the Second -Level Site Assessment Report leading to a Corrective Action Plan. Two (2) copies of all such reports must be submitted to the CIS. Questions regarding this document may be answered by calling the CIS Storage Tank Remediation Program Technical Assistance Line at (303) 620- 4029 from 8:00 A.M. to 5:00 P.N., Monday through Friday. July 1, 1995 Section I. INITIAL SITE CHARACTERIZATION REPORT A report describing the initial site characterization must be submitted in duplicate to the OIS within 45 -days of the confirmation of a release. The Initial Site Characterization Report (ISCR) must contain sufficient information to allow the OIS to review the preliminary site evaluation and determine if potential impacts. exist to human health and the environment. If appropriate information is unavailable or unobtainable within the 45 -day time period, a letter explaining why appropriate information is unavailable or unobtainable should be sent to OIS along with the anticipated date that the report will be submitted. It is the goal of the OIS to review and respond to the ISCR within 150 days. A response or lack of response from the OIS in no way releases the responsible party from timely performance of any activities associated with completion of a second -level site assessment as described in Section 1I and/or a proposal for site cleanup. The following outline for an ISCR is provided to assist owners/operations in gathering appropriate information for all sites to adequately determine the nature and extent of contamination and to properly evaluate the potential human health and environmental impacts. The following information should be submitted to the OIS Storage Tank Remediation Program. ISCRs not containing the following information may be considered inadequate. A) A General Background Report of the Release Should Include: 1) The cause of the release, including a description of the known or suspected leak location(s) in the Storage Tank Facility system and the method(s) employed to identify them; 2) The type of regulated substance released (i.e. gasoline, diesel, waste oil, hazardous substance, etc.); 3) The quantity of released product(s) if known; 4) The period of time during which the release occurred (if known); 5) The extent of the known release at time of the report; and 6) The dimensions of any excavations, as well as an estimate of the volume of contaminated material removed and its disposition. B) Written Report of General Facility History Should Include: 1) July 1■ 1995 Name of tank owner, mailing address and ZIP code, contact person, phone number, name of business, site address, county, and land use(s) Relevant past history of the site, including uses of the property, knowledge of past overfills, spills, and/or releases, dates of occurrence(s), and actions taken to remediate site; 2 3) A list of all regulated substances either currently or previously contained in, or released at any storage tank facility; and 4) A description of populations or structures potentially affected by the release. General Location Maps of the Site Area, at Scale, Should Show the Following: an Appropriate 1) Site location including address; 2) Streets (labeled); 3) Locations of populations that could be potentially affected by the release (e.g. recreational usage, businesses, private homes, etc.) ; and 4) Location of wells potentially affected by the release that are within a 1/2 -mile radius of the site using Colorado Department of Natural Resources, Office of State Engineer Well inventory records (including completed well depths, static water levels, usage category, etc.) , field surveys, or other records approved by the QIS. Well locations should be plotted on a portion of a published topographic map, if available, or another scaled map of the area. D) Detailed site mars 3 Drawn to Scale, Containing the Following Properly Labeled and Dimensioned Features: 1) Adjacent land uses and structures surrounding the facility that could affect or be affected by the release (e.g. lakes,ponds, and ditches); 2) Approximate property boundaries including access controlling features such as fences; 3) All on-site buildings or structures; 4) Type and extent of ground surface cover (i.e. asphalt, concrete, soil, grass, etc); 5) Present and/or former tank locations, including all piping and ancillary equipment; 6) Extent of excavations and locations of stockpiles; 7) Significant subsurface features which could provide a pathway for migration (i.e. septic systems, electrical, telephone, television cable, gas, water, and sewer lines, including depths to invert and other relevant features such as building basements); 8) Soil sample locations, including soil -vapor points; 9) Soil boring and monitoring well locations; and 10) Overhead structures limiting access, such as overhead electrical or telephone lines. E) Regional Geoloav of the Site Area: 1) July 1, 1995 Description of the geological setting containing the site; and UU0U1bb 2 Description of the general soil types and/or rock types present. F) Regional Hydrogeology of the_ Site Area: 1) Determine depth to the uppermost saturated zone beneath the site through use of State Engineers Records and/or other regional information available; 2) Summarize regional ground -water flow direction at this site; 3) Provide climatological data for the site including, but not limited to, the average monthly and annual precipitation; and 4) Identify potential areas of local ground -water recharge or discharge (e.g. streams, springs, canals, dry wells, utility corridors, etc). G) A summary of the data and information obtained during the initial site characterization shall be submitted to OIS along with any conclusions drawn and recommendations for further site investigations, corrective actions, and/or closure, as appropriate. July 1, 1995 4 Section II. GUIDELINES TO DEVELOP A SECOND -LEVEL SITE ASSESSMENT REPORT A second -level site assessment is intended to provide more detailed support data as requested by 0I5 or by regulation, in order to allow for proper assessment and for corrective actions at the site. Two (2) copies of this report must be submitted to the DIS. As a minimum, the following information will be provided: A) Site_ Geology This section should contain a detailed discussion of the local geology, including a description of the lithology of the subsurface as determined from soil borings, excavations, or other sources. Include a copy of all available boring logs showing drillers name, drilling date, drilling method, lithology, sampling intervals, field screening measurements, blow counts, and all other pertinent information. If the site geology is complex or if topography is an important consideration, then it is suggested that a geologic profile be included in the report. Site Hvdroceolocy 1) The depth to the uppermost saturated zone beneath the site should be determined through the use of monitoring wells and/or piezometers, or other means approved by the CIS; 2) The local ground -water flow direction and gradient should be determined using a sufficient number of monitoring wells; and 3) The lithologic and hydrologic characteristics (e.g. permeability, conductivity) of the saturated interval should be described in this report. Contamination Extent 1) A sufficient number of representative soil samples must be collected to adequately determine the horizontal and vertical extent of soil contamination to less than or equal to 20 rig/Kg total petroleum hydrocarbons and 5 mg/Kg total BTEX (see Section III). If background soil contamination is found to be above the levels previously described, then the background levels can be used as a guide for determining the extent of soil contamination. Consideration must be given to impact or possible future impact to ground water from the soil contamination. A sufficient number of representative ground -water grab samples must be collected to determine the extent of ground -water contamination. This must include an upgradient (upstream) sample for background water quality and a sufficient number of downgradient (downstream) July 1, 1995 5 3 samples to define the extent of ground -nater contamination in accordance with Colorado ground -water standards (5 CCR 1002-8). The rationale used to determine the location, depths, the number of samples taken, and a description of the relationship between the sample locations, areas of known or observed contamination, and the release location must be provided in the report. D) Conclusions drawn from the second -level site assessment. E) Recommendations for further site investigations, corrective actions, and/or closure, as appropriate. As a minimum, the information described in this section should be reviewed and signed by a professional engineer or geologist. July 1, 1995 6 Section III. SAMPLING AND LABORATORY TESTING A) Developing a Sampling and Analysis Plan To adequately determine the presence or absence of contamination in the soil and ground water, the following should be considered: 1) The nature of the substance released; 2) Field observations and preliminary field screening; 3) Rationale to determine number & type of samples needed; 4) The analytical methodologies and the detection limits used/needed to evaluate the released substance; 5) The proper sampling methods, sample containers used, sample identification, labels, and sample chain of custody; 6) The information needed on the analytical report should include the extraction method, analytical method, holding times, and practical quantification limits (PQLs); and 7) The quality assurance/ quality control (QA/QC) practices of the laboratory including matrix spikes of the analyte, blanks, calibration standards, and surrogates for BTEX (benzene, toluene, ethylbenzene and xylenes) analyses should also be included with laboratory reports. All laboratory reports must be signed by the analyst. Information generated during this evaluation should be documented in all reports. Appendix B is provided to assist the owner/operator in development of a sampling and analysis plan. B) Sampling 1) Soils a) Field Screening July 1, 1995 Field screening may utilize information known about the release, observations (e.g. staining, odors), and actual measurements using field instrumentation (e.g. properly calibrated Photoionization Detectors, Organic Vapor Meters, or other appropriate meters) to evaluate presence and distribution of contaminants in the soil. The data gathered from the field screening can be used to help evaluate the extent of contamination and determine the location, type, and number of soil samples which should be submitted for laboratory analyses. 7 UOOUib S 2 July 1, 1995 b) Discrete Grab Soil Sampling Discrete grab soil samples should be collected to adequately characterize the horizontal and vertical extent of contamination and the subsurface soil profile within the area of contamination. Field screening data may provide valuable guidance in sample selection. Subsurface soil samples (i.e. borings) should be selected to characterize area of maximum hydrocarbon concentrations and delineate the horizontal and vertical extent of contamination.. During a tank excavation a minimum of 3 samples should be taken from below each tank excavated. A sample should be taken from the excavation beneath each end and directly beneath the center of each tank. Justification for more or less samples or different sample locations based on tank size and/or site conditions should be provided. In addition, field screening information should be considered in the collection of other soil samples in areas of suspected contamination within the storage tank facility such as piping runs or dispenser lines (see Appendix B). c) Soil Stockpile Samples Several soil samples should be collected from surface soil stockpiles. These samples should be composited to provide a representative sample of the total stockpile. A reasonable sampling scheme might include one sample for every 100 yd3 of stockpile. In addition, a soil sample representative of the area of maximum contaminant concentration in the stockpile, based on field screening as described above, should be collected and analyzed as a discrete sample. d) Proper Sampling Protocols Implementation of proper sampling protocols is important in performing an adequate and acceptable sampling program (see Appendix B). Ground Water Ground -water samples should be collected from monitoring wells, piezometers, or if present, from any excavations according to proper QA/QC procedures for the purpose of providing valid representative ground -water samples from the saturated zone in question. If ground water is present in the excavation, it should be sampled as soon as practicable. 8 July 1, 1995 Field Screenina Hydrocarbon field screening instrumentation should be used to determine the presence of volatile hydrocarbons in the monitoring well headspace in order to detect possible safety hazards associated with volatilization of hydrocarbons in soils or ground water. In addition, a hydrocarbon/water interface device should be used to determine presence or thickness of free product in the well. If, during well installation and development, it is apparent that proper purging and sampling procedures (Appendix B) cannot be completed due to insufficient well production, then alternate sampling procedures must be employed. b) Grab Sa-,r)les Ground -water samples are obtained to define the nature and extent of the hydrocarbon plume and determine presence of hydrocarbons in ground water. These procedures are referenced in Appendices A & B. Composite sampling is not considered an appropriate procedure for ground -water sampling. For monitoring webs proper purging technicues must be implemented. (where possible) prior to collection of grab samples. Alternate grab sampling methodologies may be approved by 015 on a case-by-case basis. 9 u iOU1 bi c) Analysis 1) soils, a) Analytical Methods Analytical methods used in site characterization should be selected to accurately reflect levels and types of substances present. Total petroleum hydrocarbons (TPH) is a general term used in this document which consists of 3 petroleum hydrocarbon ranges which includetotal volatile petroleum hydrocarbons (TVPH), total extractable petroleum hydrocarbons (TEPH), and oil and grease. To assist in determination of appropriate TPH analyses a simple decision tree can help: TPH DECISION TREE Is the Contamf nan't Known? NO YES V Gets ° 1 1 ne Av f a t i on FUQ I wn1 to Gas Condensate (05-010] 7v PH 01 eae I 0 uOS 01 t Karosono .let Fur I 1-4eett I np Fvt I [01"1-0287 011 / Gr- enae 1•11:"../ C..CQC 0 f 1 C >028) 011 & Gr ease J HtydroCart.on Scan or All TOGtc j July 1, 1995 (1) TVPH These constituents are most commonly found in gasoline. If the only contamination at the site is determined to be gasoline then appropriate analyses which accurately test for the C6 -C10 range should be used. Please note that this analysis may not adequately quantify aged gasoline. Appropriate quantification of the contaminant levels may necessitate using TEPH analysis or both TVPH and TEPH analyses. 10 July 1, 1995 (2) TEPH These are mid-range constituents associated with diesels. If diesel is the only suspected contaminant, an appropriate analysis which detects the acid -range (C11 -C28) hydrocarbons should be used. The Colorado Department of Public Health and Environment (CDPHE) Laboratory has developed a TEPH method called the Colorado 8015 Modified. Please call Don Harrington (CI7PHE Laboratory) at (303) 691- 4730 for further information on this method. (3) oil and Grease Analyses for heavier compounds associated with lubricating and bunker oils identify the presence of hydrocarbons heavier than C28. A method which uses a silica gel cleanup to detect oil and grease should be used when waste oil and bunker oil/grease are the suspected contaminants. Waste -oil tanks may contain hazardous components such as lead, polychlorinated biphenyls (PCBs), and/or solvents. If the presence of hazardous waste components is suspected or known, then a Toxic Characteristic Leaching Procedure (TCLP) analysis for lead and chromium as well as an analysis for solvents and PCBs should be used in addition to oil and grease. (4) Hydrocarbon Scan In addition to the above carbon range -specific methods which address narrow carbon ranges when contaminants are known, laboratories have the capability to assist the owner/operator in identification of contaminants through a broad range scan method usually using a gas chromatograph. The hydrocarbon scan or the three TPH methods described herein should be employed if all contaminants on site are not known. (5) BTEX All soil samples should be analyzed for BTEX. b) Soil PQLs It has been the practice of the Storage Tank Remedial Section to request PQLs which approach 20 11 000u1`r 0 2) mg/Kg in soil for TVPH, TEPH and oil and grease. Soil PQLs for total BTEX should approach 5 mg/Kg. If alternate soil PQLs are proposed, then a rationale should accompany those results. Ground Water a) Analytical Methods Analytical methods have been developed for the lighter hydrocarbon fractions in ground water. If ground water has been impacted or could potentially be impacted by contaminated soils, then a BTEX and the appropriate TPH analysis (see TPH Decision Tree) should be run on representative ground -water sample(s). Benzene, toluene, ethylbenzene and total xylenes have State ground -water standards which must be attained at the point of compliance (POC - discussed in Section IV) in all ground waters in the State of Colorado. The State ground -water standards for BTEX constituents are benzene = 5 Mcg/L, toluene = 1000 ,ug/L, ethylbenzene = 680 ,ug/L, and total xylenes = 10,000 pg/L. There are currently no ground -water standards for TVPH, TEPH or the heavier constituents (oil and grease). However, it should be noted that the CDPHE Water Quality Control Division has regulations which prohibit degradation of waters of the state. b) Fuel Additives In non -attainment areas designated by the CDPHE Air Pollution Control Division where fuel additives are used (i.e. methyl -cert -butyl ether (MTBE) , methanol, ethanol) or other areas where these additives are used, then consideration should be given to analyze ground water for these compounds. Proper laboratory procedures should be documented in the report. c) Ground -Water PQLs Acceptable PQLs for BTEX constituents in water are in the range of 0.5 gg/L (ppb) for benzene, toluene, and ethylbenzene and 2 pg/L for xylenes. If other PQLs are determined to be appropriate for BTEX constituents, then a rationale must accompany results. The items described in Sections I, II, and III generally outline the information necessary for the development of a site assessment. This information is :-necessary to evaluate the risks associated with the contaminants and to determine the proper corrective action to be taken. July 1, 1995 12 Section IV. APPLICATION OF STATE CLEANUP GUIDELINES The following information is provided to serve as guidance in the development of appropriate corrective actions, based upon the specific site conditions encountered. These guidelines are suggested cleanup goals and are NOT to be used as a guide to adequately determining the extent of contamination. These guidelines can be more or less stringent depending on the risk to human health and the environment posed by the contamination at the site. In all cases where contaminated soils have impacted or have the potential to impact ground water, a ground -water monitoring plan must be prepared. This plan should include a description of the upgradient sample point, the downgradient POC, the frequency and duration of the monitoring plan, and the laboratory analyses. A POC is a monitoring well or system of wells which is established beyond the downgradient extent of ground -water contamination to adequately monitor the migration or potential migration of contaminants from the site. Please see part 3.11.6 in "The Basic Standards for Ground Water" (5 CCR 1002-8) for further discussion of POC. The POC should be carefully selected because if the State ground -water standards are exceeded at the POC, then additional ground -water remediation must be implemented. A) Remedial Action Catecory I (RAC Ij Category I includes petroleum contamination of: 1) ground water currently being used as a public and/or private drinking water supply; 2) ground water withdrawn by a public water supply system that is used, or is intended to be used, as drinking water; 3) ground water used incidentally or intermittently for public drinking water; 4) ground water temporarily not being used, but has been used in the past for public drinking water; 5) ground water having the potential for being used as a public drinking water supply; or 6) ground water within 500 feet or within the zone of influence of a private drinking water -supply well. If ground -water contamination exists, remediation shall comply, where technically and economically feasible, with Colorado ground- water standards. Soils which are contaminated and which have impacted or have the potential to impact RAC I ground water should be remediated to a level of less than 20 mg/Kg BTEX and less than 100 mg/Kg TPH. Monitoring of ground water not previously impacted may be required. July 1, 1995 13 Utl0U1 1 B) Remedial Action Category II (RAC II) Category II includes petroleum contamination of: 1) ground water which has the potential for being used as a private drinking water supply; or 2) ground water not included in the RAC I designation such as petroleum contamination of ground water not within 500 feet or the zone of influence of a private water well. Remediation of contaminated RAC II ground water should comply with Colorado ground -water standards at locations of, or upgradient of, existing private water wells. Determination of appropriate remedial activities and target clean-up levels under this category should include issues such as technical and financial feasibility of remediation compared to the actual health and environmental impacts of the existing contaminant levels and those levels anticipated along the migration pathways. Soils which are contaminated and which have impacted or have the potential to impact RAC II ground water should be remediated to concentrations of less than or equal to 50 mg/Kg BTEX and 250 mg/Kg TPH. These levels may be determined to be more or less stringent based upon risk assessment and feasibility studies. Monitoring of ground water not previously impacted may be required. C) Remedial Action Catecaory III (RAC III) Category III includes, but is not limited to, ground water not being used and with little or no potential for being used as a public or private drinking water supply. RAC III shall be assigned on a case-by-case basis as necessary information becomes available and shall include, but not be limited to, ground water with poor natural or background quality compared to state and federal drinking water standards (e.g. high total dissolved solids (TDS)) or ground water in which hydrogeologic conditions make development of a public or private drinking water supply unlikely. Such information as depth to ground water, the transmissivity and areal extent of the aquifer may be considered in determination of a RAC III designation. Contaminated RAC III ground water shall be remediated to appropriate levels as determined by OIS on a case-by-case basis. However, State ground -water standards will be applied at the POC if ground -water monitoring is required. Soils which are contaminated and which have impacted or have the potential to impact RAC III ground water shall be remediated to a maximum contaminant level of 100 mg/Kg BTEX and 500 mg/Kg TPH. These remediation levels can be more or less stringent based upon the actual impact to the public health and the environment. July 1, 1995 14 Section V. MANAGEMENT OF CONTAMINATED MATERIALS AT REGULATED STORAGE TANK FACILITIES This section does not apply to management or disposal of sludge generated from storage tank closures, corrective actions and/or spills. It does not apply to petroleum wastes generated from any other source that exceeds TCLP limits; e.g. aboveground storage tank leaks, highway accidents, etc. It does not apply to those wastes determined to be hazardous by appropriate analytical tests (i.e. TCLP, ignitability, corrosivity, and reactivity). Such wastes shall be handled as provided in solid and/or hazardous waste disposal laws and regulations. If laboratory analyses do not indicate that the soils are characteristic hazardous wastes, petroleum contaminated soils will be considered as a solid waste and require disposal in accordance with the Solid Waste Disposal Act or through use of the following procedures at regulated storage tank facilities. Petroleum contaminated soils encountered during the investigation or remediation of storage tank(s) may be stockpiled on site. Stockpiled soils should be placed on a plastic liner or on asphalt, and bermed and covered to prevent product from infiltrating into soils or migrating off site. Soil stockpiles should be sampled as described in Section III. Results of sample analyses should be compared to the RAC levels designated for the site. A) In the event the hydrocarbon concentrations in the remaining subsurface soils or in the stockpiled soils exceed the levels allowed under the appropriate RAC, a contaminated materials handling plan, which will be part of a CIS approved corrective action plan, may allow for the following on-site treatments which may include bioremediation, soil venting, thermal treatment, etc. as long as samples are collected after treatment to confirm cleanup levels: 1) Contaminated soils left in place must be managed in accordance with an approved corrective action plan; 2) Contaminated soils removed from the excavation may be treated on site in accordance with methods outlined in a contaminated materials handling plan and then if treated soils are used or disposed of off site, it must comply with the appropriate State Solid Waste Regulations. In the event the hydrocarbon concentrations in the stockpiled soils exceed the levels allowed under the appropriate RAC, they can be disposed of or treated off site at a State approved solid waste facility according to Solid Waste Regulations: 1) Contaminated soils removed from the excavation may be disposed of at a waste disposal facility with a special July 1, 1995 15 1 i1 O L11 waste acceptance plan for petroleum contaminated soils approved by the CDFHE Solid Waste Section; 2) Contaminated soils removed from the excavation may .be disposed of at a waste disposal facility, without a special waste acceptance plan for petroleum contaminated soils, with prior OIS approval; or 3) Contaminated soils removed from the excavation may be treated off site in accordance with methods and at a site(s) approved. by the CDPHE Solid Waste Section. Potential methods may include bioremediation, soil aeration, thermal treatment, etc. as long as samples are collected after treatment to confirm cleanup levels. Disposal or use of treated soils will comply with the appropriate State Solid Waste Regulations (such materials may be considered as recycled and may therefore not be considered a solid waste). C) In the event the hydrocarbon concentrations in the stockpiled soils exceed the levels allowed under the appropriate RAC, the following off-site uses may be considered: 1) Treated or untreated contaminated soils removed from the excavation may be incorporated at an asphalt batch plant for use in standard asphalt construction applications, with prior approval of the OIS; 2) One acceptable off-site use of untreated petroleum contaminated soil is the construction of paved roads with prior 015 approval (such materials may be considered as recycled and may therefore not be considered a solid waste). The CIS requires submittal of a signed document by the owner of the petroleum contaminated soils, the recipient of the wastes, and the owner of the road if different from the recipient. Materials should be placed within the top 24 inches immediately below asphalt or concrete pavement. Placement shall be at least 15 feet above ground water and outside of flood plains, wetlands and/or surface drainages. All appropriate Local Goverment Agencies (e.g. City, County, and Local Health Departments) must be contacted prior to use of petroleum contaminated soils in road construction. I3) Management of petroleum contaminated soils at levels equal to or less than the designated RAC levels shall occur in accordance with a contaminated materials management plan which may be required by the OIS as part of an approved corrective action plan. Petroleum contaminated soil may be handled in the following manner: 1) In-situ, undisturbed soils may remain so; July 1, 1995 16 2) Excavated material may be placed back into the excavation; 3) Soils removed from the excavation may be treated on site prior to final disposal or use at an off-site location in accordance with the appropriate State Solid Waste Regulations; or 4) The owner/operator may utilize other disposal/handling options per Items 1, 2, and 3 of this section. These options may be implemented at the discretion of the owner/operator, based on an approved contaminated materials management plan. The OIS reserves the authority to implement more stringent levels on a site specific basis. July 1, 1995 17 t�U )(jf t ROY ROMER Governor JOHN J. DONLON Executive Director RICHARD O. PIPER State Inspector of Oils DEPARTMENT OF LABOR AND EMPLOYMENT Oil Inspection Section Tower 3, Suite 525 1515 Arapahoe Street Deriver CO 80202-2117 (303) 520-4300; Far (303) 600-4303 APPSHDII A GROUND WATER MONITORING GUIDANCE JULY 01, 1995 00061r t4 ti STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH x210 East 11th Avenue Denver, Colorado 30220-3716 Phone (303) 320-8333 Teksaa: (303) 322-9075 iN►ain Euilding/❑enrerl (3031 )200$29',Ptarmigan Place/Demwerl 13031 245.7196 (Grand Junction Rebmnnal Offices APPENDIX A COLORADO DEPARTMENT OF HEALTH 4300 CORY C E C DRIVE SOUTH DENVER, CO 80222-1530 •[303) 692-3300 GROUND WATER MONITORING GUIDANCE BY SOLID WASTE AND INCIDENT MANAGEMENT SECTION January, 1991 Introduction Roy Romer Governor Thomas M. Vernal Eaeculwc Dir ct°r The purpose of this document is to provide guidance for operators of solid waste disposal facilities in Colorado which will assist them in formulating an effective ground water monitoring program. A hydrogeologist or other professional ground water scientist should be consulted in order to properly apply these guidelines to a particular monitoring situation. We advise you to contact the Office of the State Engineer (866-3581) to obtain a copy of the Rules and Regulations and Colorado Statutes Governing Construction of Water Wells and the Installation of Pumping Equipment. r'It is our understanding that these regulations may be revised in the Spring of 1988. The objectives of ground water monitoring are: 1) To protect ground water from pollution. 2) To assess the presence or absence of contamination. 3) contaminants are present: To assess the severity of contamination. To assess the effectiveness of ground water protection measures. 4 comply with regulations. a) b) To ) 1 U00t.1'r5 The burden of responsibility for adequate monitoring is on the operator. This responsibility includes: 1) Determining the number of wells required. 2) Determining the placement of the wells. 3) Determining the depth of the wells. 4) Obtaining well permits from the State Engineer. 5) Determining how to sample and analyze the ground water. A monitoring program must be executed in a sound and uniform manner for the operator to fulfill his responsibilities. The operator should keep accurate and complete records of all analyses and hydrogeological tests. This document is divided into the following major topics which follow: - Location of wells - Drilling methods - Well construction - Sampling and analysis procedures - Reporting References T Attachments Location of Wells The location of monitoring wells involves both lateral and vertical placement, as well as the determination of the number of wells needed in the monitoring system. The major controlling factors to be considered in locating &monitoring wells are the nature of the waste, geologic and hydrologic conditions, and the size of the site. In general, wells should be placed adjacent to waste management boundaries, rather than adjacent to property boundaries. In order to properly locate wells, a thorough site characterization must be performed. Both upgradient and downgradient wells should be located based upon the overall objectives of the monitoring system. Access to drilling sites is also a consideration in well location. Upgradient wells must be located so as to provide representative background samples from the same hydrologic unit monitored by downgradient wells to permit comparison of data. The vertical placement of wells (depth of the well screen) should be based upon the following: 1) objectives of the monitoring system; 2) depth to ground water; 3) thickness and depth of soils and consolidated rock units; 2 placement within stratigraphic horizon(s) which represent potential pathways for contaminant migration. Drilling Method The drilling method used for monitoring well installation depends upon numerous factors which are site-specific and will not be addressed in this document. The method should be selected with the goal of minimizing the disturbance of the subsurface and ground water. The primary available methods are auger (both hollow -stem and'solid-stem), rotary, jetting, and driving. While hollow -stem angering eliminates the adulteration of permeable formations by drilling fluids and additives, it is not feasible in many situations. The references should be consulted for detailed information on the advantages and disadvantages of each method. Driscoll (1986) contains particularly useful material on drilling methods. Well Construction This section is derived from Guidance for Construction of Ground Water Monitoring Wells" by the Colorado Department of Health, Water Quality Control Division, Ground Water Unit, July 7, 1987. Well construction methods include the selection and installation of the well casing and screen and the well filter pack and annular sealant, the screened material design, well development, and documentation. Well Casino and Screen Materials Ground water monitoring well construction materials should be those materials which are durable enough to resist physical and chemical degradation and, most importantly, do not interfere with the quality and integrity of the ground water samples. Site- specific characteristics must be examined prior to selecting a casing and screen material. Factors to be examined should include but not be limited to: 1) depth to monitored zone (strength considerations); 2) the compatibility of the casing and screen material with the subsurface environment and monitoring parameters; 3) the types of water quality parameters to be monitored; 4) ant_:ipated lifetime of monitoring; 5) ease of installation; 6) cost 3 u 00 G A variety of materials are available such as: PVC, teflon, fiberglass epoxy, and stainless steel. An example of a selected well casing and screen material could be PVC casing and a stainless steel wire -wound screen. In general, PVC may be used for sampling metals, stainless steel may be used for organics and teflon for either metals or organics. The consequences of using threaded joints versus glued joints should also be evaluated. Well casings should be centered in the borehole with centering guides (centralizers). If at all possible the well should be drilled using a method which avoids using drilling fluid. Avoid introducing contamination of any kind. We recommend that monitoring well casing and screens have an inner diameter (ID) of four inches or larger. This will ensure that an adequate volume of ground water can easily be removed from the well. It is often necessary to remove 3-1.2 casing volumes from the well prior to sample acquisition to ensure that formation water is obtained for the sample. Some problems which make the cost effectiveness of small diameter monitoring wells (e.g. less than 4 inches) questionable are: 1) proper well development is slow and costly; 2) poor performance (high turbidity); 3) Down -hole restrictions, (i.e., doglegs) common with deep wells; 4) size limitation for down -hole equipment; 5) high cost per sample difficult to get a true formation sample; 6) acuifer drawdown tests are difficult; 7) cannot use as a recovery well if desired. well Filter Pack and Annular Sealant Please refer to Attachment 1. The materials used to construct the filter pack should be chemically inert (i.e. clean sand, silica, or glass beads) and well rounded. The grain size of the filter pack should minimize passage of formation materials into the well. Ideally, the filter pack should extend one-half to one (1/2-1) foot above the top of the screen, but not more than two (2) feet above the top of the screen. It should be noted that a properly designed (selected) filter pack grain size and screen slot size will depend on the formation particle size(s). The material(s) used to seal the annular space must - prevent the migration of contamination to the sampling zone from the surface or intermediate zones and prevent cross -contamination between strata. A minimum of two feet of sodium bentonite should immediately overlie the filter pack. In shallow monitoring wells, a tamping device should be used to reduce the potential for bridging. In deeper .wells, it may be necessary to pour a small amount of 4 formation water or distilled water down the casing to wash the bentonite down the hole. A cement and bentonite mixture, a bentonite and borehole cuttings mixture, or a non -shrinking cement mixture should be used as the annular sealant in the unsaturated zone above the bentonite seal and below the frost line. The use of a tremie pipe ensures good annular sealing from the bottom up. Above the frost line, the cap should be composed of concrete that blends into an apron to drain precipitation away from the well head. A protective steel housing with locking cap is recommended ras security to prevent vandalism, tampering or accidental damage. Screened Interval Desicn The screened interval should be designed to meet the following criteria: 1) allow sufficient ground water flow into the well for sampling; 2) minimize the passage of formation materials (turbidity) into the well; 2) ensure sufficient structural integrity to prevent the collapse of the screened interval. The design must be based upon a thorough hydrogeological site characterization. We recommend that commercially manufactured screens or slotted casing be used. Field slotting of screens is not an accepted practice. Again, it should be noted that a properly designed (selected) filter pack grain size and screen slot size will depend on the formation particle size(s). it is also recommended that the screened interval be limited to 12 feet in length. A one to two (1-2) foot sump should be located below the screened interval. A bottom cap is a necessity to prevent the inflow of sediment through the bottom, of the well. Well Develornent Proper well development is essential. When the monitoring well installation is complete, the natural hydraulic conductivity of the formation should be restored and all sediment removed from the well to ensure, to the maximum extent possible, turbidity free ground water (formation) samples. Pumping must be continuous but with variable flow rates. In unconsolidated deposits, several methods are acceptable for well development. Solid, vented, and spring loaded surge blocks are generally available through the well drilling contractor. 5 uU0U r7 Compressed air development is also acceptable but requires considerable equipment and skill on the part of the operator. This method can either be by backwashing or surging. Sackwashing with air is only effective on short lengths of screen and open hole. Surging with air is an acceptable method for deep wells with a considerable depth of water, however, its use may be limited by the volume and pressure capacities of available compressors. The effectiveness of surging with air is increased by confining the action to a specific length of the screen. Hydraulic jetting can be effective in open rock holes and in wells with wire -wound screened material or some kinds of louvre screens. A drawback to this method is that only formation water should be used for the jetting. Also, water should be pumped from the well during jetting, with well discharge exceeding jet discharge by 1.5 to 2 times. Wells in hard rock (consolidated deposits) can be developed using practically all the methods used for unconsolidated deposits. Simple overpumping without another development method is not acceptable. Documentation Accurate documentation of the well design and construction is a necessity for the interpretation of water quality analytical results. Please refer to Attachment 2 for the recommended list of documentation items. It is especially important that each well be surveyed in for both location and elevation (above mean sea level). A reference water level measuring point must be established and used at each monitoring well. It is equally important that accurate geologic (lithologic) logging be performed during each monitoring well installation. Field or regulatory situations often dictate the need for a qualified geologist or scientist to be on-site to document a detailed description of the lithology. Samolino and Analysis A sampling and analysis plan should be developed which includes the following procedures: I) sample collection; 2) sample preservation and handling; 3) chain -of -custody control; 4) analytical procedures; 5) field and laboratory quality assurance and quality control (¢A/QC). 6 Also, the following records should be kept for each monitoring well: 1) sampling frequency; 2) analyses to be performed; 3) sample containers required; 4) shipping forms and other information needed to deliver a proper sample to the laboratory; 5) calculations and statistical analyses; 6) historical monitoring data, monitoring reports and well drilling data. Sample collection - Describe the device and procedure to be used for withdrawal of water. Various types of pumps or a bailer may be used, but the type of device is limited by several factors, including well diameter, well depth, speed of sampling, portability and cost. For any portable pump or bailer, a procedure for cleaning between uses at different wells is essential. In general, 3 to 12 casing volumes of water must be removed from the well prior to sampling in order to get a representative ground water sample. Temperature, pH, and specific conductance measurements should be made in the field before and after sample collection as a check on the stability of the water sampled over time. By determining the stability of the water in this manner, it can be assured that formation water is being sampled. Sampling frequency should be established based upon many factors, including the type of waste disposal facility, the ground water flow velocity and expected occurrences of peak contaminant flows. Chemical parameters to be sampled should include these listed in the Solid Waste Disposal Site or Facility Application Guidance Document or subsection 6.1.1.6 of the Solid Waste Regulations, depending on the type of facility. In addition, site specific parameters should be chosen based upon the chemical composition of wastes disposed at a particular facility. These might include specific heavy metals, phenols, and organic compounds. Sample Preservation and Handling All procedures for transferring samples from the field to the laboratory should be specified. The plan should identify the type of sample containers to be used to collect samples, as well as the procedures to be used to ensure that sample containers are free of contamination prior to use. The container type as well as cleaning procedure depend on the parameters being sampled. Sample preservation is intended to retard biological action, retard hydrolysis and reduce sorption effects. Preservation methods are generally limited to pi -i control, chemical addition, refrigeration and protection from sunlight. Samples should be kept at low temperatures (4 degrees Centigrade for best preservation. 7 uUOU1r8 Chain -of -Custody Control An adequate chain -of -custody program will allow far the tracing of possession and handling of individual samples from the time of field collection through laboratory analysis. The chain -of -custody program should include: 1) Sample labels which prevent misidentification Of samples; 2) Sample seals to preserve the integrity of the sample from the time it is collected until it is opened in the laboratory; 3) Field logbook to record information about each sample collected during the ground water monitoring program; 4) Chain -of -custody record to establish the documentation necessary to trace sample possession from the time of collection to analysis; 5) Sample analysis request sheets which serve as official communication to the laboratory of the particular analysis(es) required for each sample and provide further evidence that the chain of custody is complete; 6) Laboratory logbook and analysis notebooks, which are maintained at the laboratory and record all pertinent information about the sample, sample preparation techniques, instrumental methods, experimental conditions, and analysis results. Further detail regarding specific items to be recorded for sample labels, the field logbook, chain -of -custody records and sample analysis request sheets is shown on Attachment 3. Analytical Procedures The Sampling and Analysis plan should describe in detail the analytical procedures that will be used to determine the concentrations of constituents or parameters of interest. These procedures should include suitable analytical methods as well as proper quality assurance and quality control protocols. The required precision, accuracy, detection limits, and percent recovery (if applicable) specifications should be clearly identified in the plan. The sampling and analysis plan should identify one method that will be used for each specific parameter or constituent. The plan should specify a method in SW -846 or an EPA -approval method, and clearly indicate if there are going to be any deviations from the stated method and the reasons for the deviations. 8 Records of ground water analyses should include the methods used, extractions date, and date of actual analysis. Data from samples that are not analyzed within recommended holding times should be considered suspect. Any deviation from an EPA approved method (SW -846) should be adequately tested to ensure that the quality of the results meets the performance specifications (e.g., detection limit, sensitivity, precision, accuracy) of the reference method. It is suggested that the operator contact the analytical laboratory to determine the proper sample holding time and to discuss the analytical methodology being used by the lab. Field and Laboratory DA/OC One of the fundamental responsibilities of the operator is the establishment of continuing programs to ensure the reliability and validity of field and analytical laboratory data gathered as part of the overall ground water monitoring program. The operator's sampling and analysis plan must explicitly describe the QA/QC program that will be used in the field and laboratory. Many operators use commercial laboratories to conduct analyses of around water samples. In these cases, it is the operator's responsibility to ensure that the laboratory of choice is exercising a proper QA/QC program. The QA/QC program described in the operator's sampling and analysis plan must be used by the laboratory analyzing samples for the operator. Various types of field blanks might be used in some cases to verify that the sample collection and handling process has not affected the quality of the samples. Field blanks are suggested when analyzing for extremely low concentration levels or if unexpected constituents are detected. If contaminants are found in the blanks, the source of the contamination should be identified and corrective action, including resampling should be initiated. The sampling and analysis plan should describe a program for ensuring proper calibration of field equipment. Other QA/QC practices such as sampling equipment decontamination procedures and chain -of -custody procedures should also be described in the plan. Retorting Analytical results from ground water sampling should be reported to the Colorado Department of Health and too a local health department, if any, on a periodic basis. The frequency of reporting should be as established in_ the facility's operations and design plan, or as otherwise modified as conditions for a Certificate of Designation. In most circumstances quarterly monitoring is required initially when a site commences operation. The frequency may be decreased to annually over time, depending an analytical results. 9 u / 9 Results sent to the state health department should be addressed as follows: -COLORADO DEPARENC ' -STH : 41D/B2 4300 GEEURY CRS AVE SOUTH -DENVER COLO.RADO 80222-1530 10 References The following documents may provide further useful guidance: 1. "Manual of Ground -Water Sampling Procedures: Scaif, M.R., et al., 1981. National Water Well Association, Worthington, Ohio 2. "Procedures for the Collection and Preservation of Ground Water and Surface Water Samples and for the Installation of Monitoring Wells-, U.S. Dept. of Energy, January, . 1981, GJ/TMC-08, UC -70A. 3. "Practical Guide far Ground -Water Sampling", Barcelona, M.J., et al., E2A/600/2-85/104 September, 1986. 4. "RCRA Ground Water Monitoring Technical Enforcement Guidance Document", USE2A, CSWER-9950.1, September, 1986. 5 "Procedures Manual for Ground Water Monitoring at Solid Waste Disposal Facilities", EPA SW -611, 1980. "Test Methods for Evaluating Solid Waster", EPA SW -846, 1986. "Interim Guidelines and Specifications for Preparing Quality Assurance Project Plans", EPA QAMS--005180, 1980. 6. "Ground Water and Wells", Driscoll, Fletcher D., published by Aohnson Division, Second edition, 1986. 7. "Guidance for Construction of Monitoring Wells", Colorado Department of Health, Water Quality Control Division, Ground Water Unit, 1987. 11 ubOui ,O GAS VENT TUBE 1/4• GAS VENT VADOSC ZONE • Ii: VELL CAP STEEL PROTECTOR CAP VITH LDDC$ S RVETOR'S PIN (FLL[SH KRJNT) ::::!7\41140‘ SATURATCD ZONE r- CONCRETE VEIL APRON CMtNINLM RADIUS OF 3 FEET AND 4 INCHES THUCK7 CONTINUOUS POUR CONCRETE CAP AND YELL APRON (EXPANDING, CEMENT) EEMFNT AND SOD[LM BENTONITE HIXTURE WELL DIAMETER = 4' D REHSILE_ DIAMETER = ID• TD 12• (NOMINAL DIMENSION) ANNULAR SEALANT FILTER PACK (2 FEET OR LESS ABOVE SCREEN) POTENTIOMETRIC SURFACE SCREENED INTERVAL SUMP/SEDIMENT TRAP ' - - - - - - - - 4-__ _k TO_M CAP•- -_-_ _ _ZONE DF LESSER PERMEABILITY: _ GENERAL MONITORING 'SELL - CROSS-SECTION Attachment 2 Documentation of Well Design and Construction - Date/time of construction - Drilling method and drilling fluid used - well location (+ 0.5 ft.) - Bore hole diameter and well casing diameter - Well depth (+ 0.1 ft.) - Drilling and lithologic logs - Casing materials - Screen materials and design - Casing and screen joint type - Screen slot size/length - Filter pack material/size, grain analysis - Filter pack volume calculations - Filter pack placement method - Sealant materials (percent bentonite) - Sealant volume (lbs/gallon of cement) - Sealant placement method - Surface seal design/construction - Well development procedure - Type of protective well cap - Ground surface elevation (+ 0.1 ft.) - Surveyor's pini elevation (+ 0.1 ft.) on concrete apron - Top of monitoring well casing elevation (+ 0.1 ft.) - Top of protective steel casing elevation (+ 0.1 ft.) - Detailed drawing of well (include dimensions) 13 uL►Ou.1a1 Attachment 3 Specific Items to be Recorded for Chain -of -Custody Procedures Sample Labels - Sample identification number - Name of collector - Date and time of collection - Place of collection Parameter(s) requested (if space permits) Internal temperature of shipping container at time sample was placed - Internal temperature of shipping container upon opening at Laboratory - Maximum and minimum temperature range that occurred during shipment Note: labels must be sufficiently durable to remain legible when wet Field Locbook - Identification of well - Well depth Static water level depth and measurement technique - Purge volume and pumping rate - Time well purged - Well evacuation procedure/equipment - Sample withdrawal procedure/equipment - Date and time of collection Well sampling sequence - Types of sample containers used and sample identification numbers - Preservatives(s) used - Parameters requested for analysis - Field analysis data and method(s) - Sample distribution and transporter - Field observations of sampling - Name of collector - Climatic conditions including air temperatures Internal temperature of field and shipping (refrigerated) containers 14 Chain -of -Custody Record - Sample number - Signature of collector - Date and time of collection - Identification of well - Number of containers - Parameters requested for analysis - Signature of persons(s) involved in the chain of possession - Inclusive dates of possession - Internal temperature of shipping (refrigerated) container when samples were sealed into the shipping container - Maximum temperature recorded during shipment - Minimum temperature, recorded during shipment - Internal temperature of shipping (refrigerated) container upon opening in the laboratory Samnle Analysis Reouest Sheet - Name of person receiving the sample - Laboratory sample number (if different from field number) - Date of sample receipt - Analyses to be performed - Internal temperature of shipping (refrigerated) container upon opening in the laboratory 15 U(iUij1b2 J Chain -of -Custody Record - Sample number - Signature of collector - Date and time of collection - Identification of well - Number of containers - Parameters requested for analysis - Signature of persons(s) involved in the chain of possession - Inclusive dates of possession. - Internal temperature of shipping (refrigerated) container when samples were sealed into the shipping container - Maximum temperature recorded during shipment - Minimum temperature, recorded during shipment - Internal temperature of shipping (refrigerated) container upon opening in the laboratory Sample Analysis Request Sheet - Name of person receiving the sample - Laboratory sanple number (if different from field number) - Date of sanple receipt - Analyses to be performed - Internal temperature of shipping (refrigerated) container upon opening in the laboratory 15 U1/00162 ROVER. rtrnor JOHN J. DONLON Esecutrre Duector RICHARD O. PIPER State Inspector of Oil: DEPARTMENT OF LABOR AND EMPLOYMENT Oil inspection Section Tower 3, Suite 525 1515 Arapahoe Street Denver CO B0202-2117 (303) 520-4300: Fax (3C3) 520-4303 APPENDIX H PETROLEUM PRODUCT OR WASTE SAMPLING AND ANALYSIS PROJECT PLAN JULY 01, 1995 ti1,UUI63 2.0 3.0 4.0 TABLE OF CONTENTS Project Description Project Organization Quality Assurance Objectives 4.1 Precision 4.2 Accuracy 4.3 Completeness 4.4 Representativeness 4.5 Comparability 5.0 Sampling Procedures 5.1 Techniques or Guidelines Used to Select Sites 5.2 Sampling Strategies for Various Receptacles 5.3 Specific Procedures to be Used 5.4 Sampling Equipment 5.5 Sample Containers and Container Preparation 5.6 Sample Preservation and Holding Times 5.7 Recordkeeping and Chain of Custody 6.0 Sample Custody 6.1 Field Recordkeeping and Chain of Custody 6.2 Laboratory Recordkeeping and Chain of Custody 7.0 Calibration and Standardization Procedures 8.0 Analytical Procedures 9.0 Data Reduction, Validation, and Reporting 9.1 Data Reduction and Validation 9.2 Reporting 10.0 Internal Quality Control Checks 10.1 Replicates 10.2 Spiked Samples 10.3 Blanks 10.4 Quality Control Samples 10.5 Calibration standards 10.6 Quality Control Charts 10.7 Surrogate Samples 10.8 Internal Standards 10.9 Reagent Checks 11.0 12.0 13.0 Performance and System Audits Preventive Maintenance Specific Routing Procedures Used to Assess Data Precision, Accuracy, and Completeness 14.0 Corrective Action 15.0 Quality Assurance Reports to Management 2.0 PROJECT DESCRIPTION The State of Colorado is striving to assume the delegation of the, Underground Storage Tank Program and to gain the ability to utilize the Leaking Underground Stor..ge Tank Trust. Fund in situations here appropriate. The implementation of this program requires a strong commitment by the Ha:aroous Materials and waste Nanagewent and laboratory Divisions of the Colorado Department of Health to provide an adequate sampling program and the services and capabilities necessary for the program projects. It is the intent of this document to delineate the QA/QC procedural guidelines, in accordance with EPA procedures and methods, for the collection of samples through the final reporting of data to ensure the quality of the data. Inherent in the QA/QC project plan are necessary checks and controls to ensure the precision, accuracy, completeness, comparability, and representativeness of the laboratory data generated through field investigations stemming from the release of regulated substances. The intended use of data generated under this plan is tc support the monitoring and enforcements efforts of the Underground Storage Tank Program associated with investigations resulting from the release of regulated substances. 3.0 PROJECT ORGANIZATION The Colorado Department of Health is currently responsible for the administration and enforcement of the Underground Storage Tank Program. The Departmental organizational chart is illustrated in Figure 1. 4.0 QUALITY ASSURANCE OBJECTIVES 4.1 Precision - Target limits for the analytical precision of the data are presented in Table 1 for each of the major analytical measurements parameters. These -limits are subiect to some degree of change since an insufficient data base presently exists for a concise statement of precision. However, the control limits will not exceed 2 standard deviations. Quality control samples are being analyzed to establish the precision of the various measurement parameters. 4.2 Accuracy - Table 1 includes the accuracy limits specified for each of the analytical measurement parameters performed by the laboratory staff. These limits are subject to change as they are specified in various E?A methods and procedures. 4..3 Completeness is a measure of the amount of valid data obtained compared to that which was expected. Completeness for each procedure is specified in Table 1. 4,4 Representativeness - The Field and laboratory sampling techniques and procedures are designed to ensure that a representative sample or portion thereof was used to generate the analytical data. The field sampling procedures are described in Section 6. 4.5 Comparability - The data reported from the laboratory will be in units consistent with other reporting organizations. — 1 —J X01,11 4 • R• � R •• r-• 0 n 0 a IR F• a raj - r . Q. r f a PC P. 0 .c : r • •+ �v0 , 0 ▪ 2 2 ( • • 0 • 0 i 40• 4 3 i K iii - O• 3 C n C cc f c 3 G • F I' C Q •C I arc - 2 • O.r rn I r . C R..- 3 3 e c r . • — 3 !! c x O n c a • C...11212=116.0 x 0 00• 0 0 0• • • 3 9 0 '0 n• •1 K •0Q• -•-c • Mrd -■ i n n- •a C. • 7 2 • r} F 0 0-11•22.-.2"C 0 P. 0 0 C. 0 0 •C C • 0.0.0 r 7r w • r • • • n n a • r• n • r 3 +• • 0 • n - r • • pUfifl •A•ig O • r In C• r • c 7 ~O • C Z 0 c F. 7 Y • 3 • 0 0 • 'S 0 Z w K ..re7 Cr401 Q r c 6• 0 n K 0 • 9 n. ■ 0 I. 3 F . r • 01 • L C • - • 3 C P • 3 s a t'n a o -1- • ■ n r - • - m ■ 0 3 3 • • • ry • • ■ n O a • • r. • 1.1 i P. M 0 C 0 i 0 0 . - 0c C • • 1Y c n ▪ I. a o. 3 • C 0 r+• �.m C r r 3 • .- n • 3-F?r 110 r rG 3 n s • C - IF 0 • a .• ► ■ r • - iP. • • • C • C 0 O .0 ✓ ▪ x O 0 Z « - 0. 0 c • T. N . •r. f '.911n G0 O • n a R 171 2 r 7 r Q R .0 - G O 0 I- 0 0 r .- L 4 C. L - L O r 0Ci r 0 I x ■ r • 0 N n r a` O s • a 4S4f1• c o • o ; rc • • • • r-nr`l ■ n 4• • •• • PC CO+C F i0.e► a 0 . P r Tr • 0 - • • n -- a5 UO1i*i1WJUiH .110 i 01 Q - C 0 C II • ▪ 7 Pe r O . 0 2 Y C F o • •-+ 10. - C • • -n n a 0 7. • 3 n - .0 a 2 ....0 0. ► a 92 C. C272C272C. 01.1 C ■ 1110..0C. 0o-..0 iA O# r w•■+ a.0 n 7 C n a a 0 ( fes • 7t"i. " 09 0 2F OP c'2 n - Q n R--- 0, H r■ r n a■ 0 F •••• o4.0 0 O'J■ r3 C ]r' 0. n ••l 3 7 a 3 n 17 3 -r-' 01 - C 0. 0i • .0lc C a 0 -0 C. n •'- Fa•53 • 0 • ■ 3 r Q 0. = r .-0. O r - .,C 0 • • r 0 I -R �[• a -^ • o 0.00. 2 P 4 -"-1 xrb C -r rt- -• Q -. 0 0 0, 0• >; - n • T 0 r. • a G. r G "n'I r �yI • n• c Z F [ �t •C .c s Y 100• •00.' 1S r t .•. • 3 -.1 n •.. 5 Z 07n •-n c • .- Q 0 • ^ - a r c 0 • !1 PO • nO -i •- or r 7 ..n & r • n --o- n 'C 7 . a 1a • 0-c ZSP ID 074'CI r• r e O 00 0. 3 r r5 =5 ■ S. • cr-n cra - .r a • cr s 0 o 0. O 0. • s • • 0'00 • fin r •i I'f A • Q •1 =C.=0 a s • • n M L- - r ✓ amp • ✓ C r a 01 • .O • • I• • • • n 0. Q c 0 • 0 • C ✓ r 0 4 • A - n Y C. -G • 0 r7 • n N 92 • 0. ✓ S O OM Z a7 • O 0 .- S n • n•m r L7 i n 3 H n � r v a 0 3 5.0 SAMPLING PROCEDURES 5.1 Techniques or Guidelines Used to Select Sizes Because of the diversity of sampling conditions, a sampling work plan will be formulazed on a case by case basis. The project C___cer or emergency response persunnel ..:___ze :- f:__owing guidelines. 1. Review all existing information including inspection files, laboratory studies, correspondence, etc. The nature of the product or contaminants, the history of sampling resulcs, the appropriate ASTM sampling method will determine the number and location of samples, the sample parameters, and the necessary equipment for the sampling work plan. 2. Consult with Division management and Quality Assurance Office on the sampling work pian. In some cases, it may be decided that the product or contaminant is too hazardous for Department personnel to handle, and a contractor may be retained to sample and analyze the product or contaminant. 3.. Coordinate with other CDH divisions, federal and local agencies and the facility operator so as to maximize the meaningfulness of the results, avoid duplication of work, and maintain good communications. Z. Visually inspect the sampling locations and analyze media with field instruments (ph and conductivity meter(s). thermometer, photoionizer, resistivity meter, explosometer. OVA, etc.) prior to sampling in order to verify previously formulated sampling strategy. The above guidelines are utilized to varying degrees depending on the sampling situation.- For emergency response, the responding individual gathers whatever information is available from conversations with on -scene personnel (local fire departments. owner and/or operator, etc.) and, if time allows, from office file, prior to sampling. 5.2 Sampling Strategies for Various Receptacles 1. Tanks A. Sampling Considerations If stratification is Down or suspected, samples will be taken in a dist ibu:ion proportionate to ther laver volumes. If access to the tank is restricted samples taken will ncz be considered representative unless the contents are known to be homogeneous, or unless samples are taken in a dis-_:bution proportionate to layer volumes while the tank is being emptied. 3 - uJO6165 Analvte Method Ilexavalent Chromium Chelation-Extn TABLE 1 OUALITY ASSURANCE OBJECTIVES cu a Ccmri! etene9al; EPA -7197 ± 2 Std. Dev. Copper AA -Direct . EPA -7210 AA -Furnace EPA -7211 Lead ± 2 Std. Dev. ± 2 Std. Dev. + 2 Std. Dev. ± 2 Std. Dev. AA -Direct EPA -7420 AA -Furnace EPA -7470 ± 2 Std Dev. 90 ± 2 Std, Dev, + 2 Std. Dev. Mercury " AA -Cold Vapor AA -Cold Vapor EPA -7470 EPA -7471 Nickel AA -Direct EPA -7520 ± 2 Std. Dev, ± 2 Std. Dev. " AA -Furnace EPA -7521 Osmium AA -Direct EPA -7550 + 2 Std, Dev. ± 2 Std. Dev, AA -Furnace EPA -7551 Selenium Turner Approved " ' Fluorometric ± Std. Dev' ± 2 Std. [fav, alternate Silver AA -Direct EPA -7760 " AA -Furnace ± Std. Dev. ± 2 Std. Dev, EPA -7761 Thallium AA -Direct EPA -7740 ± Std. Dev, " AA -Furnace + 2 Std, Dev. FPA -T741 Vanadium AA -Direct EPA -7910 ± Std. Dev. " AA -Furnace EPA -7911 + 2 Std. Dev. Zinc AA -Direct EPA -7950± Std.+ 2 Std. Dev, " AA -Furnace EPA -7951 Dev. + Std. Dev. Acid DLRijon AA -Flame EPA -3010 - 90 90 90 90 90 90 90 90 90 90 Ana yte Acid Digestion Acid Digestion Oils, etc, Method AA -Furnace rABLE 1 •p QUALITY ASSURANCE OaJECTIVES Re feranc Precision Accuracy i:.>Mnp l eteness% EPA- 3020 EPA -3030 Dissolution EPA -3040 Oils, etc. Acid Digestion EPA -3050 Sludges Alkaline Digestion EPA -3060 Sep Funnel Extracation Lig-Lig EPA -3510 Continuous Extracation Lig-Lig EPA -3520 Clean-up Extraction Acid Base EPA -3530 Extraction Soxhlet Extraction Sonication lleadspace GC GC/HS EPA -3540 EPA -3550 EPA -5020 Purge/Trap GC EPA -5030 GC/HS Halogenated GC EPA -8010 Vol. org. Hon -Halogenated GC EPA -8015 Vol. org. UG00I 6 Std. Dev. ± Std. Dev. ± Std. Dev. — Std. Dev. 90' 90 TABLE 1 QUALITY liSSUMJlCE OBJECTIVES An 1yte Method _ Reference* I'reeision Accurer�y coma)ntenes!Z Aromatic Vol GC EPA -8020 ± 2 Std. Dev. ± Std. Dev. 90 Acrole1n Acrylonitrile GC EPA -8030 ± 2 Std. Dev. ± Std. Dev. 90 Automtril Phenols CC EPA -8040 ± 2 Std. Dev. ± Std.'Dev. 90 Phthalate Esters GC EPA -8060 + 2 Std. Dev. + Std. Dev. 90 Organchlorine Pesticides/PCB CC EPA -8080 ± 2 Std. Dev. ± Sid. Dev. 90 Nitro Aromatic GC EPA -8190 ± 2 Std. Dev. ± Std. Dev. 90 Cyclic Ketones PAH CC EPA -8100 ± 2 Std. Dev. ± Std. Dev. 90 HPLC EPA -8310 + 2 Std. Dev. ± Std. Dev. 90 r Chlorinated GC EPA -8120 ± 2 Std. Dev. ± Std. Dev. 90 Hydrocarbons Organo Phosphorous GC EPA -8140 Cl -Herbicides CC EPA -8150 Vol, Organics GC/NS EPA -8240 Semi -Vol CC/HS EPA -8250 Packed Column • 2 Std. Dev. ± 2 Std. Dev. ± 2 Std. Dev, • 2 Std. Dev. ± Std. Dev. ± Std. Dev. ± Std. Dev. ± Std. Dev. 90 90 90 90 .dLE 1 QUALITY ASSURANCE OBJECTIVES 6nalyte Method R eferenc_e* Precision AccurAC't CI Inti r:tene9SX Semi -Vol 2 Std. Dev. ± 2 Std. Dev. 90 Capillary Col. CC/HS EPA -8270 CN Titration EPA -9010 ± 2 Std. Dev. ± 2 Std. Derv. .0 Colorimetric TOX (halide) Hicrocoulemetric Titration EPA -9020 ± 2 Std. Dev. ± 2 Std. Dev. 90 Sulfides Titration EPA -9030 ± 2 Std. Dev. ± 2 Std. Dev. 90 P11 >lectrometric EPA -9040.f 2 Std. Dev. ± 2 Std. Dev. iD 111 * EPA -SW -846, 2nd ed. C' cn cy 11 TABLE 1 OUALITY ASSURANCE OBJECTIVES Analyte Method Reference* Precision Accuracy lgnitablllty Pensky-Martin EPA -1010 ± 2 Std. Dev. ± 2 Std. Dev. Closed -Cup ± 2 Std. Dev. ± 2 Std. Dev. Corrostvtty EPA -1110 ± 2 Std. Dev. ± 2 Std. Dev, Reactivity EP-Tox Antimony Arsenic Barium N Beryllium Cadmium K Chromium Hexavalent Chromium Hexavalent Chromium EPA -Reserved Extraction EPA -1310 Structu-al Integrity EPA -7040 SDDC EPA -206:4 AA -Direct EPA -7080 AA -Furnace EPA -7081 EPA -7090 EPA -7131 EPA -7130 EPA -7131 AA -Direct EPA -7190 AA-Furance EPA -7191 Calorimetric EPA -7196 AA -Direct M-1urance AA -Direct AA-Furance ± 2 Std. Dev • 2 Std. Dev. ± 2 Std. Dev. ± 2 Std. Dev. ± 2 Std. Dev. ± 2 Std. Dev. ± 2 Std. Dev. ± 2 Std. Dev. CompleteneSS1 90 90 ± 2 Std. Dev. 90 ± 2 Std. Dev. 90 ± 2 Std. Dev, 90 ± 2 Std. Dev. 90 • 2 Std. Dev. ± 2 Std. Dev. ± 2 Std. Dev. ± 2 Std. Dev. 90 90 90 90 B. Equipment Used for sampling tanks includes the dipper. 2. Sols A. Sampling Considerations Coiiwasa, weighted bottle, and pond The three dimensional random sampling strategy is used for soils. Where information indicates that the distribution of various contaminant types through the site is heterogeneous, the sampling strategy may be modified accordingly. B. Equipment Equipment used for sampling soil includes the hollow stemmed auger, split spoon sampler, arid shovels. Backhoes are necessary to access deeper soils. C. Soil Gas Sampling Soil gas sampling and analysis may be required at most sites. This function. may be contracted our at most sites. Consideration (s) must be given to compatibility of the substance with the instrument used for sampling and container to store the sample. Instruments used tc sample roust be deconta.Yinated prior to subsequent sampling to prevent cross -contamination_ rinsates, which are considered a hazardous waste will be collected and properly disposed. Any rinsate not considered a hazardous waste will be discharged onsite, provided prior approval has been received from the property owner. 5 3 Specific Procedures to be Used Because the products or contaminants -vary in physical fora and consistency, the methods and equipment used for sampling are chosen such that a representative sample is obtained. A representative sample is defined as a sample which can be expected to exhibit the average -properties of the universe or whole of the contaminant or contaminated material. The following sampling methods are those used for products or contaminant with properties similar to the indicated materials: Extremely viscous liquid - ASTM Standard E140-70 crushed or powdered material - ASTM Standard D346-78 soil or rock -like material - ASTM Standard D420-69 fly -ash like material - ASTM Standard D2234-76. The ASTM methods are located in the Standard. Operating Procedures manual. Also located in the Standard Operating Procedures Manual is ASTM Standard 4 300-73. This method provides a discussion on obtaining representative samples for both solids and liquids from a variety of containers. UJGU1t8 Because some of these methods are not specifically adapted to sampling of petroleum related materials and contaminants, the following plan is followed in order to reduce sampling errors, protect sample integrity, and protect sampling( personnel. 1. Review pW e': ious lv formulated sampling work pian and AS7M nz.thad to ascertain the appropriate number amc loca:ior. of sampling sites. 2. Select equipment, containers, personnel protective gear, field instruments, and sample transport material/equipment. 3. Observe all applicable safety precautions and utilize protective gear. 4. When on-site, visually inspect and utilize instruments (pH and conductivity meter (s), thermometer, photoionizer, resistivity meter, explosometer, OVA) to confirm sampling work plan. 5. Execute sampling method such that a representative sample is obtained. 6. Observe proper sample preservation techniques, and seal containers with appropriate closure method. 7. Label sample and apply tamper proof seal. 8. Record all sample information in a field notebook. 9. Fill out chain of custody record. 10. Deliver samples to the laboratory. Observe specified holding times for each parameter. 11. Fill out laboratory analysis request forms and sign off chain of custody sheet to responsible individual in laboratory. 5.4 Sampling Equipment Sampling equipment includes the machinery, supplies, tools, implements, and protective devices utilized in the collection and transportation of potentially hazardous /flammable samples. An inventory of the items available at the Department appears in Figure A. Figure B is comprised of equipment that must be acquired to facilitate the needs of staff to ensure that complete and accurate investigations are conducted. Refer to manufacturers manuals for directions on the use of pH meter, conductivity meter. photoionizer, and resistivity meter. This list is not inclusive of all equipment necessary for petroleum product or waste sampling and analysis of highly hazardous/flammable products or wastes will be carried out by contractors. FIGURE A Checklist of Sampling Equipment Hollow stem auger -r, Shovel Buckets, stainless steel and polyethylene Stainless steel bailer Submersible steel pump (2") with hoses, graduated cable, battery, and stand Measuring tape Chain of custody forms Field notebook .Coolers Disposable coveralls Neoprene boots Neoprene gloves Goggles Hardhats Respirators, half mask, with dual cartridges Escape mask (5 minutes) **Equipment may be available for CDH use as necessary, or may be rented on an as needed basis. FIGS B Checklist of necessary field equipment Scoops, stainless steel and polyethylene Sample Containers: -borosilicate glass with teflon lined screw caps for organic parameters -high density or liner polyethylene with screw caps for inorganic parameters Sample seals and labels Field Instruments: pH meter, conductivity meter, photoionizer resistivity meter, explosometer, OVA Camera 5.5 Sample containers are chosen with the following factors in mind: Compatibility with the waste, resistance to breakage, cost, shape, and volume. Preparation of the containers consists of adding a preservative and/or a spike prior to going out into the field. Blind field spikes and field duplicates are collected and analyzed on a site by site basis. UU( 61 9 — 11 Laboratory personnel are responsible for preparing containers with preservatives and/or spikes. Field duplicates will be taken during each.site sampling visit. least ane duplicate will be obtained during each event. :enuested Organic parameters: pesticides, FP ton, priority pollutants, TOC, TCH , etc. Organic parameters: VOA Flash point Inorganic parameters: As, Cr, Pb, Ag, Zn, etc. Cc-�ainer Low alkali borosilicates glass with teflon lined screw caps (amber/clear) 40 or 60 ml open top screw cap barosilicaze with teflon septums Unvarnished metal High density or linear polyethylene with.. screw cap 5 6 Sample Preservation and Holding Times. LiTitazions Not to be used for HF strong alkali samples Not to be used for HF or strong alkali samples At ,f Not to be used for samples collected for inorganic analyses Not to be used for samples collected for inorganic analyses Generally, petroleum related products or waste samples are not preserved prior to analysis. However, all samples should be cooled during transportation an storage. Analysis should follow sampling as quickly as possible. For some "environmental" samples (e.g. ground or surface water or soil that is not grossly contaminated), preservatives are used. Table II* lists containers, preservatives, and maximum holding times for water quality parameters. *Reproduced from final draft amendments to 40 CFR 136. Table 1 - Required Containers, Preservation Techniques, and Holding Times Measurement Container! Preservative2.3 Maximum Table/Parameter Holding Time; Bacteria Tests Coliform, fecal P,G and total Fecal streptococci P,G Jnorganic Tests Acidity Alkalinity Ammonia P,G P,C P,G BOD P,C BOD carbonaceous, P,G Bromide P,G Chemical oxygen P,G demand Cool, 4°C 0.008% Na2S202 Cool, 4°C 0.008% Nae S2 O2 Cool, 4°C Cool, 4°C Cool, 4°C 112 SOS, to pH Cool 4°C Cool, 4°C None required 112 SO4 to pH 2 5 6 hours 6 hours 14 days 14 days 28 days 48 hours 48 hours 28 days Cool, 4°C Table 11 - Required Containers, Preservation Techniques, and Holding Times Measurement Container' Preservatfve, 3 Maximum Table/Parameter Holding time 4 inorganic Testa, Chloride P,G Hone required Chloride, total P,G None required residual Color P,C Cool, 4°C Cyanide, total and Cool, 4°C amenable to chlorination P,G NaOH to p11 12 0.6g ascorbic acid Fluoride P None required Hardness P,G HNO3 to p11 2 Hydrogen ion (p11) P,G None required Kjeldahl and organic P,G Cool, I,0C Nitrogen 11504 to p11 2 Chromium V1 Mercury P,G P,G s 28 days Analyze immediately 48 hours 14 days 20 days 6 months Analyze immediately 28 days Cool, 4°C 24 hours HNO3 to pH 2 28 days 1 Table 11 - Required Containers, Preservation Techniques, and Holding Times Measurement Table/Parameter Container) Preservative2.3 Hax i mun Holding Time Aacteria Tests Coliform, fecal, and total Fecal atreptococci Inorganic Testa Acidity Alkalinity Ammonia ROD BOD carbonaceous, Bromide Chemical oxygen demand P,C P,G P,C P,G P,C P,C P,G P,G P,C Coot, 4°C 0.008% Nae S2 02 Cool, 4°C 0.008% Ha2S202 Cool, 4°C Cool, 4°C Cool, 4°C 112504 to pH Cool 4°C Cool, 4°C None required 112 SO4 to pll 2 3 3 6 hours 6 hours 14 days 14 days 28 days 48 hours 48 hours 28 days Cool, 4°C Table 11 - Required Containers, Preservation Techniques, and holding Tunes Measurement Table/Parameter Cantainerl Preservative2•, Maximum Holding time ; inorganic Tests Chloride P,G None required Chloride, total P,G None required residual Color P.0 Coot, 4°C Cyanide, total and Cool, 4°C amenable to chlorination P.0 NaOH to 01 12 0.6g ascorbic acid Fluoride P None requi iced Hardness P,G HNO3 to pH 2 Hydrogen ion (pH) P,G None required KJeldahl and organic P,G Cool, 4°C Nitrogen 112SO4 to p11 2 Metals Chromium V1 P,G Cool, 4°C Mercury P,C HNO3 to p11 2 28 days Analyze immediately 48 hours 14 days 28 days 6 months Analyze immediately 28 days 24 hours 28 days Th Table II - Required Containers, Preservation Techniques, and Holding Times Measurement Container~ Preservative2.3 Maximum Table/Parameter holding Time 4 Metals P,G HNO3 to p11 2 6 months except above Nitrate P.0 Cool, 4°C 48 hours Cool, li°C Nitrate -nitrite P,C H32SO4 to pll 2 28 days Nitrite P,G Cool, 411C 48 hours 0(1 end grease G Cool, 4°C pH 2 28 days II2S044 to pH 2 Organic carbon P,G Cool, 4°C 28 days IIC1 or H2 SO4 to pH 2 Orthophosphate P,G Filter immediately 48 hours Cool, 4 C Table II - Required Containers, Preservation Techniques, and Holding Times Measurement Container' Preservative2.3 Maximum Table/Parameter Holding Time 4 Metals P,G except above Nitrate P,G Nitrate -nitrite P,C Nitrite P,G Oil and grease C Organic carbon P.0 Orthophosphate P,G HNO, to pll 2 Cool, 4°C Cool, 40C 1122501 to pH 2 Cool, 4°C Cool, 4°C p11 2 110044 4 to pll 2 Cool, 4°C IICI or H2SO4 to pil 2 Filter Immediately Cool, 4 C 6 months 40 hours 28 days 48 hours 28 days 28 days 48 hours Table II Required Containers, Preservation TEchniques, and Holding Times Measurement Table/Parameter Oxygen, Dissolved Probe Winkler Phenols Phosphorus (elemental) Phosphorus. total Residue, total Residue, Filterable Residue, Nonfllterable (TSS) Residue, settleable Residue, volatile Contalner1 Preaervative2.3 H1ximum . Holding Times G Bottle and top G Bottle end top G only G P,C P,G P,G P,G P,G P.0 None required Fix on site and store in dark Cool, 4°C 112 504 to pl1 2 Cool, 4°C Coot, 4°C H2SO4 to p1! 2 Cool, 4°C Cool, 4°C Cool, 4°C Analyze immediately 8 hours 28 days 48 hours 28 days 7 days 7 days 7 days Cool, 4°C 48 hours Cool, 4°C 7 days Table Ii Required Containers, Preservation Techniques, and Raiding Times Measurement Maximum Table/Parameter Container' Preservative2.3 Holding Time; Silica Specific conductance Sulfate Sulfide P P,G PIG PIC Sulfite P,G Surfactants P,C Temperature P,G Turbidity P,G Cool, 4°C Cool, 4°C Cool, 4°C Cool, 4°C, acid zinc acetate plus sodium hydroxide to pH? 9 None required Cool, 4°C None required Cool, 4°C 28 days 28 days 28 days 7 days Analyze immediately 48 hours Analyze immediaicly 48 hours L— L.__ Table II Required Containers, Preservation Techniques, and holding Times • 1 -J Measurement Table/Parameter Container Preservative2.1 Maximum Holding Time Chlorinated hyd rocs rbons ' t TCDD" t pesticides Tests Pesticides11 Radiological Tests Alpha, beta and radium 0, Teflon -cap 0, Teflon -cap 0. Teflon -lined cap Cool, 4°C Cool, 400 0.00674 Na2S203 3 Cool, 4°C pH g-9'' P , G I1H03 to pl l <2 7 days until extraction, 40 days after extraction 7 days until extraction, 40 days after extraction 7 days until extraction, 40 days until extraction 6 months Table 11 Required Containers, Preservation Techniques, and Holding Times Measurement Table/Parameter Container' Preaervative2,3 MAXLmum Holding Time Organic Tests8 Purgeable halocarbons Purgeable aromatics Acrolein and acrylonitrile 0, Teflon -lined septum C, Teflon -lined septum 0, Teflon -lined septum Phenols"' C, Teflon -lined cap Cool, 4°C 0.008% Nae S2 03 5 Cool, 4°C 0.008% Nae S2 0, 0.04% HCL 5 Cool, 4°C 0.008% Na2S205 5 Adjust pH to 4-51° 14 days 14 days 14 dsya Cool, 4°C 7 days until extraction, 0.008% Na2S203 5 40 days after extraction Table II Required Containers, Preservation Techniques, and Holding Times Measurement Table/Parameter Containers Preservative2.3 Maximum Holding Time' 8enzindinestt Phthalate esters" Nitrosamines11 PCBs" Ni 1 rnnrmmnl;le'.n nttd isophorone " Polynuclear aromatic hydrocarbons" Ilaloetherst t C, Teflon -lined cap G , Teflon -lined cap O , Teflon - lined cap C, Teflon - lined cap C, Teflon - lined cap G, Teflon- llned cap C, Teflon - lined cap Cool, 4°C 0.008% Na2S203 Cont. 4°C Cool, 4°C • store in dark Cool 4°C Coot, 4°C 3 Cool, 4°C ' 0.008% Na2S203 s atore in dark Cool, 40C 0.008% Na2S203 S 7 days until extraction13 7 days until 40 days after 7 days until 40 days after 7 days until 40 days after 1 days until 40 days after 7 days until 40 days after extrnr. l inn; extraciion exrrricl inn; ext.rnrt 11)11 extraction; extraction axi r:1i t ii.11; extraction extraction, extraction 7 days until extrrlr.I ion; 40 days after extraction Table II Notes Folvethylene (F) or Ulass lC) 2 Sample(s) preservation should performed immediately sample collection. For composite samples, each aliquot should be preserved at the time of collection. When use of a automated sampler makes it impossible to measure each aliquot the samples may be preserved by maintaining at 4 degrees Centigrade until compositing and sample splitting is completed. 3. When any sample is to be shipped by common carrier or sent through the United States Mail, it must comply with the Department of Transportation Hazardous Materials Regulation (47 CFR 172). The person offering such material for transportation is responsible for ensuring such compliance. For the preservation requirements of Table I, the Office of Hazardous Material, Materials Transportation Bureau, Department of Transportation has determined that the Hazardous Materials Regulations do not apply to the following materials: Hydrochloric acid (HCL) in water solutions at concentrations of 0.04: by weight or less (pH about 1,96 or greater); Nitric acid (HN)3) in water solutions at concentrations of 0.151 by weight or less (pH about 1.15 or greater); and sodium hydroxide (NaOH) in water solutions at concentrations of 0.801 by weight or less (pH about 12.30 or less). 4 Samples should be analyzed as soon as possible after collection. The times listed are the maximum times that samples may be held before analysis and still considered valid. Samples may be held for longer periods only if the permittee. or monitoring laboratory, has data on file to show that the specific types of samples under study are stable for the longer time, and has received a varier. from the Regional Administrator. Some samples may not be stable for the maximum time period given in the table. A permittee, or monitoring laboratory, is obligated to hold the samples for a shorter time if knowledge exists to show this is necessary to maintain sample stability. 5. Should only be used in the presence of residual chlorine. 6. Maximum holding time is 24 hours when sulfide is present. Optionally all samples may be tested with lead acetate paper before the pH adjustment in order to determine if sulfide is present. If sulfide is present, it can be removed b, the addition of cadmium nitrate powder until a negative spot is obtained. 7. Samples should be filtered mediately on-site before adding preservatives for dissolved metals. 8. Guidance applies to samples to be analyzed by GC, LC, or GC/MS for specific compounds. 9 Samples receiving no pH adjustment must be analyzed within seven days of sampling. 10. The pH adjustment is not required if acrolein will not be measured. Samples fo: acrolein receiving no pH adjustment must be analyzed within 3 days of sampling. 11. When the extractable analytes of concern fall within a single chemical category, the specified preservative and maximum holding times should be observed for optimum safeguard of sample integrity. When the analytes of concern fall within two or more chemical cateeories the sample may be preserved by cooling to 40C, reducing residual chlorine with 0.0082 sodium thiosulfate, storing in the dark. and adiusting tne pm tc 6-i.; samples prese_ued in this manner zts: be held far seven days before extraction and for forty days after extraction. Exceptions to this optional preservation and holding time procedure are noted in footnote 6 (re the requirement for thiosulfate reduction of residual chlorine), and footnotes 13, 14 (re; the analysis or chlorine), and footnotes 13, 14 (re the analysis of benzidine). 12. If 1,2-diphenylhrdrazine is likely to be present, adjust the pH of the sample to 4.0 ± 0.2 to prevent rearrangement to benzidine. 13. Extracts may be stored up to 7 days before analysis if storage is conducted under an inert (oxidant -free) atmosphere. 5.7 Record. Keeping and Chain of Custody Field recordkeeping are addressed in Section 6.1. Laboratory recordkeeping and chain of custody are addressed in Section 6.2. 6.0 Sample Custody 6.1 Field Reeordkeep ng and Chain Custody In order for analytical results to be used in enforcement proceedings, chain of custody must be established for the samples collected. Chain of Custody includes: 1. Labelling and applying tamper proof seals to sample containers. Containers should be labeled --Date --Purpose of sampling --Names/addresses of persons contacted in field --Sample number, types, locations, times, ID numbers, and parameters denied sample splits Field measurements made Field observations -- Field calabrations on all instruments used at each site - 25 - • and sealed at the time of collecition. Containers are labeled with.a grease pen with the following Ln44r.:.a- o. .-Collector - Sample number - Collection - Date 6 time of collocation Sample seals are displayed in Figure 3. Tamper proof seals should be placed such that it is necessary to break the seal in order to open the container. Figure 3. Tamper Proof Seal r _. r� :i..Xiibls: r s 1 1.riMTt: 1 s Iiia l least j -'ate"` =A.=er Elim• m 2. Record all information pertinent to a sampling survey in a bound field log book. Information recorded includes:. --Site name and location J No personal notes are to included in log books as notebooks may be used in litigation. 3. Fill out Chain of Custody form during sample collection and transfer cf sample custody. Custocv- of a sample entails having the sample in one's possession or with view. or raving the sample in one's possession or with view or having the sample secured such that no one can tamper with it. The Chain of Custody form is displayed in figure 3. This form is designed for recording a number of samples, indicating if and with whom a sample was split, date and time of collection , etc. Sampling personnel fill out the form during collection. When the laboratory sample custodian accepts the sample, both the sampler and the lab custodian sign the farm. 4. Fill out laboratory request sheet for samples collected. The laboratory request forms are illustrated in figures 4, 5, and 6. Figures 5 and 6 are the forms used for water quality and drinking water parameters (e.g. for non-RCRA facilities). 6.2 Laboratory Recc-dkeening and Chan of Custody Upon receipt of sample(s), the laboratory custodian signs and dates the Chain of Custody form and places the sample in a secured area (locked refrigerator). The custodian also enters the appropriate information on the laboratory tracking form (Figure 4). ;Then the sample is removed by personnel for preparation or analysis. the responsible individual indicates time and date of removal and initials the tracking form. The sample procedure is followed when the sample is checked back into tie locked refrigerator. 7.0 Calibration and Standarditat on Procedures The specific calibration and/or standardization procedures are detailed in the Laboratory Operations manual. Table IV presents the major analytes or analyte classes and a the appropriate standard operating calibrations procedures. Frequencies of calibrations or standardizations are also listed. The standards are to be prepared in accordance with the standard operating procedures contained in the Operations manual. Standard preparations are normally detailed in the specific analytical procedures as sub -sections. 8.0 Analytical ;'rocedures The analytes are determined by established and accepted methods such as those by EPA, ASTM, FDA, and AOAC. Table IV lists the analytes and the corresponding analytical methods used in their determinations. The individual detailed analytical methods are contained in the Operations manual. 9.0 Data Reduction Validation and Retorting — 27 — COLORADO DEP MENT or IIEALTI1 CHEMISTRY SECTION AGENCY: CONTACT PERSON: DIVISION: I OF C O N T A I N E R S , M E T II ❑ D COMMENTS SAMPLER: PItONE I: LOG I • DATE TIME C M P G R D SAMPLE SITE 1 F . RELINQUISHED BY: DATE / DATE / TIME I TIME I RECEIVED BY: I RECEIVED BY: DATE / DATE TIME I / TIME SEND FINAL REPORT To: F RELINQUISHED BY: RELINQUISHED BY: DATE / TIME RECEIVED BY: DATE / TIME DISPOSITION: - C II A I N OF CUSTODY 3191 MATER Q DATL Colorado Department of Nesltb. Yater Quality Control Division SAMPLE Inorganic Lab No. Env. Micro. Lab No. X 1 v ui►.C. ,,. Received By: Received By: 4D.ze Sampling Location: Mate Received pi, Inorganic: Fteport by Iaorg. lab: 1 1 Ls« 1 1 'Date and Tine Collected: 7._ _ � _ !4 1 I !i D D Min T T M I1 M 1 D 1 D 1E Mi . I Date Received by Env. Mtero: Date Resorted_ by Env. Micro: T T N ` M D D 1 Hra. Min. 11 222E 7= TTM P1 D D Hrs . M .u.4 Y T P1 M D D Ere. Min. - Name of Semler: tress Samm1e: Cheek one: Yield Obse-vatiots: COMS.PF= I INCOMPLETE El SPECIAL P60 SAZiJ FLOW (ea 7 P310 SOD (ng/1) - - N�ANFSE () P1056 MugT _ 1 1 1 1 1 1 1 1 1 P21 AIS TEMPERATURE (P0) 1 P530 TSS (ng/1) P1060 MSLTBDFNDM (ug/1) P11 SAMPLE Ti'TERATURE (To) I P70300 ?D6 (myg/1)1 P106_ NICK= ( /1) 11Ti 1 I ii _ P300 DO (mgII) 1 P9.5 C0ND (m1eramhoa) 1 P1075 SILVER (at/1) 1. I § 1 1 I 1 r P400 (Standard Unita) P940 'CELARIDE (mg/1) I P1090 ZINC+I(ug/1) 1pH � d !1 P:_.45 SELENIUM l i 1 ( 11)- 1 I - r410 T -ALX as CaCO3 (ng/1) P945 SDIFA=( /1) 1 I 1 1 1 1 1 1 P900 T-EALDNESS-CAC03(sg/1) 1 P1000 ARSENIC (ug/1) P7 890 MERCURT (ems/1) 1 1 1 1_ P610 MM1 AONIA as N+ 11 (fte1) P1022 E0RON (ujg/1) P22703 - aR.Ti"41Y -Natura1 (ug 11) P 1 1 i 1 I 1 1 jA 1 1 P625 ?]CN as N (mg/1) P3025 CAD TUP1 (ug/1) 1 1 1 1 1 f I 1 1 P630 NTLWIE/NIMLA.TP-N(m /1) '1030 T -C C CUM ( J1) 111 1 1 T111 P665 T-PSCS as P (• • /1) P1040 =PPE! ( /1) I I P723 -CYANIDE`` (wt/I) P1046 IRON (ug'/1) C 1 ( P31615 F -COLI. (De: 100 art) P1049 LEAD (ua/1) 1 - Remarks: COLORADO DEPARTMENT OF HEALTH WASTE MANAGEMENT DIVISION .Field zfl =MIST= SECTION DATA water Lab ID Cots. . Pr t. r... Name of Sampling Location: Date/Time of Collection 4Remarks: • Submitted by: Date/Time: Circle: Crap. Grab Report Results to: Date/Time rec' d in lab: - Rec'd ky - - Date Reported: Methodology El SW -846 71EPA-600-4-79-020 Percent Moisture Chloride (mg/1) Lead (ug/1) pH (Standard gaits) B Imide (mg/1) - Manganese (ug/l) - Ammonia as N (mg/1) Cyanide (distilled) (mg/1; Mercury (ug/1) 'itrite/Nitrate as N (mg/1) Cyanide (non tilled) (mg/1) Molybdenum (ug/I) =OD (mg/1) Sulfate (mg/1) Potassium (mg/1) =,:1 and Grease (mg/1) • Phenol (ug/1) - Selenium . (ug/1) ;onductivity (eic=omhos) Arsenic (ug/1) Sodium (mg/1) total Dissolved Solids (mg/1) Barium (ug/1) - Total Alkalinity as CaCO3 (mg/1) Cadmium (ug/1) Total Hardness as CaCO, (mg/1) Total Chromium • (ug/1) Calcium as CaCO3 (rag/1) Copper (ug/1) magnesium as Mg (mg/1) Iron (ug/1) 7 C7 C7 c7 Chlorinated Herbicides tc' 0 Analyte (a) Procedure TABLE IV CALIBRATIONS/STANIIARDIZATIONS Section Prep. Cal ib. Frequency (min. spec.) J Si anslnrd Curve (min. spec.) Halogenated Volatile Organics Non -halogenated Volatile Organics Aromatic Volatile Organics Acrolein, Acrylonitrile, Acetonitrile Phenols Phthalate Esters Organochlorine Pesticides PCB's Nitrocronatic Cyclic Ketones Polynuclear Aromatics Chlorohydrocarbons Organophosphorus Pesticides 8010 8015 8015 8030 8040 8060 8080 8090 8100 8120 8140 5.3; 7.2 5.3; 7.2 5.3; 7.2 5.3: 7.2 5.3; 7.2 5.4; 7.4 5.4; 7.3 5.4; 7.4 5.4; 7.4 5.4; 7.4 5.4; 7.3 Daily Response Check Daily Response Check Daily Response Check Daily Response Check Daily Response Check Daily Response Check Daily Response Check Daily Response Check Daily Response Check Daily Response Check Daily Response Check 81.50 5.13; 7.3 Daily Response Check 3 -level 3 level 3 level 3 •level 3 -level 3 -level 3 -level 3 -level 3 -level 3 -level 3 -level 3 -level 1 : v: Y ° TABLE IV CALIBRATIONS/STANDARDIZATIONS Analyte_„ (s), ' Procedure Section Frequency Prep. Calib. (min. spec.) Standard Curve (min. spec.) Vo1atils,,Prganics- GW/HSu 1 Y, Semlvolatkle:Organics - GG/H$ 1farkod.:G4lumn Semiyoletilp..0t anice - CC Ceptllar)r. Cvlulin Polynpi1epr, Aromatic Hydrocarbons 3 1.Y .0. 1 w' Antimony Direct 0.+,4 Furnace kn°.rg{. Arsenic Furnace ,y'1141 , • Hydride ti 'Barium Direct Furnace.,, 8240 5.5; 1.1; 7.2 Dally Response Check 1-1evel or hitter 8250 7.1; 7.2 Daily Response Check 3 level 8270 7.1; 7.2 Daily Response Check 3 -level 8310 5.4; 7.3 Daily Response Check 3 h vel 7040 5.3; 5.4; 7.5 Throughout run him+I. + 6-8 atds (minimum 1/10) . , 7041 5.4; 5.4; 7.7 Throughout run blank + 6.8 stds (minimum 1/10) 7060 5.4; 5.7; 7.1 Throughout run blank + 6-8 stds (minimum 1/10) 7061 5.8; 7.2 Throughout run 1.1nnk + 6.8 atds (minimum 1/10) 7080 5.6; 7.5 Throughout run blank + 6.8 stds (minimum 1/10) 7081 5.3; 7.6 Throughout run hlnnk 4 6-8 stds (minimum 1/10) Analyte (s) TABLE IV CALIBRATIONS; STANDARDIZATIONS Procdcure Section Prep. Celli). Cadium Direct Furnace Chromium Direct Furnace Hexavalent Coprecipitation - Direct - Furnace Hexavalent Chromium Colorimetric Hexavalent Chromium Chelation/Extraction Lead Direct Furnace Mercury Cold -Vapor Cold -Vapor 7130 7131 7190 7191 7195 7191 7196 7197 7420 7421 7470 7471 5.3; 5,4; 7.5 5.4; 5.5; 7.7 5.3; 5.4; 7.5 5.5; 5.6; 7.6 5.1; 7.8 5.1; 7.9 7.2 7.2 5.3; 5.4; 7.5 4.4; 5.5; 7.6 5.9; 5.10; 7.2 5.7; 5.8; 1.3 Frequency (min. spec.) Throughout Throughout Throughout Throughout run (min. run (min. run (min. run (min. Throughout run (min. 1/10) Throughout run (min. 1/10) Throughout run {min. 1/10) Throughout Throughout Throughout Throughout run run run run (min. (min. (min. (min. Standard Curve' (is+lu. spec.) bl Wilk t 6-8 stds blank t 6-8 stds blank 6-8 stds blank + 6-8 stde blank F 6-8 stds blank + 6.8 stela blank + 6-8 stds 1/10) blank + 6-8 stds 1/10) blank 1 6-8 stds 1/10) I.1nnk 1 6.8 atds 1/10) blank + 6-8 stde Analyte (s) Procedure TABLE IV CALIBRATIONS/STANDARDIZATION Section Frequency Standard Curve Prep. Callb. (min. spec.) (mfrs, spec.) Nickel Direct 7520 5.3; 5.4; 7.5 Throughout run (min. 1/10) binnl: 1 6-8 Rtds Furnace 7521 5.3; 5.4; 7.6 Throughout run (min. 1/10) blank i (.8 stds Selenium Approved Throughout run (min. 1/10) blank 1 6.A stds Turner fluorometric Alternate Silver Direct 7760 5.4; 5.5; 7.7 Throughout run (min. 1/10) blank f 6-8 stds Furnace 7761 5.3; 5.4; 7.8 Throughout run (mire. 1/10) blank t 6-8 stds Note; All organic CC or GC/MS analyses use internal standard and utilize one or more surrogates for QA/QC. Inorganic analyses normally use external standards. Matrices effects are checked by technique of standard additions. Th COLORADO DEPARTMENT OF HEALTH Laboratory Division - Hazardous Materials Lab 4210 East lith Avenue, Denver, Colorado 80220 f,ase/Neu4r 1 Fraction OF an1cs Ariajv3is Data Sio,tL: (EPA Priority Pollutants) Sample Id # Acenaphthene Acenaphthylene Anthracene Benzo (a) anthracene Benzo (b) fluoranthene Benzo (k) Fluoranthene Benzo (a) pyrene Benzo (g,h,i) perylene nzidine ). eis(2-chloroethyl) ether Bis(2-Chloroethoxy) methane Bis(2-ethylehexyl) phthalate Bis(2-chloroissopropyl) ether 4-Bromophenyl phenyl Ether Butyl benzyl phthalate 2-Chloronaphthalene 4-Chlorophenyl phenyl ether Chrysene Dibenzo (a,h) anthracene Di-n-butylphthalate 1,3 -Dichlorobenzene ugft1tax 'e -Dichlorobenzene 1 1.2 -Dichlorobenzene J FIGURE 7 Lab log J ug/liter 24. 3,3' •Dichlorobenzidine 25. Diethylphthalate 26. Dimethylphthalate 27. 2,4-Dinitrotoluene 28. 2,6-Diritrotoluene 29. Dioctylphrhalate 30. 1,2-Diphenylhyd-azine 31. Fluoranthene 32. Fluorene 33. Hexachlorobenzene 34. Hexachlorobutadiene 35. Hexachloroethane 36. Hexachlorocyclopentadiene 37. Indeno (1,2,3 -cd) pyrene 38. Isophorone 39. Naphthalene 40. Nitrobenzene 41. N-Nicrosodimethylamine 42. N-Nitrosodi-n-propylamine 43. N-Nitrosodiphenylamine 44. Phenanthrene 45. Pyrene 46. TCDD 47. 1 ,2,4-Trichlorobefzene ULi G�� COLORADO DEPARTMENT OF HEALTH Laboratory Division - Hazardous Materials Lab . 4210 East llth Avenue, Denver, Colorado 80220 Valptile 0 -snits Analysis Data Sheet (EP,: - Priority Pollutants) Sample Identification No. FIGURES Laboratory Log No. - ugfliter petite; 1. Acrolein 16. 1,1-Dichloroethylene 2. Acrylonitrile 17. t-1,2-Dichloroethylene 3. Benzene - 18. 1,2-Dichloropropane Bromomethane 19. cis-1,3-Dichloropropene 5. Bromodichlorometha*ns 20. t-1,3-Dichloropropene Bromoform 21. Ethylbenzene Carbon Tetrachloride 22. Methylene Chloride 3. Chlorobenzene 23. 1,1,2,2 -tetrachloroethane Chloroethane _ 24. Tetrachloroethylene 10. 2-Chloroethylvinyl Esther 25. 1,111 -Trichloroethane 11. Chloroform 26. 1,1,2 -Trichloroethane _2. Chloromethane _ _ 27. Trichloroethylene _3. Dibroaiochlorometthane -28. Trichlorofluoromethane .4. 1,1-Dichloroethane 29. Toluene _5. 1,2-Dichloroethane 30. Vinyl Chloride Date, Analyst: FIGURE 9 COLORADO DEPARTMENT OF HEALTH Laboratory Division - Hazardous Materials Lab 4210 East lith Avenue, Denver, Cuiucado 8,7,220 Acid_Fraecion Orzanics Analysis Data Sheet (EPA - Priority Pollutants) 5a ple Indentification No. Laboratory Log No. 1. 4-Chloro-3-methylpenal 2. 2 -Chlorophenol 3. 2,4-Dichlorophenol 4. 2,4 -Dimethylphenol 5 2, 4-Dinitrophenol 6. 2-Methyl-4,6-dinitrophenol 7. 2-Nitrophenol $.-4-Nitrophenol 9. Pentachlorophenol 10. Phenol 11. 2,4,6 -Trichlorophenol ts./liter Date: Analyst: 9.1 pata Reductions and Validation The detailed procedures for conducting data reduction and validation are contained in the appropriate sections of the Operations manual. Data reduction involves the conversion of raw data (instrument readings, pear areas, peak heights, etc.), through the use of equations, calibration curves, and standards to the reporting units (concentration) of the measured parameter. Data reduction in the laboratory may proceed by either manual, hand calculator, computer systems or through a combination of two or more reduction methods. A computer is used in the laboratory to collect, store, and manipulate data for certain types of analysis. Data generated is ultimately retained in hard copy form. Data validation is the process by which data is evaluated for acceptability by the applications of a specified set of criteria. The data evaluation shall be accomplished through the applications of statistical tests of outliers. 9.2 'Re ort' Standardized forms will be used for data collections, reduction , and reporting. These forms are illustrated in figures 7,8 and 9. 10.0 ?Pte -nal Quay_ry Control Checks As this document includes the QA/QC for wide variety of analytical techniques, the specific detail concerning each analytical technique and the corresponding analyte are presented in Table IV. The specific procedural details of the various methods found in the Operations Manual. a will be Briefly, the QC checks are: - 10.1 Replicates - At least 10t, or a minimum of one sample per sample set, are run in duplicate. 10,2 Spiked Samples - At least 10%, or a minimum of one sample set of similar matrix, of the samples analyzed are spiked The appropriate spike level is defined in the specific analytical procedure to be found in the Operations Manual. 10.3 Blanks - Procedural blanks are run with each of the sample sets for each of the measurement parameters. These blanks include both system and reagent blanks.. Blanks are to be run on a dailv basis unless a significant system or reagent change has been made and then new blanks must be run. 10.4 Quality Control Samales - Quality control samples are obtained from EPA on a quarterly basis and are analyzed for each of the analyzes specified by the EPA. 10.5 Calibration Standards Calibration standards are prepared and used as specified in the analytical procedures. - 38 - 10.6 Quality Control Charts - Control charts have been developed for all parameters for which there is sufficient data_ Quality Control charts will be developed for all other analytes as soon as enoup data is available. 10.7 Ser -,:e Sant1es - Surrogates are used to con:inm fat prsaa: functioning of analytical instruments. Also, inclusion of the surrogates in each sample allows quantitation of matrix effects on the precision and accuracy for a measurements technique. 10.6 Internal Standards - It is the specified procedure, where appllexble, to employ internal standards to accurately determine the precision and accuracy of an analytical measurement through minimizing the system variables effects. The individual internal standard compounds are specified in the analytical methods contained in the Operations Manual 10.9 Reagent Checks - All reagents used in the specified analytical methods are checked for interferences. These compounds that are used for analytical standards are either of certified purity or have been analyzed to established their purity. 11.0 Performance and System Audits The system audit consist of a qualitative inspection of the QA system in the laboratory and the field including assessment of adequacy of physical facilities for sampling, calibration, and measurement. This audit will include a careful evaluation and review of both field and laboratory quality control procedures in light of planned or past activities of the Underground Storage Tank Program. These Audits will be conducted on an annual basis by the Quality Assurance Coordinators. Performance evaluation will be based upon the results obtained ozi the EPA -audit samples to be analyzed at a minimum of once annually. The parameters to be evaluated will be all of the -measurement techniques utilized for the Underground Storage Tank Program, 12.0 Preventive Maintenance A preventive maintenance program is necessary to minimize instrument downtime and to maintain the analytical capability of the laboratory at all times. Table V contains a listing of the major maintenance functions that are performed on the indicated frequency. A list of critical spare. parts is also given in Table VI. An instrument log is maintained for each instrument to record usage, and maintenance. 13.0 Stecifc Routine Procedures Used to Assess Data Precision, Accuracy, and Comtletene_ss It is the laboratory policy that the precision and accnaacy of data must be routinely assessed for all monitoring or measutement data. The specific procedures used to assess the precision. accuracy, and completeness of the data are to be found in the Operations Manual. These procedures include the statistical determination of the central tendency and dispersion of data, the measures of variability, the tests of significance, the setting of confidence limits. and testing for outliers. 39 — uU0WE) l , 14.0 Corrective Action The limits t1.at have been defined in Section 5:0, Table 1, for data accep:;b li:v, also form the basis for corrective action initlaticn. Initiation of corrective action occurs when the variance of the mean' reaches c_ exceeds 2 standard deviations for data generated froom srike, and sample duplicates. If corrective action is necessary, the analyst will take the following steps to determine and correct the measurement system deficiency: 1. Check all calculations and measurements data (standardization, calibration., concentrations, instrument stability, etc.) 2. Check equipment to ensure that components are functioning properly. 3. Check reagents (age, preparation, concentrations, etc.) 4. Assure that proper procedures were followed. 5. Reanalyze all samples run in conjunction with the duplicate and/or spike. If deficiency continues, consult with the appropriate senior staff member. A second cechanism for initiation of corrective action is that resulting from Quality Assurance activities concerned with performance audits, system audits, inter and intra -laboratory comparison studies, and QA program audits conducted by EPA personnel. Corrective Actions initiated _hrough this mechanism will be monitored and coordinated 1. the laboratory QA officer. 15.0 Duality Assurance Retorts to Management The Quality Assurance Coordinators will be responsible for preparation and submission of quality assurance reports to the appropriate management personnel as problems and issues arise. mese reports will include: 1. Assessment of measurement data accuracy, precision and completeness 2. Results of performance audits; 3. Results of system audits; 4. Significant QA problems, corrective action, or recommended actions. Also, an annual report which summarizes the data quality information contained in zhe previous four quarterly reports will be submitted. The official sign -off for each QA/QC plan developed is listed in Table VII of this document. The page includes a separate signature line for each individual responsible for work onsite. In addition, the page has a signature block for approvals by the onsite coordinator(s) for the contractor as well as for the state representative. All QA/QC plans must receive final approval, signified by signature and date, from the Field Quality Assurance officer. — 40 — Weekly Monthly 6 -Month TABLE V - \4 i PREVENTIVE MAIAiE? A Z GC/MS 1. Check contents and pressure of the compressed gas cylinders. 2. Change inlet s ep tum . 3. Check for source contamination and electron multiplier performance. 1. Check mechanical pump oil levels. 2. Check refrigeration coolant level and temperature. 3. Check carrier gas drier. 4. Clean air filters on computers and printers. 1. Clean data systems and reading heads. 1 Change mechanical pump oil. 2. Change turbopump oil. 3. Change foreline adsorbent trap. 4. Recondition chemical filter. - 41 WUGI+ t,4 Daily Annual a Da; 1v Ouar:erly Annual TABLE V PREVENTIVE MAINTENANCE LTE' - Visible SFectroahometer 1. Check absorption cells for cleanliness and scratches 1. Check wavelength alignment using potassium permanganate. pH Meter 1. Maintain electrodes by checking KC1 level, examining for cracks and clogging at the junction, and by keeping surface clean of oils' substances and precipitates. Balance 1. Check calibration against•a 20 g brass reference weight and adjust the zero and level mechanisms as necessary. 2. Check for proper balance and cleanliness of weighing pan. 1. Check calibration against a set of Class S weights. 1. Service contract requires that manufacturer's representative clean and calibrate. ru: TABLE V PRE Z y,?E MAINTENANCE C Atomic Absorption Snectropzotometers 1. Check for sensitivity problems with a 5 ppm copper standard. 2. Check nebulizer flow. 3. Clean the nebulizer and chamber after aspirating organics. 4, Clean aspirator tubing if necessary. 5. Clean burner heads. 6. Fill trap with water or appropriate solvent if necessary. 7. Clean windows of hollow cathodes and the lenses before the monochrometer if necessary. 8. Clean oxidant filter if necessary. - 9. Check compressed gas cylinder contents and pressure. 6-MonAl Annual, Gas Chromatorat+hs 1. Check content and pressure of carrier gas cylinders. 2. Change inlet septums. 1. Clean EC and FPD detectors. 2. Leak test ionization source. 1. Replace carrier gas drier tubes. — 4 3 — uU(kn, CC MS - DATA SYSTEM - A� S - TABLE VI CRITICAL SPARE PARTS jets chart paper gases. tubing syringes columns source filaments electron multiplier printer paper floppy disks copies of master software cleaning kits lamps graphite cuvettes burner head printing tape gases columxs pens septums fittings gases pump oils cleaning solvents fittings backup nebulizer tubing sensors jet rips chart paper TABLE VII • QA/QC SITE SIGNATURE APPROVAL following field personnel have read and understand the QA/QC document developed for this _te, ASSICNED PERSONNEL DATE QA/QC Field Officer State Onsite Coordinator Project Manager State Field Quality Assurance Officer -- 45 — U11002-6 SECTION VI RECLAMATION IRRIGATION PLAN AiN0 eioJ 38V S3N1-11V831V1 310N NOTE: TREES ARE USED FOR REPRESENTATION ONLY m • -ro 2 g 2 4 A ON ItiVel 14281113V3fINVVI CIN39]1lVd3Nn • m I'm I 0 (.A 0 0 PROJECT: SILT GRAVEL PIT SHELF DESCRIPTION: IRRIGATION DESIGN / DETAILS NOTE: onme./G is riyaretip FO. sliCC......r.orpOn Om, ION IA( 1.0 it W.Va. Ot 1:141/0.C.1, ANC r5 NOT TO Ot MeTTRUED 11140195.1.1mal P.D.CO000 DESIGN mbVribrIL.110.4.0.0 Oa "FUSS... MOO TO MOVNI.L.11C.e. GRAND JUNCTION PIPE/CARBONDALE 740 HIGHWAY 133 CARBONDALE. COLORADO. 1-970-963-5700 Wash Plant Overflow Centerline Dewatering Ditch Dewatering Pump • Existing Ditch Centerline Sedimentation Pond ti. Cess RC�d _' t8" ADS—N.12 CUL VER T S=0.013 ft/ft, 80 LF Improved Ditch Cen t erl in e Ns Fence End Existing Ditch Start Improved Ditch. See Cross Section Detail Ou t fall from Sedimentation Pond Start 18" Culvert With Flared End Sec tion ADS—N12 CULVERT 4� S=0.13 ft/Ft, 40 LF Riprap Outlet (D50 = 9") • Silt Pump Canal Intake Edge of Colorado River Discharge Paint GRAPHIC SCALE IN FEET e mot •SO" Rr! Improved Ditch Cross Section Detail. Riprap (D5Q = 9") Discharge Detail with Riprap •, J DISCHARGE DET •1 g I= MI IMEN NMI MEM I= 0 0 r 0 0= P z 0 0 INIIOZ VS314 6 oi3I4 vD 00rlioira's - 71 0 0 r z tn c 0 CCLORA00 RIVER ANO 'RIBOTARIES N 611,000 11 414,000 P1 2 DU p,Pm !t"tl t 4 00 .e.-rcro a e) c U,' 07t'0 C11 t* • �. 4 c .K ;: a a z C Lr ay a• cwc , e,, •en u o ry et ii 1, rQ Cn a 01r { n i 0 •A 4 01 t« a ? LL41 r . vII t I s y .s r If a y ▪ r u V z r▪ `-- 0 0 al tiJ.:n5 SsodD !mac Om.) lthati':: 'cr]isa3 1 3 N 0 • m S• N i t r Pn N 00130*' 1 3 AiN0 eioJ 38V S3N1-11V831V1 310N NOTE: TREES ARE USED FOR REPRESENTATION ONLY m • -ro 2 g 2 4 A ON ItiVel 14281113V3fINVVI CIN39]1lVd3Nn • m I'm I 0 (.A 0 0 PROJECT: SILT GRAVEL PIT SHELF DESCRIPTION: IRRIGATION DESIGN / DETAILS NOTE: onme./G is riyaretip FO. sliCC......r.orpOn Om, ION IA( 1.0 it W.Va. Ot 1:141/0.C.1, ANC r5 NOT TO Ot MeTTRUED 11140195.1.1mal P.D.CO000 DESIGN mbVribrIL.110.4.0.0 Oa "FUSS... MOO TO MOVNI.L.11C.e. GRAND JUNCTION PIPE/CARBONDALE 740 HIGHWAY 133 CARBONDALE. COLORADO. 1-970-963-5700 Wash Plant Overflow Centerline Dewatering Ditch Dewatering Pump • Existing Ditch Centerline Sedimentation Pond ti. Cess RC�d _' t8" ADS—N.12 CUL VER T S=0.013 ft/ft, 80 LF Improved Ditch Cen t erl in e Ns Fence End Existing Ditch Start Improved Ditch. See Cross Section Detail Ou t fall from Sedimentation Pond Start 18" Culvert With Flared End Sec tion ADS—N12 CULVERT 4� S=0.13 ft/Ft, 40 LF Riprap Outlet (D50 = 9") • Silt Pump Canal Intake Edge of Colorado River Discharge Paint GRAPHIC SCALE IN FEET e mot •SO" Rr! Improved Ditch Cross Section Detail. Riprap (D5Q = 9") Discharge Detail with Riprap •, J DISCHARGE DET •1 g I= MI IMEN NMI MEM I= 0 0 r 0 0= P z 0 0 INIIOZ VS314 6 oi3I4 vD 00rlioira's - 71 0 0 r z tn c 0 CCLORA00 RIVER ANO 'RIBOTARIES N 611,000 11 414,000 P1 2 DU p,Pm !t"tl t 4 00 .e.-rcro a e) c U,' 07t'0 C11 t* • �. 4 c .K ;: a a z C Lr ay a• cwc , e,, •en u o ry et ii 1, rQ Cn a 01r { n i 0 •A 4 01 t« a ? LL41 r . vII t I s y .s r If a y ▪ r u V z r▪ `-- 0 0 al tiJ.:n5 SsodD !mac Om.) lthati':: 'cr]isa3 1 3 N 0 • m S• N i t r Pn N 00130*' 1 3 • • RECEIVED MAR 1 9 2121 THIRD SUPPLEMENT APPLICATION FOR SPECIAL USE PERMIT PE PERSON GRAVEL PIT GARFIELD COUNTY WESTERN SLOPE AGGREGATES, INC. Post Office Box 910 Carbondale, Colorado 81623 March 16, 2001 THIRD SUPPLEMENT TABLE OF CONTENTS Section I Legal Page 1 Section II Engineered Noise Analysis Page 4 Section 111 Bureau of Reclamation Page 42 Section IV Visual Impact Analysis Page 51 SECTION I LEGAL 0000001 r- r m-- • m— Tr ar f _— rr ar Jr- ▪ i r r� r + r " r� r R- �^— ay MP' ter— M r— rr —: — - r — .r- �--- - r ff- Western Slope Aggregate OFFICE OF GENERAL COUNSEL Mr. Don DeFord Garfield County Attorney's Office 109 Eighth Street, Suite 300 Glenwood Springs, Colorado 81601 Dear Mr. DeFord: February 14, 2001 Mr. Brent Peterson and Western Slope Aggregate, Inc. respectfully request herein that Garfield County cease and desist from making any reference to or sanctioning any reliance upon, whether for guidance, advisory, or otherwise, any Comprehensive Plan, Master Plan and/or other conceptual plan or regulation that has not been duly adopted through legislative process by the Garfield County Board of County Commissioners, as review criteria for Special Use Permit applications. Western Slope Aggregate, Inc. has applied to Garfield County, on behalf of the property owner, for a gravel pit Special Use Permit in accordance with the Garfield County Zoning Resolution of 1978, adopted and enacted by the Garfield County Board of County Commissioners on January 2, 1979. The subject land is zoned A -I wherein said zoning allows for said use upon the approval of a Special Use Permit by the Board of County Commissioners. The criteria for the evaluation of said permit is specifically set forth in said Resolution. The Zoning Resolution does not require Comprehensive Plan compliance for Special Use Permit applications. The Comprehensive Plan has not been duly adopted as Special Use Permit review criteria in accordance with due process including proper notice and hearing. C.R.S. 24-68-102.5 mandates that an application for approval of site-specific development as well as its consideration and review, shall be governed only by the duly adopted Iaws and regulations in effect at the time of application. Hence, the General Assembly forbids the consideration of any regulation not duly adopted and therefore the County's Comprehensive Plan should not be considered in any fashion for review of Special Use Permits. 0D0n002 P.Q. Box 910 • Carbondale, Colorado 81623 • (9701 963-9424 The General Assembly in C.R.S. 30-28-106 (3)(f) makes it very clear that a Master Plan of a County or Region is advisory only. It is likewise very clear that the statutory scheme of Titles 28 and 30 restricts Master Plan use to the legislative body for the purpose of enacting and adopting zoning regulations consistent with the constitutional standards of due process. We urge the County to embrace the principles of due process and recognize that a Master Plan is advisory only to the legislative body for the limited purpose of guidance in adopting zoning regulations and that a Master Plan cannot be used by any other body nor utilized for guidance in review and consideration of applications for site-specific development plans, Special Use Permit. The general rule is that zoning should be enacted in conformance with the Comprehensive Plan. If a Master Plan is used to control the use of land instead of being used as a guide to future zoning, it is used, in effect, to rezone property and such use is impermissible. Vick v. BOCC, 689 P.2d 699 (Colo. App. 1984). In order to have a direct effect on property rights, the Master Plan must be further implemented through zoning with proper notice and hearing. Theobald v. BOCC, 644 P.2d 942 (Colo. 1982). Only the legislative body charged with zoning can individually apply broad planning policies to specific property (through zoning) and must afford affected landowners "due process" including proper notice and hearing. BOCC v. Conder, 927 P.2d 1339 (Colo. 1996). Simply stated, if a Master Plan is utilized for any purpose in reviewing an application for site specific development when said Plan has not been legislatively adopted for that purpose, the real and actual effect of such utilization is to deprive the landowner of some of the sticks in his proverbial bundle without constitutionally protected due process. Statements in the planning staff reports that the Comprehensive Plan may provide some guidance in making a decision on the application is wrong and unconstitutional. To state that a Comprehensive Plan can be used for guidance but not as a basis for decision making, elevates form over substance attempting to create a hyper- technicial distinction that does not have any practical remedial effect on the due process violation whatsoever. Wherefore, we respectfully request that the planning staff's report to the Board of County Commissioners not include any reference to a Comprehensive Plan and that the Board be advised not to consider Comprehensive Plan compliance in any fashion when exercising their quasi-judicial function in evaluating the merits of our sate -specific development proposal, Special Use Permit. Respectfully, Glenn M. Harsh Attorney at Law Cc: S. Beattie, Esq. C. Lee, Esq. 0000003 • SECTION II ENGINEERED NOISE ANALYSIS • • 000000ti engineering ed. dynamics Iincorporated PETERSON GRAVEL PIT GARFIELD COUNTY, COLORADO NOISE EMISSION ANALYSIS Prepared by, March 15, 2001 Howard N. McGregor Registered Professional Engineer State of Colorado, No. 3928 15 March 2001 Page 1 3925 south kalamath street • eriglewood, coloredo 80110 • 303.761.4367 • Fax 303.761.4379 000000: e EXECUTIVE SUMMARY The noise sources at the proposed Peterson Gravel Pit will consist of: 1. Stationary Noise Sources Crushers Screens Conveyors Electric Generator Concrete Batch Plant 2. Mobile Noise Sources Front End Loader Excavator Off Road Haul Trucks 3. Tandem Haul Trucks ■ engineering dynamics incorporated • The State of Colorado Noise Law is applicable to this project, 55 dB(A) during the daytime at residential properties. • A sound barrier consisting of overburden material and stock piles will be located along the southern and northern property line of the pit to reduce noise in those directions. • The 55 dB(A) noise contour is located 450 ftfrom the southern property line of the Peterson Gravel Pit. • The 55 dB(A) noise contour is located750 ft, from the east and west property line of the Peterson Gravel Pit. • To the north the noise from 1-70 will be greater than the noise from the pit. Back-up beepers are required by federal law on all moving equipment when the operator's visual coverage is restricted. As described in Section V of this report the back-up beepers at the Peterson Gravel Pit will be adjusted for conformity with federal regulations and at the same time have less than normal noise emissions into the surrounding area. • The Applicant will have noise measurements taken by an Acoustical Engineer to verify and assure compliance with the noise emission limits. If there is an exceedance of 55 dB(A) noise level at predetermined locations, the Applicant will take corrective action. • A 30 ft. stockpile will be located south of the jaw crusher and it will reduce the noise from the crusher towards the south. 15 March 2001 Page 2 3925 south kalamath street • englewood, Colorado 80110 • 303.761.4367 • Fax 303.761.4379 000000c ■ engineering edynamics incorporated I. INTRODUCTION The Applicant, Western Slope Aggregates is requesting approval for an aggregate facility called the Peterson Gravel Pit, which would be located east of Silt, Colorado and between Highway I-70 and the Colorado River. Detailed site maps are included in other portions of the Applicant's documents- The facility will process river bed rock to a depth of about 20 to 25 ft below the existing grade. The rock and fines will be crushed and screened and stockpiled according to size or type of product. A concrete batch plant will be located on the proposed site. Located to the south of the Colorado River are residences and concern has been expressed by the residents about the noise emissions from the facility. This report addresses the noise emissions from the facility and methods of noise control. The State of Colorado Noise Law will be used as a criteria because the residences are located in unincorporated Garfield County. The State of Colorado Noise Law has been interpreted to mean that the noise limit shall be based upon the zoning of the property upon which the noise source is located. This interpretation would allow the noise emissions from the Peterson Gravel Pit to be 80 dB(A) at a distance of 25 ft. outside of the property line. This interpretation has not been accepted by any municipalities or counties in the State of Colorado and is considered to be a serious ambiguity in the state Noise Law. When noise impact assessments are prepared by Engineering Dynamics, Inc, for review by state and local governments, the State of Colorado Noise Law is interpreted to be applicable to the receptor not the sender of the noise. For this reason the more stringent 55 dB(A) residential noise limit is used in this analysis, The operational scenario at the proposed Peterson Gravel Pit will be much different from that of the existing Western Aggregate Services pit near Carbondale. The Peterson Gravel Pit will utilize equipment having lower noise levels and noise control devices such as high performance mufflers. 15 March 2001 Page 3 3925 south katamath street • englewood, colorado 80110 • 303.761.4367 • Fax 303.761.4379 ■ engineering eddynamics incorporated II. APPLICABLE LAWS AND ORDINANCE A. State of Colorado The State of Colorado noise law, CRS 25-12-101 - 108, has been duplicated in its entirety and is included in Appendix A. The applicable portions of the law relative to the Peterson Gravel Pit project are replicated below: 25-12-102, Definitions: "(1) "Commercial zone" means: (a) An area where offices, clinics. and the facilities needed to serve them are located; (b) An area with local shopping and service establishments located within walking distances of the residents served; (c) A tourist -oriented area where hotels, motels, and gasoline stations are located; (d) A large integrated regional shopping center; (e) A business strip along a main street containing offices, retail businesses, and commercial enterprises; (f) A central business district; or (g) A commercially dominated area with multiple -unit dwellings " "(4) "Industrial zone" means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity but shall not include agricultural' operations." "(5) "Light industrial and commercial zone" means: (a) An area containing clean and quiet research laboratories; (b) An area containing light industrial activities which are clean and quiet; (c) An area containing warehousing; or (d) An area in which other activities are conducted where the general environment is free from concentrated industrial activity." "(6) "Residential zone" means an area of single-family or multi -family dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple -unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. "Residential zone" includes hospitals, nursing homes, and similar institutional facilities." 25-12-103, Maximum permissible noise levels: "(1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the dB(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: 7:00 a.m. to 7:00 p.m. to Zone next 7:00 p.rn. next 7:00 a.m. Residential 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 70 dB(A) 65 dB(A) Industrial 80 dB(A) 75 dB(A) " 15 March 2001 Page 4 3925 south kalamath street • englewood, coforado 80110 • 303.761.4367 • Fax 303.761.4379 000000; ■ engineering ediincorporated "(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten dB(A) for a period of not to exceed fifteen minutes in any one-hour period." "(3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five dB(A) less than those listed in subsection (1) of this section."' ""(5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project." B. U.S. Environmental Protection Agency: U.S. EPA Standards (40 CFR 205.50 through 205.55 and 40 CFR 202.20) apply to trucks manufactured after 1988. These standards specify sound levels for moving trucks measured at 50 feet from the centerline of the traffic lane as shown in Table 11-1. Table 11-1: EPA Noise Standards for Trucks Medium and Heavy Trucks Over 10,000 Ibs CGVW 1979-1988 1988 On Motor Carriers Engaged in Interstate Commerce Before 1986 1986 or Later C. Garfield County At Speeds Less At Speeds Greater Than 35 MPH Than 35 MPH 83 dB(A) 80 dB(A) 86 dB(A) 83 dB(A) 90 dB(A) 87 dB(A) Garfield County has no county law or regulation relating to noise emission, and relies upon the State of Colorado noise law in its entirety. This was verified by contacting the Garfield County Planning Department. D. Occupational Safety and Health Administration: On December 29, 1970, President R. M. Nixon signed into law the Occupational Safety and Health Act (Public Law No. 91-596) and the Act took effect on April 28, 1971 In concert with this Act is that portion of the Walsh - Healy Regulations found in Title 41 - Public Contracts and Property Management, Code of Federal Regulations, Chapter 50-204.10. Also, requirements for occupational noise exposure are detailed in Title 29, Code of Federal Regulations, Part 1910. None of these Federal regulations are applicable to community noise or the exposure of individuals to noise. provided that the noise levels are less than 85 dB(A) for continuous exposure. Hearing protection of workers at the Peterson Gravel Pit is a matter not related to this study and will not be addressed herein. 15 March 2001 Page 5 3925 south kalarnath street • englewood, colorado 80110 • 303.761.4367 • Fax 303.761.4379 00000F, e III. THE EXISTING NOISE ENVIRONMENT A. Noise Measurement Location Noise measurements were taken at two locations in the residential area. They were. ■ engineering Idynamics incorporated 1. Site 1 About 200 ft, southeast of the intersection of Divide Creek Road (CR311) and Colorado River Road (335). The instrument was positioned on the northern face of the small ndge at this location. 2, Site 2 About 50 ft. south of the southern embankment of the Colorado River basin. For reference, the instrument was placed at the location of the large sign positioned about 20 ft. high by a fork lift. B. Measurement Equipment The noise measurements were taken with two Quest Model M-39 noise recorders. The instruments have been calibrated at Engineering Dynamics, Inc. and the calibrations have traceability to NIST. Serial numbers of the two recorders are 10029 and 30010. C. Measurement Duration and Weather Conditions 1. Site1 Started 12:00pm Ended - 8:55am Run Time---- 20:55 hours 2. Started ----------- - 12:35pm Ended 9:00am Run Time 20:45 hours When the measurements were started on Monday morning, February 26, 2001, the sky was overcast, the temperature was 35° F, the wind was from the northwest at 2 mph. During the evening snow fell and at the end time the sky was overcast, the temperature was 30° F, and the wind was calm. The snowfall mounted to about 2 to 3 inches. D. Measurement Results Measurement results are the existing noise levels at Sites 1 and 2 that occurred during the normal working hours of the pit which will be from 7:00am in the morning to 5:00 pm in the afternoon, Monday thru Friday. 1. Site 1 Site 2 Energy Equivalent Average Monday from 12:00pm to 5:00pm 55 dB(A) Tuesday from 7:00am to 8:55 am 52 dB(A) Monday from 12:35pm to 5:00pm------------- 51 dB(A) Tuesday from 7:00am to 9:20am-------------------•52 dB(A) 15 March 2001 Page 6 3925 south kalamath street • englewood, coloredo 80110 • 303.761.4367 • Fax 303161.4379 0000010 ed. engineering 1 dynamics incorporated A review of the 1 minute samples of the noise at Site 1 shows that the average noise level was affected by the noise from vehicles en Divide Creek Road and Colorado River Road. When there was no traffic noise from these roads the average noise level was about 45 dB(A) with moments of quiet of 40 dB(A). At Site 2 the noise environment is different because Site 2 is affected by traffic noise from 1-70 and the average was about 50 dB(A) with moments of quiet of 43 dB(A) During the evening under conditions of very calm winds and a traffic break an 1-70, Divide Creek Road and Colorado River Road noise levels as low as 30 dB(A) may occur but the pit will not be in operation during the evening and nighttime hours so there will be no noise impact during those times. A complete printout showing the sound level for each one minute interval is included in Appendix B. E. Analysis of Results The noise levels in the areas adjacent to the proposed Peterson Gravel Pit are typical for the area. The area along the 1-70 corridor is not what could be called a pristine acoustical environment such as would occur in some national parks, wilderness or mountain residential areas. The 55 dO(A) contour for 1-70 has been computed by Engineering Dynamics. Inc. using the same analysis program that is used by the Colorado Department of Transportation (CDOT). The 55 dB(A) contour extends 300 ft. from each side of the east and west traffic lanes. The contour represents the average noise level on an hourly basis during the daytime and with a speed limit of 75 mph. Eighteen wheeler trucks involved in interstate transport are allowed by EPA national standards to produce noise levels of up to 90 dB(A) at 50 ft. Such a truck would produce, as it passes by, a noise level of 55 dB(A) at about 1000 ft. from the traffic lane. The 55 dB(A) contour of 1-70 is also shown on the same map showing the 55 dB(A) contour of the Peterson Gravel Pit. What this means is that the noise from the Peterson Gravel Pit will decrease with distance and gradually disappear into the ambient noise. This can be seen where the 55 dB(A) contour of the pit merges into the 55 dB(A) contour of 1-70. For example, when the ambient noise level is 10 dB(A) greater than the noise from the pit there will be no increase in the noise level. When the ambient noise level and the noise from the pit are equal then the measured noise level will be 3 dB greater provided that both noises occur at the same time. One must be careful when adding up decibels especially because the ambient is not necessarily a constant noise level but rather a noise which varies with time. This is because noise when measured by decibels is a logarithmic function not an arithmetic function. For example. 40 dB(A) + 40 dB(A) = 43 dB(A) 50 dB(A) + 50 dB(A) = 53 dB(A) 55 dB(A) + 55 dB(A) = 58 dB(A) 50 dB(A) + 40 dB(A) = 50.1 dB(A) 40 dB(A) + 40 dB(A) 40 d6(A) 50 dB(A) + 50 dB(A) = 50 dB(A) 55 dB(A) + 55 dB(A) = 55 dB(A) 50 dB(A) + 40 dB(A) = 50 dB(A) and 40 dB(A) Noises occurring Simultaneously Noises not occurring at the same time 15 March 2001 Page 7 3925 south kalamath street • englewood, colorado 80110. 303.761.4367 • Fax 303.761.4379 0000011 engineering di,.. e IV. NOISE EMISSIONS ASSOCIATED WITH THE PETERSON GRAVEL PIT A. Equipment Operating at the Pit The following equipment will be in operation at the Peterson Gravel Pit. Model Description Noise Level at 100 ft. dB(A) Cedarapids 2248 Jaw Crusher 75 Cedarapids 12 Tons Surge Bin 70 Cedarapids 36°' X 60" Conveyor Belt 72 Cedarapids 6' X 20" Screen 76 Custom Built 30" X 50' Conveyor Belt 72 Cedarapids 54" Cone Crusher 76 Cedarapids 36" X 60' Conveyor Belt 70 Cedarpaids 36" X 60' Conveyor Belt 70 Cedarapids 36" X 60' Conveyor Belt 70 Cedarpaids 36" X 60' Conveyor Belt 70 Cedarpaids 36" X 60' Conveyor Belt 70 Marco 30" X 100' Stacker Belt 70 Cat 3412 Generator Set with Special Muffler 70 Cat 300 Excavator 75 Cat 980 Yard Front End Loader 78 Various Off Road Haul Trucks 74 Various Pickup Truck 65 Various Backup Beepers 62 Various Concrete Batch Plant 68 The arrangement of the fixed equipment will be almost identical to the arrangement at the existing Carbondale Pit located east of Highway 82. Measurements were taken at the Carbondale pit on Monday, February 26, 2001. At the time of the of the measurements, material was being loaded in the jaw crusher hopper with a CAT 988D front end loader. The vibratory screen, cone crusher, generator set and conveyor were also in operation. The measurements were taken at a distance of 100 ft. east and west of the cone crusher. Measurements results are as follows. Octave Band Sound Level — dB(A) Freq-Hz 100 ft east 100 ft west 31 39 35 63 59 55 125 68 66 250 72 68 500 73 71 1000 77 75 2000 75 74 4000 69 69 8000 58 57 A 82 80 15 March 2001 Page 8 3925 south kalarnath street • englewood, colorado 80110 • 303.761.4367 • Fax 303.761.4379 i1OOi0012 ■ engineering ecdynamics incorporated B. Pit Development During pit development the overburden will be scraped and stockpiled along the southern and northern boundaries of the pit site, This work will be performed with a dozer and front end loader. Under maximum noise emission conditions, that is, when both machines are operating at full engine load and wide open throttle, the combination will produce 81 dB(A) at 100 ft. Most of the time the noise emission from the two machines when operating simultaneously will be about 75 dB(A) at 100 ft. which corresponds to 55 dB(A) at 1000 ft, During the very initial phase of pit development, there will be no noise barriers along the southern boundary of the pit. There wi!l be a reduction in the noise from the front end loader and the dozer as the barriers are being built up. The berm made of overburden will be completed within 30 days of start and will provide a 3 dB reduction and pull in the 55 dB(A) noise contour to 700 ft towards the north and south. Pit development will be during the daytime hours of from 7:OOam to 5:OOpm. C. Pit Production When the pit is in production the noise sources can be separated into three groups, which are: Stationary noise sources consist of a Generator Set, Crushers, Screens, Conveyors and the Concrete Batch Plant. These noise sources when all combined will produce a steady continuous sound level of 77 dB(A) at a distance of 100 ft. The sound barrier along the southern property line of the pit, which will be 10 ft. in height will provide a minimum of 10 dB of noise reduction This berm will pull in the 55 dB(A) to within 450 ft. of the southern boundary of the pit. To the east and west, the 55 dB(A) contour will occur at 750 ft. where there is a direct line of sight to the stationary equipment. A significant reduction in the noise level of the stationary equipment will be achieved by the following: a, Install a new high performance muffler on the Cat 3412 generator set. (10 dB reduction) b. A 30 ft. high stockpile will be located south of and next to the jaw crusher. Moving noise sources consist of the off road haul truck and excavator. The excavator will take the material from the pit and load it into the off road haul truck, which will deposit the material next to the jaw crusher. The front-end loader will then scoop up the material and dump it into the jaw crusher hopper. Movement of this equipment will be in a circular pattern, which will minimize the activation of back-up beepers. 3. Haul trucks entering and leaving the pit area via the 1-70 frontage road. While on the pit property, haul truck noise emissions are treated as a stationary noise source and are subject to the State of Colorado Noise Law requirements. Once the haul trucks are off the site and on the frontage road or any other state or federal road then the noise emissions must be in compliance with the heavy truck limits in accordance with the requirements of the U.S. I=PA and the State of Colorado. 15 March 2001 Page 9 3925 south kalamath street • englewood, colorado 80110 • 303.76t4367 • Fax 303.761.4379 000001 t engineering ethincodr=1 V. BACK-UP BEEPERS Front-end loaders and other mobile equipment such as dozers will be used through the life of the pit. The main function of the front-end loaders will be hauling of material from the drain pile to the jaw crusher They will also be used for maintenance operations in the pit area but only for a fraction of the time. Front end loaders and other mobile equipment must have warning devices per Federal Law to cover the area where the operator's vision is blocked or reduced. Generally, the warning devices called back-up beepers, are installed on the rear of the vehicle because the operator's visibility is restricted to the rear when backing up. The beeper is activated when the vehicle is moving backward. When the equipment is stopped or moving forward the back-up beeper is turned off automatically. Nationally recognized standards have been published which establish performance and ratings for back-up beepers. They are: SAE J994, Rev. Aug 93 Surface Vehicles Standard ® Alarm -Back-up Electric Laboratory Performance Testing 2. SAE J1446, Rev. May 89 On Machine Alarm Test and Evaluation Procedures for Construction and General Purpose Industrial Machinery There are 6 sound level ratings for back-up beepers specified in SAE J994: Sound Level Rating dB(A) @ 100 ft. Type A 87 Type B 82 Type C 72 Type D 62 Type E 52 Type F Undefined SAE J1446 states in paragraph 5.4.1. 5.4.1. Backup Alarm — Exterior Test: The A -weighted sound level measured at any given test locations (see Fig. 1, locations 1-7) for the alarm test should be equal to or greater than the A - weighted sound level measured at the corresponding positions for the base machine at high idle no load. This means that the sound level of the beeper at the ear level of a worker behind the vehicle should be equal to or greater than the noise from vehicle at that point. As the noise from the vehicle decreases so can the sound from the back-up beeper. For example, tests conducted by Engineering Dynamics, Inc. on a CAT 992C and a CAT 777E showed noise levels of 90 and 78 dB(A) respectively, behind the units in the area where the back-up beeper must be audible. For the CAT 992C, the back-up beeper had to produce 90 dB(A) while the back-up beeper for the CAT 777B had to produce only 78 dB, a 12 dB reduction or about half the loudness. The front end loader that will be used at the pit will be CAT 980 which at high idle produces the following sound level at 7 meters (23 feet): 15 March 2001 Page 10 3925 south kalamath street • englewood, coloredo 80110 • 303.761.4367 • Fax 303.761.4379 0000014 engineering dyna ics e incorporated Front 82 Left Side 89 Right Side 89 Rear 92 These data show that a back-up beeper with a Type D sound rating of 97 dB(A) will be adequate at the Peterson Gravel Pit. A Type D back-up beeper produces 62 dB(A) at 100 ft. A back-up beeper because of its small size is not a highly directional device, sending as much sound upwards and outwards into the surrounding community as it does downwards and onto workers in the area behind the vehicle. Almost all back-up beepers are improperly installed, usually mounted to some lower spot on the frame of the vehicle pointing straight out in the horizontal direction. When installed this way, half of the sound energy is directed upwards and out into the surrounding area rather than slightly downward to cover at ear height the area behind the equipment. For this project, back-up beepers will be installed higher up on the equipment and aimed downwards so that the proper coverage and sound level is achieved. This will reduce the sound of back-up beepers in the area surrounding the pit. 15 March 2001 Page 11 3925 south halamath street • englewood, coloredo 80110 •303.761,4367 • Fax 303.761.4379 0000015 dr engineering e amiincodrYpnorated VI. SUMMARY Noise emissions from the proposed Peterson Gravel Pit will be controlled with use of proven engineering methods. Berms will be located along the north and south boundaries of the pit, which will control the noise in those directions. The diesel driven electric generator unit will be fitted with a special high performance muffler system. A stockpile will be located south of the jaw crusher, which will provide additional screening of the crusher noise towards the south. The back-up beepers will be adjusted for minimum noise emissions into the adjacent areas. A smaller front-end loader will be used at this site as cornpared to the unit currently in operation at the Carbondale pit. Noise control devices on all stationary and mobile equipment operating in the Peterson Gravel Pit will be maintained in accordance with manufacturer's specifications. Noise measurements will be taken as soon as the pit is in operation and results reported to Garfield County. Noise emissions, if any, in excess of 55 dB(A) at the measurement sites will be corrected in a timely manner. Measurement site locations will be mutually agreed upon by the Applicant and Garfield County. It is my opinion as an Acoustical Engineer that the noise emission from the proposed Peterson Gravel Pit can be controlled as described in this report to be well within the limits as set forth in the State of Colorado Notse Law. It is also my opinion based upon practical experience with surface mining equipment that all of the noise control methods described in this report can be readily implemented. 15 March 2001 Page 12 3925 south kalamath street • englewood, coloredo 80110 • 303.761.4367 • Fax 303.761.4379 000001 [; 7 63 G1.99870'10010305 OCC Meeting Preperauan1NOISE-IMPACT-MAP2 awg 8 5%11 NOISE IMPACT. 0311 NOISE IMPACT EXHIBIT DATE. 3/15/01 SHEET 1 OF 1 CHCD BY DRAWING rte. HNM 99870\BOCC\Noise Western Slope Aggregates, Inc. POST (::,Ci Dar Ma CAROOMOME. 00LORAG0 .1523 ONO 803-2201 fee 0 -- GRAPHIC SCALE IN FEET 1 wd .. 600 MET engineering d e i� dynamics Iincnrporcrted PETERSON GRAVEL PIT GARFIELD COUNTY, COLORADO NOISE EMISSION ANALYSIS March 13, 2001 APPENDIX A STATE OF COLORADO noise law CRS -25-12 (1989) 13 March 2401 3925 south kalamath street ■ englewood, colorado 80110 • 303.761.4367 • Fax 303.761.4379 0000018 25-12-101. 25-12-102. 25-12-103. 2.5-12-104. COLORADO REVISED STATUTES Volume 11A 1989 Replacement Volume Government IIA Edited, Collated, Revised, Annotated, and Indexed Under the Supervision and Direction of the COMMITTEE ON LEGAL SERVICES by CHARLES W. PIKE OF THE COLORADO BAR, REVISOR OF STATUTES, AND THE OFFICE OF LEGISLATIVE LEGAL SERVICES Published with Annotations through 764 P.2d 77, 699 F. Supp. 1583, 864 F.2d 1584, 109 5. Ct. 1774, 93 Bank=. 1024, GO U. Colo. L. Rev. 233, and 66 Den. U. L. Rev. 134 and from 17 Colo. Law. 603 through 18 Colo. Law. 824. Reenacted by the General Assembly of the State of Colorado as the Statutory Law of Colorado of a General and Permanent Nature ARTICLE 12 NOISE ABATEMENT Legislative declaration. 25-12-105. Violation of injunction - Definitions. penalty. Maximum permissible noise 25-12-106. Noise restrictions - sale levels. of Action to abate. new vehicles. 25-12-107. Powers of local authorities. 25-12-108. Preemption. 25-12-101. Legislative declaration. The general assembly finds and declares that noise is a major source of environmental pollution which represents a threat to the serenity and quality of life in the State of Colorado. Excess noise often has an adverse physiological and psychological effect on human beings, thus contributing to an economic loss to the community. Accordingly, it is the policy of the general assembly to establish statewide standards for noise level limits for various time periods and areas. Noise in excess of the limits provided in this article constitutes a public nuisance Source: L. 71, p. 647, 3 1; C.R.S. 1963, 3 66-35-1. Applied in City of Lsktwood v. D Roas. 631 P.2d 1140 (Colo, hpp. 1481). 000001s 25-12-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Commercial zone" means: (a) An area where offices, clinics, serve them are located; (b) An area with local shopping and within walking distances of the (c) A tourist -oriented area where stations are located; A large integrated regional shopping center; A business strip along a main street containing offices, retail businesses, and commercial enterprises; A central business district; or A commercially dominated area with multiple -unit dwellings. (d) (e) (f) (g) and the facilities needed to service establishments located residents served; hotels, motels, and gasoline (2) "dB(A)" means sound levels in decibels measured on the "A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, Publication 51.4-1971. (3) "Decibel° is a unit used to express the magnitude of a change in sound level. The difference in decibels between two sound pressure levels is twenty times the common logarithm of their ratio. In sound pressure measurements sound levels are defined as twenty times the common logarithm of the ratio of that sound pressure level to a reference level of 2 x 10-5 N/m2 (Newton's/meter squared)- As an example of the effect of the formula, a three -decibel change is a one hundred percent increase or decrease in the sound level, and a ten -decibel change is a one thousand percent increase or decrease in the sound level. (4) "Industrial zone" means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity but shall not include agricultural operations. (5) "Light industrial and commercial zone" means: (a) (b) (c) (d) An area containing clean and quiet research laboratories; An area containing light industrial activities which are clean and quiet; An area containing warehousing; or An area in which other activities are conducted where the general environment is free from concentrated industrial activity. (6) "Residential zone" means an area of single-family or multi -family dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple -unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail ENGINEERING DYNAMICS. INC. Page 7 0000020 shopping facilities. "Residential zone" includes hospitals, nursing homes, and similar institutional facilities. Source: L. 71, p. 647, 3 1; C.R.S. 1963, 3 66-35-2; L. 73, p. 1406, 3 47; L. 86, p. 501, 3 121. 25-12-103. Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the dB(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: Zone 7:00 a.In. to 7:00 p.m. to next 7:00 p.m. next 7:00 a.m. Residential 55 dB(A) 50 dB(A) Commercial 60 dB(A) 55 dB(A) Light Industrial 70 dB(A) 65 dB(A) Industrial 80 dB(A) 75 dB(A) (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may he increased by ten dB(A) for a period of not to exceed fifteen minutes in any one-hour period. (3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five dB(A) less than those listed in subsection (1) of this section. (4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control. (5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project. (6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall he subject to the maximum permissible noise levels specified for such zone. (7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. ENGINEERING DYNAMICS, INC. page 000002i (8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour. (9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine -made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. Source: L. 71, p. 648, 3 1; C.R.S. 1963, 3 66-35-3; L. 82, p. 424, 3 1; L. 87, p. 1154, 3 1. Am. Jur.2d. See 62A Am. Jur.2d, Pollution Trier of fact to determine mode to u6a in Control, 3 267. measuring noise. Davis v. Izaak Walton Residential development of property is not League of America. 717 P.2d 984 (Colo. App. precluded when noise emanating onto property 1985),. exceeds limits set forth in this section, Applied in City of Lakewood v. DeRoos, 631 Sinarsen v. City of Wheat Ridge, 43 Colo. P.2d 1140 (Colo. App. 1981). App. 232, 604 P.2d 691 (1979). 25-3.2.104. Action to abate. Whenever there is reason to believe that a nuisance exists, as defined in section 25-12-103, any resident of the state may maintain an action in equity in the district court of the judicial district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building or place in or upon which such nuisance exists from directly or indirectly maintaining or permitting such nuisance_ When proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules of civil procedure. The court may stay the effect of any order issued under this section for such time as is reasonably necessary for the defendant to come into compliance with the provisions of this article. Source: L. 71, p. 649, 3 1; C.R.S. 1963, 3 66-35-4. Cross references: For injunctions, see C.R.C.P. 65. Am. Jur.2d. See 61A Am. Jur.2d. Pollution Construction and operation of a public Control, 3 3 268, 271, 272. highway are not activities which can be C.J.S. See 66 C.J.S., Nuisances, 3 102-104, ENGINEERING DYNAMICS, INC.. Page 4 0000022 abated as a public nuisance. City of Lake- wood v. DeRoos, 631 P.2d 1140 (Colo. App. 1991). 25-12-105. Violation of injunction - Applied in Einarsen v. City of Wheat Ridge, 43 Colo. App. 232, 604 P.2d 691 (1979). penalty. Any violation or disobedience of any injunction or order expressly provided for by section 25-12-104 shall be punished as a contempt of court by a fine of not less than one hundred dollars nor more than two thousand dollars. Each day in which an individual is in violation of the injunction established by the court shall constitute a separate offense. The court shall give consideration in any such case to the practical difficulties involved with respect to effecting compliance with the requirements of any order issued by the court. Source: L. 71, p. 650, 3 1; C.R.S. 1963, 3 66-35-5. Am. Jur.2d. See 61A Am. Jur.2d. Pollution C.J.S. See 66 C.J.S., Nuisances, 3 135. Control, 3 3 271, 272, 534, 545. 25-12-1O6. Noise restrictions - sale of new vehicles. (1) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle or any self-propelled vehicle designed for off-highway use and for which registration as a motor vehicle is not required which produces a maximum noise exceeding the following noise limit, at a distance of fifty feet from the center of the lane of travel or fifty feet or more from a vehicle designed for off-highway use, under test procedures established by the Department of Revenue: Any motorcycle, including a motor -driven cycle, manufactured on or after July 1, 1971, and before January 1, 1973 88 dB(A); Any motorcycle, including a motor -driven cycle, manufactured on or after January 1, 1973 86 dB(A); Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after July 1, 1971, and before January 1, 1973 88 dB(A); Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after January 1, 197386 dB(A); Any other motor vehicle manufactured on or after January 1, 1968, and before January 1, 1973 86 dB(A); Any other motor vehicle manufactured after January 1, 1973 84 dB(A); Any self-propelled vehicle designed for off-highway use and for which registration as a motor vehicle is not required as follows: (1) Manufactured on or after January 1, 1971, and before Janu- ary 1, 1973 86 dB(A); (II) Manufactured on or after January 1, 1973... ...84 dB(A). (2) Test procedures for compliance with this section shall be established by the Department, taking into consideration the test procedures of the Society of Automotive Engineers. ENGINEERING DYNAMICS, INC.Pa9e S 000002 (3) Any person selling or offering for sale a motor vehicle or other vehicle in violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than three hundred dollars. Source: L. 71, p. 650, 3 1; C.R.S. 1963, 3 66-35-6. A. Jur.24. See Si* M. Jur.2d, Pollution Control, i a 269, 770 25-12-107. powers of local authorities. (1) Counties or municipalities may adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions which produce noise in excess of the sound levels in decibels, measured on the "A" scale on a standard sound level meter having characteristics established by the American National Standards Institute, Publication S1.4-1971, and measured at a distance of fifty feet from the center of the lane of travel, or fifty feet or more from a vehicle designed for off- highway use and within the speed limits specified in this section: Speed Limit of 35 mph or Less (a) Any motor vehicle with a manufacturer's gross vehicle weight rating of six thousand pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle other than a motor - driven cycle: Speed Limit of More than 35 mph but Less than 55 mph (I) Before January 1, 1973 88 dB(A) 90 ds(A) (II) On and after January 1, 1973 86 dB(A) 90 dB(A) (b) Any other motor vehicle or self-propelled recreational vehicle primarily designed for off-highway use and for which registration as a motor vehicle is not required, and any combination of vehicles towed by such motor vehicle or self-pro- pelled vehicle. 82 dB(A) 86 dB(A) (2) The governing board shall adopt resolutions establishing any test procedures deemed necessary. (3) This section applies to the total noise from a vehicle or combination of vehicles. (4) For the purpose of this section, a truck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the manufacturer's NNOINEBRI$G DYNAMICS, INC.. Page 11300024 name and manufacturer's gross vehicle weight rating shall be considered as having a manufacturer's gross vehicle weight rating of six thousand pounds or more if the unladen weight is more than five thousand pounds. Source: L. 71, p, 651, 3 1; C.R.S. 1963, 3 66-35-7; L. 73, p. 1406, 3 48. Am. Jur.2d. See 61A Am. Jur.2d. Pollution Control, 3 3 267. 269. 270. 25-12-108, Preemption. The provisions of this article shall not be construed to preempt or limit the authority of any municipality or county to adopt standards which are no less restrictive than the provisions of this article. Source: L. 71, p. 651, 3 1; C.R.S. 1963, 3 66-35-8; L. 88, p. 1116, 3 2. ENGIN RRING DYNAMICS, INC. Page 7 0000025 ■ engineering e d dynamks incorporated PETERSON GRAVEL PIT GARFIELD COUNTY, COLORADO NOISE EMISSION ANALYSIS March 13, 2001 APPENDIX B EXISTING NOISE ENVIRONMENT DATA RECORDS 13 March 2001 3925 south kalamath street • er+glewood, Colorado 80110 • 303.761.4367 • Fax 343.761.4379 WESTAG301110029 QUEST M-39 NAME PETERSON GRAVEL PIT SITE -1 WESTERN AG 3011-SN10029 AT Y IN ROAD -MONDAY TO TUESDAY FEB.26--27,2001 CAL LEVEL---1.13.2dB WEIGHTING A TIME CONSTANT -SLOW START TIME-12:OOH:M END TIME---08:55H:M RUN TIME-- 20:55:00 EVENT 1 START TIME-12:00H:M AVG RUN TIME-- 1:00:00 TwA SEL 95.4dB EXPOSURE --- L01 70d6 L10 EVENT 2 START TIME-13:OOH:M RUN TIME-- 1:00:00 SEL 85.3d8 LO1 62dB EVENT 3 START TIME-14:OOH:M RUN TIME-- 1:00:00 SEL 86.4d8 LO1 63dB EVENT 4 START TIME-15:OOH:M RUN TIME-- 1:00:00 SEL 88.2dB LO1 65d8 EVENT 5 START TIME-16:OOH:M RUN TIME 1:00:00 SEL 89.3d6 LO1---------- 66de EVENT 6 START TIME-17:OOH:M RUN TIME-- 1:00:00 SEL 89.8dB L01 64dB EVENT 7 START TIME-18:00H:M RUN TIME-- 1:00:00 SEL------- 91.0dB LO1 66d8 EVENT 8 START TIME-19:OOH:M RUN TIME-- 1:00:00 SEL L01---8764dB EVENT ------9 START TIME-20:OOH:M RUN TIME-- 1:00:00 SEL 82.7dB LO1 56de EVENT 10 START TIME-21:0OH:M RUN TIME1:00:00 SEL 84.2d6 LO1 60dB EVENT -----11 START TIME-22:OOH:M RUN TIME-- 1:00:00 SEL 81.OdB L01 55d8 AVG TWA EXPOSURE L10 AVG TWA EXPOSURE L10 59.9dB PEAK LEVEL--115.5dB MAX LEVEL--- 89.2d6 50.9d8 DOSE .12% 8hrDOSE .98% .00P2h EXPOSURE--- 1.40P2s 53dB L50 44dB L90 40d6 49.7d8 PEAK LEVEL-- 95.6dB MAX LEVEL--- 72.3de 40.7dB DOSE 01% 8hrD0SE .09% .00P2h EXPOSURE--- .13P2s 50dB L50 43d6 L90 40dB 50.9dB PEAK LEVEL-- 91.1dB MAx LEVEL--- 69.7dB 41.9dB DOSE .01% 8hrDOSE .12% .00P2h EXPOSURE--- .17P2s 52d6 L50 44de L90 42dB AVG 52.6dB TWA 43.6dB EXPOSURE--- .00P2h L10- -------- 54dB AVG TWA EXPOSURE- L10 AVG TWA. PEAK LEVEL-- 99.7dB MAX LEVEL--- 75.OdB DOSE 02% 8hrDOSE .18% EXPOSURE--- .26P25 L50---------- 45dB L90 42dB 53.7d8 PEAK LEVEL-- 99.3dB MAX LEVEL--- 76.1dB 44.7d6 DOSE .02% 8hrpoSE .23% - .00P2h EXPOSURE--- .34P2s 54d8 L50 44dB L90 41d8 EXPOSURE --- L10 54.2dB PEAK L€VEL--101.2dB MAX LEVEL--- 77.2dB 45.2dB DOSE .03% 8hrDO5E .26% .00P2h EXPOSURE--- .37P2s 56de L50---------- 48dB L90 44ds AVG- ------ 55.4dB TWA 46.5de EXPOSURE--- ..00P2h L10 57dB AVG TWA EXPOSURE L10 PEAK LEVEL --100.5d8 DOSE .04% EXPOSURE--- .50P2s LSO 50dB MAX LEVEL--- 78.0d8 BhrDOSE .35% L90 47de 52.0dB PEAK LEVEL-- 95.2dB MAX LEVEL--- 73.5dB 43.OdB DOSE .02% 8hrDOSE .16% .00P2h EXPOSURE--- .22P2s 53dB LSO 46dB L90 42d8 AVG 47.1dB TWA 38.1dB EXPOSURE--- .00P2h L10 46dB AVG 48.6dB TWA 39.6de EXPOSURE--- .00P2h L10 48dB AVG TWA EXPOSURE L10 EVENT -----12 START TIME-23:00H:M AVG RUN TIME-- 1:00:00 TWA - SEL 83.2d8 LO1 -- 59dB EXPOSURE --- L10 EVENT 13 START TIME-00:OOH:M AVG PEAK LEVEL-- 93.3d6 MAX LEVEL--- 74.6dB DOSE 00% BhrDOSE .05% EXPOSURE--- .07P2s L5O---------- 42d6 L90 41dB PEAK LEVEL -- DOSE - EXPOSURE --- L50 90.3d6 MAX LEVEL--- 71..6dB .00% 8hrDOSE------ .07% .I0P2s 44dB L90 - 39d8 45.4d8 PEAK LEVEL-- 91.IdB MAX LEVEL--- 67.1dB 36.4de DOSE .00% 8hrDOSE .03% .00P2h EXPOSURE--- .O5P2s 47dB L50--- 43d6 L90 41dB 47.6dB PEAK LEVEL-- 88.1dB MAX LEVEL--- 61.5d8 38.6dB DOSE--------- .00% 8hrDOSE .05% .00P2h EXPOSURE--- .08P25 50dB L50 43dB L90 40dB 44.3d8 PEAK LEVEL-- 81.3d6 MAX LEVEL--- 54.3dB Page 1 in .0027 RUN TIME-- 1:00:00 SEL 79.9dB LO1 51dB EVENT -----14 START TIME-01:00H:M RUN TIME-- 1:00:00 SEL 84.8dB LO1 63dB EVENT 15 START TIME-02:OOH:M RUN TIME1:00:00 SEL 76.2d6 LO1 47dB EVENT -----16 START TIME-03:00H:M RUN TIME-- 1:00:00 SEL 78.9dB LO1 56da EVENT 17 START TIME-04:00H:M RUN TIME1:00:00 SEL 84.1d8 LO1 63dB EVENT 18 START TIME-05:OOH:M RUN TIME1:00:00 SEL 82.6dB LO1 57d8 EVENT- 19 START TIME-06:OOH:M RUN TIME-- 1:00:00 SEL 91.4dB L01 67d8 EVENT -----20 START TIME-07:00H:M RUN TIME-- 1:00:00 SEL 87.5d8 LO1 63d8 EVENT 21 START TIME-08:00H:M RUN TIME1:00:00 SEL 86.4dB LO1 63de EVENT 22 START TIME-09:OOH:M RUN TIME:13:44 SEL----- --- 88.00 101 74d8 EVENT 23 START'TIME-10:00H:M RUN TIME1:00:00 sEL 108.9dB 101 79dB EVENT 24 START TIME-11:00H:M RUN TIME1:00:00 SEL 110.0d8 LO1 80de EVENT 25 START TIME-12:OOH:M RUN TIME1:00:00 SEL 108.8dB L01---------- 77dB EVENT 26 START TIME-13:00H:M RUN TIME1:00:00 SEL 101.9de 101---------- 75d6 EVENT -----27 START TIME-14:OOH:M WESTAG301110029 TWA- 35.3dB DOSE .00% 8hrDOSE .02% EXPOSURE--- .00P2h EXPOSURE--- .03P2s L10 47d8 15043dB L90 40dB AVG ----- 49.3de PEAK LEVEL-- 95.2de MAX LEVEL--- 66.Ode TWA 40.3dB DOSE .01% 8hrDOSE .08% EXPOSURE--- .00P2h EXPOSURE--- .12P2s L10 48dB L50-•___-__ 40dB L90 38d8 AVG 40.7de PEAK LEVEL-- 79.5de MAX LEVEL---- 60.7d8 TWA 31.7d8 DOSE .00% 8hrDOSE- .01% EXPOSURE--- .00P2h EXPOSURE--- .01P2s 110 42dB L50 39d6 L90 38d8 AVG 43.3dB PEAK LEVEL-- 84.3dB MAX LEVEL--- 59.201 TWA 34.3dB DOSE .00% 8hrDOSE .02% EXPOSURE--- .00P2h EXPOSURE--- .03P2s L10 43dB L50 -- 38dB L90 37dB AVG----- --- 48.6de PEAK LEVEL-- 91.5d8 MAX LEVEL--- 64.1dB TWA 39.6dB DOSE-- .00% 8hrDOSE .07% EXPOSURE--- .00P2h EXPOSURE--- .10P2s 110 45dB LSO--- 4IdB 190 38dB AVG 47.0dB PEAK LEVEL-- 90.3dB MAX LEVEL--- 72.0dB TWA 38.Od8 DOSE .00% BhrDOSE .05% EXPOSURE--- .00P2h EXPOSURE--- .07P2s 110---- 45dB L50 - 41dB L90 39dB AVG 55.9dB PEAK LEVEL-- 99.0dB MAX LEVEL- 79.1dB TWA 46.9dB DOSE --- .04% 8hrDOSE------ .38% EXPOSURE--- .00P2h EXPOSURE--- .55P2s L10 53d8 150 47dB 190 45dB AVG 52.OdB PEAK LEVEL-- 93.OdB MAX LEVEL--- 73.SdB TWA 43.0d3 DOSE .01% 8hrDOSE .15% EXPOSURE--- .00P2h EXPOSURE--- .22P2s 110 53d8 L50 47d6 L90 45de AVG 5O.8dB PEAK LEVEL-- 92.2dB MAX LEVEL--- 67.5d8 TWA 41.9dB DOSE .01% 8hrDOSE .I2% EXPOSURE--- .00P2h EXPOSURE--- .17P2s L10- 52d6 150 46d6 L90 44d6 AVG 58.9dB PEAK LEVEL--114.OdB MAX LEVEL--- 76.SdB TWA 43.5de DOSE .02% 8hrDOSE .77% EXPOSURE--- .00P2h EXPOSURE--- .25P2s L10 54de L50 45dB L90---------- 43d8 AVG 73.4dB PEAK i.EVEL--115.5dB MAX LEVEL--- 95.6de TWA 64.4dB DOSE--•------- 2.76% 8hrDOSE 22.08% EXPOSURE--- .00P2h EXPOSURE--- 31.4P2s L10 75dB 150 72dB 190 52dB AVG 74.4dB PEAK LEVEL --115.5d6 MAX LEVEL--- 89.2de TWA 65.4dB DOSE 3.48% 8hrDOSE 27.85% EXPOSURE--- .01P2h EXPOSURE--- 39.6P2s 110-----____- 77dB L50 74dB 190 71dB AVG 73.2dB PEAK LEVEL--115.5dB MAX LEVEL--- 90.3dB TWA 64.2dB DOSE-- 2.64% 8hrDOSE------21.15% EXPOSURE--- .00P2h EXPOSURE--- 30.1P2s L10 75d8 150 72dB 190 70de AVG 66.3d8 PEAK LEVEL--115.5de MAX LEVEL--- 86.6dB TWA 57.3d8 DOSE .53% 8hrDOSE 4.30% EXPOSURE-- .00P2h EXPOSURE--- 6.12P2s 110 73dB L50 38de 190 35d8 AVG 74.6d6 PEAK LEVEL --115.5d8 MAX LEVEL--- 88.1dB Page 2 x'000 n�TC7 t, f.+ RUN TIME-- 1:00:00 SEL-- 110.1dB t01 78dB EVENT 28 START TIME-15:OOH:M RUN TIME1:00:00 SEL---- ----- 107.8dB LO1 - 82d6 EVENT 29 START TIME-16:OOH:M RUN TIME:02:29 SEL 108.9de LO1 -- 103d8 1 MIN 12:00 12:05 12:10 12:15 12:20 12:25 12:30 12:35 12:40 12:45 12:50 12:55 13:00 1 MIN 13:00 13:05 13:10 13:15 13:20 13:25 13:30 13:35 13:40 13:45 13:50 13:55 14:00 1 MIN 14:00 14:05 14:10 14:15 14:20 14:25 14:30 14:35 14:40 14:45 14:50 14:55 15:00 1 MIN 15:00 15:05 15:10 15:15 15:20 15:25 15:30 15:35 15:40 15:45 15:50 15:55 16:00 1 MIN 16:00 16:05 16:10 16:15 16:20 16:25 16:30 16:35 16:40 16:45 16:50 HISTOGRAM 56 76 49 51 42 45 53 50 46 42 41 44 57 39 51 45 42 45 49 50 40 40 39 39 00 OOdA HISTOGRAM 45 48 39 47 46 39 45 48 43 43 54 48 50 41 44 42 46 45 54 49 51 48 51 45 00 00dB HISTOGRAM 46 52 44 46 42 42 47 50 45 49 47 45 42 45 55 45 43 45 45 43 46 42 44 43 00 00dB HISTOGRAM 45 57 45 49 45 42 44 57 50 45 46 51 45 53 44 42 51 44 44 53 44 41 42 49 00 OOde HISTOGRAM 53 51 41 46 52 51 57 49 57 42 53 54 48 56 42 48 46 44 42 SO 41 41 WESTAG301110029 TWA 65.6dB EXPOSURE--- .01P2h L10 77dB DOSE 3,61% EXPOSURE--- 41.0P2s L50 74dB 8hrDOSE------28.88% L90 72d6 AVG 72.3dB PEAK LEVEL--115.5dB MAX LEVEL--- 95.6d8 TWA 633dB DOSE- 2.12% 8hrDOSE -17.02% EXPOSURE--- .00P2h EXPOSURE---24.21P2S L10 76dB L50 41d8 L90 36dB 87.2dB TWA 64.4dB EXPOSURE--- .0OP2h L10---------- 67d8 58 45 46 dB 62 46 45 dB 43 51 46 dB 42 58 45 dB 46 61 43 dB 64 55 42 dB 49 42 53 dB 42 45 44 dB 52 55 48 dB 42 39 41 dB 43 46 42 dB 38 39 40 dB. 41 46 61 dB 48 41 45 dB 41 41 42 dB 46 42 43 dB 49 46 47 dB 54 45 50 dB 41 46 55 dB 40 51 42 dB 52 47 40 dB 58 48 48 dB 42 44 43 dB 42 44 47 dB 42 43 48 de 48 44 47 dB 41 44 57 de. 42 45 54 de 52 52 56 dB 55 53 53 dB 47 51 62 dB 48 48 42 dB 43 47 44 dB 55 44 55 dB 52 42 41 dB 48 43 52 dB 45 57 61 dB 50 49 59 dB 45 42 49 dB 48 55 47 dB 56 63 57 dB 49 44 47 dB 50 49 48 dB 42 42 54 dB. 42 42 53 dB 42 45 50 dB 45 51 41 dB 51 54 42 dB 61 46 60 dB 48 39 60 dB 50 41 51 dB 45 42 42 dB 43 45 43 dB 49 51 46 dB 53 42 55 dB 55 55 42 dB 44 57 42 dB 43 44 59 dB 57 63 45 de PEAK LEVEL --114.7d8 MAX LEVEL ---107.6d8 DOSE- 2.74% BhrDOSE --- - -- 528% EXPOSURE- 31.2P2s L50 49dB L90 43ds. +----+----+-- 55dB +----+--- 47dB +----+----+- 53d6 +----+----+-- 54ds +----+----+-- 58ds +----+----+- 52dB +----+--- 47dB +----+----+ 51dB +----+--- 46dB +----+- 43d6 +---- 39d6 da 55dB +----+-- 45dB +----+- 42dB +----+-- 45de +----+--- 46dB +----+----+ 51dB +----+----+ 50d6 +----+--- 46dB +----+---- 48dB +----+----+- 53dB +----+--- 47d6 +----+--- 47d8 dB 48de +----+--- 46d6 +----+----+ Sods ----+---- 49dB +----+----+- 52dB +----+----+- 52dB +----+----+--- 56dB +----+----+ 50dB +----+-- 45dB +----+----+- 52dB +----+--- 47d6 +----+--- 47de dB +----+----+--- 57d8 +----+----+- 53dB +----+-- 45dB +----+----+- 53d8 +----+----+---- 58dB +----+---- 48d6 +----+----+ 50d6 +----+---- 48dB +----+---- 49dB +----+---- 49dB +----+--- 46d8 +----+----+ SOdB dB +----+----+--- 57dB +----+----+- 53dB +----+----+ 50d8 +----+----+ 51d8 +----+----+ 51dR +----+----+ 51dB +--_-+----+- 53dB +----+----+ 51dB +----+----+ 51d8 +----+----+- 53dB +----+----+--- 57dB Page 3 69de 0000029 16:55 17:00 1 MIN 17:00 17:05 17:10 17:15 17:20 17:25 17:30 17:35 17:40 17:45 17:50 17:55 18:00 1 MIN 18:00 18:05 18:10 18:15 18:20 18:25 18:30 18:35 18:40 18:45 18:50 18:55 19:00 1 MIN 19:00 19:05 19:10 19:15 19:20 19:25 19:30 19:35 19:40 19:45 19:50 19:55 20:00 1 MIN 20:00 20:05 20:10 20:15 20:20 20:25 20:30 20:35 20:40 20:45 20:50 20:55 21:00 1 MIN 21:00 21:05 21:10 21:15 21:20 21:25 21:30 21:35 21:40 21:45 21:50 21:55 22:00 1 MIN 22:00 22:05 22:10 22:15 22:20 22:25 22:30 22:35 22:40 22:45 22:50 WESTAG301110029 41 56 49 51 48 dB 00 00dB HISTOGRAM 41 43 49 51 42 dB 53 46 61 48 49 dB 51 54 47 48 60 dB 48 48 54 50 48 dB 47 53 56 48 48 dB 48 51 46 46 49 dB 46 48 63 48 48 ds 50 48 47 54 47 d8 50 52 55 57 55 d8 49 49 50 49 51 dB 56 54 55 58 51 dB 60 61 50 51 48 dB 00 00dB HISTOGRAM 49 47 50 51 54 dB 48 51 46 48 51 dB 63 51 48 48 49 dB 48 58 49 54 51 dB 55 49 48 58 52 dB 47 51 50 51 49 dB 48 52 64 61 52 dB 52 49 49 59 49 dB 57 53 53 60 57 ds 48 64 49 56 52 dB 47 51 53 60 53 dB 52 54 48 51 53 dB 00 00dB HISTOGRAM 46 45 46 44 48 dB 51 61 58 50 49 de 59 48 49 51 51 dB 52 60 47 46 58 dB 51 57 50 47 53 dB 53 44 48 50 48 dB 49 60 45 43 42 dB 44 43 42 48 42 dB 43 45 46 43 43 dB 48 46 43 45 45 dB 42 42 42 41 49 dB 52 42 43 45 43 dB 00 00dB HISTOGRAM 45 48 43 49 44 dB 60 42 42 42 42 d8 42 45 52 42 42 d8 44 43 42 42 42 dB 40 48 42 41 42 dB 42 42 42 42 42 dB 42 43 41 42 42 dB 41 42 48 39 40 dB 40 40 41 42 42 d8 41 42 41 42 41 dB 56 41 40 41 42 dB 42 44 42 46 45 d8 00 OOdB HISTOGRAM 42 45 42 42 41 dB 40 39 43 39 39 dB 47 40 39 39 49 dB 39 39 42 45 52 dB 59 43 48 54 44 dB 45 45 53 42 45 dB 45 45 43 44 45 dB 45 44 45 43 45 de 51 51 44 41 52 dB 56 43 43 46 52 d8 57 44 45 45 46 ds 44 46 40 42 42 de 00 00dB HISTOGRAM 40 39 40 38 39 dB 43 41 48 46 41 dB 42 43 48 49 46 dB 45 48 51 45 43 dB 42 42 46 45 42 dB 42 44 43 42 42 dB 44 54 44 43 42 dB 43 43 44 42 44 d8 48 48 42 43 42 d8 45 41 42 49 47 dB 43 42 42 43 42 dB +----+----+ 51d8 dB +----+--- 47d8 +----+----+-- 55d8 +----+----+-- 55d8 +----+----+ 5OdB +----+----+- 52dB +----+---- 48dB +----+----+--- 57dB +----+----+ 50dB +----+----+-- 55dB +----+----+ 50dB +----+----+-- 55dB +----+----+--- 57dB dB +----+----+ 50ds +----+---- 49dB +----+----+--- 56dB +----+----+-- 54d8 +----+----+-- 54dB +----+----+ 50dB +----+----+---- 59dB +----+----+-- 54d8 +----+----+--- 57d6 +----+----+---- 58dB +----+----+-- 55dB +----+----+- 52d8 dB +----+--- 46d6 +----+----+--- 57dB +----+----+-- 54de +----+----+--- 56dB +----+----+- 53dB +----+----+ 50dB +----+----+- 53dB +----+-- 45d6 +----+-- 44dB +----+--- 46d8 +----+-- 44dB +----+--- 47dB dB +----+--- 47dB +----+----+-- 54dB +----+--- 47dB +----+- 43d6 +----+-- 44dB +----+- 42d8 +----+- 42dB +----+-- 44d8 +----+ 41dB +----+ 41dB +----+----+ 50dB +----+-- 44dB dB +----+- 43d8 +----+ 4OdB +----+--- 45dB +----+--- 46dB +----+----+-- 54ds +----+---- 48dB +----+-- 44dB +----+-- 45dB +----+----+ 50dB +----+----+ 51dB +----+----+ 51de +----+- 43d6 dB +---- 39dB +----+-- 45d6 +-----+--- 47dB ----+--- 47dB +----+-- 44dB +----+- 43d6 +----+---- 49dB +----+- 43dB +----+--- 46dB +----+--- 46d8 +----+- 42dB Page 4 000003c 22:55 23:00 1 MIN 23:00 23:05 23:10 23:15 23:20 23:25 23:30 23:35 23:40 23:45 23:50 23:55 00:00 1 MIN 00:00 00:05 00:10 00:15 00:20 00:25 00:30 00:35 00:40 00:45 00:50 00:55 01:00 1 MIN 01:00 01:05 01:10 01:15 01:20 01:25 01:30 01:35 01:40 01:45 01:50 01:55 02:00 1 MIN 02:00 02:05 02:10 02:15 02:20 02:25 02:30 02:35 02:40 02:45 02:50 02:55 03:00 1 MIN 03:00 03:05 03:10 03:15 03:20 03:25 03:30 03:35 03:40 03:45 03:50 03:55 04:00 1 MIN 04:00 04:05 04:10 04:15 04:20 04:25 04:30 04:35 04:40 04:45 04:50 WESTAG341110029 42 42 43 44 43 dB 00 OOdB HISTOGRAM 42 43 42 43 42 dB 46 45 43 43 41 dB 43 42 45 46 52 ds 53 50 48 43 40 dB 41 40 44 42 45 dB 51 58 57 57 50 dB 45 43 43 42 43 dB 40 40 39 41 43 dB 41 42 44 42 42 dB 44 43 44 41 41 d8 46 42 42 45 41 ds 45. 42 39 38 39 dB 00 00dB HISTOGRAM 41 42 45 47 45 dB 43 40 41 43 45 dB 43 44 42 42 43 dB 44 45 46 45 46 dB 49 43 41 41 46 dB 45 47 46 45 43 dB 43 42 43 48 45 dB 45 43 43 42 40 d8 43 41 42 43 44 dB 44 42 39 38 38 d8 38 40 47 47 48 dB 43 40 44 43 41 dB 00 00dB HISTOGRAM 46 45 40 41 42 dB 46 40 40 42 41 dB 40 44 47 53 62 de 62 49 42 42 37 dB 39 40 37 39 39 dB 39 39 39 40 52 dB 56 52 41 39 39 dB 38 38 37 38 37 dB 38 38 37 37 37 dB 38 39 38 39 39 dB 38 38 39 42 39 dB 39 38 38 38 38 ds 00 00dB HISTOGRAM 38 38 42 43 38 dB 37 38 39 39 38 dB 37 39 40 39 40 dB 39 40 40 41 39 dB 41 41 44 40 39 dB 39 39 40 39 39 d6 40 42 43 39 39 dB 40 42 41 40 39 dB 42 40 39 41 42 dB 48 45 40 39 37 dB 38 40 39 38 38 dB 37 40 37 40 38 dB 00 OOdB HISTOGRAM 38 39 38 38 39 dB 38 37 37 37 37 dB 42 38 37 37 37 dB 37 37 37 38 37 dB 37 38 38 37 38 dB 39 38 37 37 38 ds 45 43 37 37 37 dB 39 40 42 39 38 dB 40 40 38 41 41 dB 37 37 41 39 39 dB 39 43 48 57 52 dB 45 39 42 39 40 d8 00 OOdB HISTOGRAM 39 40 40 59 63 dB 55 42 48 41 43 dB 40 44 44 42 43 dB 42 51 43 43 42 ds 40 42 39 39 39 dB 43 42 41 42 41 d8 38 38 40 39 37 dB 37 37 37 38 40 dB 39 52 44 40 38 dB 39 37 3B 38 38 dB 39 50 40 40 40 dB 43d6 dB +----+- 42d8 +----+-- 44d6 +----+--- 47dB +----+---- 49dB +----+- 43d6 +----+- 43d8. +----+ 41d6 +----+- 42d8 +----+- 43d8 +----+-- 44dB +----+ 41d6 dB +----+-- 44dB +----+- 43d6 +----+- 43dB +----+-- 45d6 +----+-- 45dB +----+-- 45da +----+-- 45dB +----+- 43dB +----+- 43d6 ----+ 41dB +- --+--- 46d8 +----+- 42d6 dB +----+- 43dB +----+- 42dB 55d6 56d6 55dB +---- 39d6 +----+--- 46d6 +----+----+ SldB +---- 38d8 +--- 37ds +---- 39d8 +---- 39d8 +---- 38d8 dB 40d6 38d6 390 40d8 41ds 39ds 41d8 41d6 41dB - 44dB 39d6 38d6 dB +---- 38dB --- 37d6 +---- 39d6 +--- 37d6 +--- 37dB +---- 38dB +--_-+ 41d6 +----+ 40d6 +----+ 40dB +---- 39d6 52d8 +----+- 42dB dB +----+----+--- 57d6 +----+----+ 50dB 43d6 +----+--- 46ds +----+ 40dB +----+- 42dB +---- 38d6 +---- 38d8 +----+--- 46dB +---- 38dB +----+-- 44d8 Page 5 0000031 04:55 05:00 1 MIN 05:00 05:05 05:10 05:15 05:20 05:25 05:30 05:35 05:40 05:45 05:50 05:55 06:00 1 MIN 06:00 06:05 06:10 06:15 06:20 06:25 06:30 06:35 06:40 06:45 06:50 06:55 07:00 1 MIN 07:00 07:05 07:10 07:15 07:20 07:25 07:30 07:35 07:40 07:45 07:50 07;55 08:00 1 MIN 08:00 08:05 08:10 08:15 08:20 08:25 08:30 08:35 08:40 08:45 08:50 08:55 09:00 WESTAG301110029 40 42 40 39 42 dB 00 00dB HISTOGRAM 42 39 39 39 38 dB 39 40 39 38 39 dB 45 39 53 39 40 dB 40 45 40 38 39 dB 40 45 40 50 40 dB 41 40 40 39 39 dB 41 46 39 44 42 dB 39 39 39 39 44 dB 60 40 39 51 41 dB 48 45 43 43 43 dB 44 43 42 42 44 d6 43 56 47 43 43 de 00 000 HISTOGRAM 47 46 47 49 48 dB 51 46 48 45 45 dB 4$ 46 46 45 48 dB 47 45 45 45 45 dB 66 68 45 48 49 dB 52 45 58 48 51 dB 45 51 45 47 47 dB 45 46 51 51 60 dB 46 49 48 49 46 dB 52 47 6]. 52 58 dB 61 54 50 55 53 de 51 52 63 49 49 dB 00 000 HISTOGRAM 53 48 54 51 46 dB 46 60 57 47 45 dB 48 46 45 49 51 dB 51 48 54 46 51 dB 54 51 46 44 45 dB 47 45 61 43 45 dB 47 51 55 50 45 dB 44 49 48 55 53 dB 45 55 49 53 54 dB 51 55 55 52 48 dB 47 45 45 45 44 dB 46 46 45 53 45 de 00 00dB HISTOGRAM 50 53 52 48 47 dB 46 57 49 51 47 dB 55 60 61 54 48 d8 48 46 51 51 45 dB 45 46 45 46 44 dB 44 45 45 46 45 dB 43 53 44 43 43 ds 45 45 43 47 45 dB 45 45 48 45 47 ds 49 57 46 44 44 dB 46 44 51 47 46 dB 45 46 45 45 45 d8 00 00dB EXCEEDANCE LEVEL LO1 77 76 75 L06 74 74 73 111 72 72 71 L16 65 62 59 L21 54 53 52 L26 50 50 49 L31 48 48 48 L36 47 47 47 141 46 46 46 L46 45 45 45 L51 45 44 44 L56 44 44 44 L61 43 43 43 L66 43 42 42 L71 42 42 42 L76 41 41 41 L81 40 40 40 L86 39 39 39 L91 38 38 38 L96 38 37 36 75 74 d8 73 73 dB 71 69 dB 57 56 dB 51 51 dB 49 49 dB 48 47 dB 47 46 dB 46 45 dB 45 45 dB 44 44 dB 43 43 dB 43 43 dB 42 42 dB 42 41 dB 41 41 dB 40 40 d8 39 39 d8 38 38 ds 36 20 dB +----+ 41da dB +----+ 40d8 +---- 39dB +----+--- 47dB +----+ 41dB +----+-- 45ds +----+ 40d6 +----+- 43d6 +----+ 41d6 +----+----+-- 54dB +----+-- 45dB +----+- 43d8 +----+----+ 50d6 dB +----+--- 47de +----+--- 47dB +----+--- 47d8 +----+-- 45dB +----+----+-- +- 63ds +----+----+- 53de +----+--- 47d8 +----+----+-- 55dB +----+---- 48dB +----+----+--- 56dB +----+----+--- 56d8 +----+----+--- 57dB dB +----+----+ 51dB +----+----+-- 55dB +----+---- 48dB +----+----+ 51d8 +----+----+ 50dB +----+----+-- 54de +----+----+ SldB +----+----+ 51dB +----+----+- 52de +----+----+- 53d6 +----+-- 45ds +----+---- 48d6 dB +----+----+ 51dB +----+----+- 52d8 +----+----+--- 57dB +----+---- 49de +----+-- 45dB +----+-- 45d8 +----+--- 47d8 +----+-- 45dB +----+--- 46d6 +----+----+ 51dB +----+--- 47d6 +----+-- 45dB dB +----+----+----+----+-- 74dB +----+----+----+----+- 73dB +----+----+----+---- 69dB +----+----+- 56d6 +----+----+ 51dB +----+---- 49dB +----+--- 47dB +----+--- 46dB 45dB 45ds 44d8 43d8 43d8 42d8 41dB +----+ 41d8 +----+ 40de +---- 39dB +---- 38dB dB Page 6 OOOOOY QUEST M-39 NAME PETERSON GRAVEL PIT SITE -2 WESTERN AG 3011-SN3001O AT RIVER BANK - MONDAY TO TUESDAY FEB,26-27,2001 CAL LEVEL---113.8dB WEIGHTING A TIME CONSTANT -SLOW START TIME-12:35H:M END TIME---09:20H:M RUN TIME-- 20:45:00 EVENT 1 START TIME-12:35H:M AVG 53.5dB PEAK LEVEL --115.1d8 MAX LEVEL--- 76.8dB RUN TIME-- :25:00 TWA 40.7dB DOSE .01% 8hrDOSE------ .22€ SEL 85.2dB EXPOSURE--- .00P2h EXPOSURE--- .13P2s LO1 65dB L10 51dB L50 46dB L90 45dB EVENT 2 START TIME-13:OOH:M AVG 47.7dB PEAK LEVEL-- 81.7dB MAX LEVEL--- 61.5dB RUN TIME-- 1:00:00 TWA 38.7dB DOSE .0C% BhrDOSE - .05 SEL 83.2dB EXPOSURE--- .O0P2h EXPOSURE--- .08P2s LO1 53dB L10 49dB L50 47dB L90 45dB EVENT 3 START TIME-14:00H:M AVG RUN TIME-- 1:00:00 TWA 51.1dB PEAK LEVEL-- 83.6dB MAX LEVEL--- 66.3dB 42.1dB DOSE .01% BhrDOSE .13% SEL 86.7dB EXPOSURE--- .00P2h EXPOSURE--- .18P2s LO1 63dB L10 51dB L50 49dB L90 47dB EVENT -4 START TIME-15:OOH:M AVG RUN TIME1:00:00 TWA 49.5dB PEAK LEVEL-- 84.7dB MAX LEVEL--- 62.2dB 40.5dB DOSE .01% 8hrDOSE .08% SEL 85.OdB EXPOSURE--- .00P2h EXPOSURE--- .12P2s 51dB L50 49dB L90 1,01 56dB L10 47d3 EVENT 5 START TIME-16:OOH:M AVG 46.3dB PEAK LEVEL-- 94.8dB MAX LEVEL--- 53.6dB RUN TIME-- 1:00:00 TWA 37.3dB DOSE .00% BhrDOSE .04% SEL 81.9dB EXPOSURE--- .00P2h EXPOSURE--- .06P2s LO1 51dB L10 48dB L50 46dB L90-- 44dB EVENT 6 START TIME-17:00H:M AVG 52.3dB PEAK LEVEL-- 89.2dB MAX LEVEL--- 67.1dB RUN TIME-- 1:00:00 TWA 43.3dB DOSE .02% 8hrDCSE .17% SEL 87.9dB EXPOSURE--- .00P2h EXPOSURE--- .24P2s LO1 64dB L10 53dB L50 51dB L90 47dB EVENT 7 START TIME-18:OOH:M AVG RUN TIME-- 1:00:00 TWA 54.9dB PEAK LEVEL-- 86.2dB MAX LEVEL--- 70.1dB 45.9dB DOSE .03% 8hrDOSE .31% SEL 90.5dB EXPOSURE--- .00P2h EXPOSURE--- .44P2s L01---------- 66dB L10 -- 55dB L50 53dB 1,90 51dB EVENT 8 START TIME-19:00H:M AVG RUN TIME-- 1:00:00 TWA 51.6dB PEAK LEVEL-- 84.3dB MAX LEVEL--- 67.5dB 42.6dB DOSE --- .01% 8hrDOSE------ .14% SEL 87.2dB EXPOSURE--- .00P2h EXPOSURE--- .20P2s 000003.1 LO1 62dB L10 54dB L50 ---- 46dB L90 --- 45dB EVENT 9 START TIME-20:00H:M AVG 47.1dB PEAK LEVEL-- 85.8dB MAX LEVEL--- 62.6dB RUN TIME-- 1:00:00 TWA 38.1dB DOSE- -- -- .00% 8hrDOSE .05% SEL 82.6dB EXPOSURE--- .00P2h EXPOSURE--- .07P2s LO1 53dB L10 48dB L50 46dB L90 44dB EVENT 10 START TIME-21:OOH:M AVG RUN TIME1:00:00 TWA SEL 84.3dB EXPOSURE--- LO1 54d8 L10 EVENT 11 START TIME -22:008:M AVG RUN TIME1:00:00 TWA SEL-64.2dB EXPOSURE--- LO1---- 53dB L10 48.8dB PEAK LEVEL-- 76.1dB MAX LEVEL--- 57.OdB 39.8dB DOSE .00% 8hrDOSE .07% .0OP2h EXPOSURE--- .10P2s 51dB L50 48dB L90 45dB 48.6dB PEAK LEVEL-- 76.1dB MAX LEVEL--- 57.7dB 39.6dB DOSE .00% 8hrDOSE .07% .00P2h EXPOSURE-- .10P2s 51dB L50 48dB L90 46dB EVENT 12 START TIME -23:008:M AVG 51.5dB PEAK LEVEL-- 85.1dB MAX LEVEL--- 72.OdB RUN TIME-- 1:00:00 TWA 42.5dB DOSE --- .01% BhrDOSE .14% SEL 87.1dB EXPOSURE--- .00P2h EXPOSURE--- .20P2s L01 61dB L10 54dB L50 47dB L90 46dB EVENT 13 START TIME -00:008:M AVG RUN TIME1:00:00 TWA SEL 64.3dB EXPOSURE--- LO1 53dB L10 48.7dB PEAK LEVEL-- 75.3dB MAX LEVEL--- 54.7dB 39.6dB DOSE-_------- .00% BhrDOSE .00P2h EXPOSURE--- .10P2s 51dB L50 48dB L90 .07% 47dB EVENT -----14 START TIME -01:008:M AVG 50.6dB PEAK LEVEL-- 87.7dB MAX LEVEL--- 64.1dB RUN TIME-- 1:00:00 TWA- 41.6dB DOSE .01% 8hrDOSE .11% SEL--- 86.2dB EXPOSURE--- .00P2h EXPOSURE--- .16P2s LO1 63dB L10 51dB L50 46dB L90 45dB EVENT -----15 START TIME -02:008:M AVG 46.8dB PEAK LEVEL-- 75.0dB MAX LEVEL--- 50.2dB RUN TIME-- 1:00:00 TWA 37.8dB DOSE .00% 8hrDOSE .04% SEL---------- 82.3dB EXPOSURE--- .00P2h EXPOSURE--- .O6P2s LO1 49dB L10 48dB L50 47dB L90 46dB EVENT 16 START TIME -03:008:M AVG 47.6d8 PEAK LEVEL--- 80.2dB MAX LEVEL--- 62.2dB RUN TIME-- 1:00:00 TWA 38.6dB DOSE--------- .00% BhrDOSE .05% SEL 83.2dB EXPOSURE--- .00P2h EXPOSURE--- .08P2s LO1 59dB L10 48dB L50 46dB L90 44dB EVENT 17 START TIME -04:008:M AVG 51.0dB PEAK LEVEL-- 86.6dB MAX LEVEL--- 65.648 RUN TIME-- 1:00:00 TWA 42.1dB DOSE .01% 8hrDOSE .12% SEL 86.6dB EXPOSURE--- .O0P2h EXPOSURE--- .18P2s LO1 65dB L10 50dB L50 47dB L90 45dB EVENT 18 000003 START TIME-05:00H:M AVG RUN TIME-- 1:00:00 TWA SEL 83.8dB EXPOSURE --- L01 54dB L10 EVENT 19 START TIME-06:00H:M AVG RUN TIME1:00:00 TWA SEL 87.3d8 EXPOSURE --- L01 62dB L10 EVENT 20 START TIME-07:OOH:M AVG --------- RUN TIME1:00:00 TWA --- SEL - 87.0d8 EXPOSURE --- L01 54dB L10 EVENT 21 START TIME-08:00H:M AVG RUN TIME1:00:00 TWA SEL 88.6dB EXPOSURE --- L01 64d8 L10 EVENT -----22 START TIME-09:00H:M AVG RUN TIME-- :19:48 TWA SEL 86.5dB EXPOSURE --- L01 69d8 L10- 1 MIN 12:35 12:40 12:45 12:50 12:55 13:00 1 MIN 13:00 13:05 13:10 13:15 13:20 13:25 13:30 13:35 13:40 13:45 13:50 13:55 14:00 1 MIN 14:00 14:05 14:10 14:15 14:20 HISTOGRAM 64 61 56 46 45 45 46 48 46 47 46 45 45 45 44 00 00dB HISTOGRAM 46 47 45 46 47 47 45 45 44 48 49 47 46 46 45 45 47 48 47 46 46 48 48 47 48 48 48 48 48 48 48 46 47 48 48 47 00 OOdB HISTOGRAM 47 48 47 47 48 48 48 48 47 46 49 48 47 48 50 49 46 dB 46 45 dB 45 47 dB 46 46 dB 46 47 dB 46 46 dB 46 45 dB 45 45 dB 45 47 dB 45 46 dB 4.9 48 dB 46 54 dB 48 48 dB 48 47 dB 49 48 dB 48 48 dB 48 48 dB 47 45 dB 48 48 dB 48 48 dB 46 47 dB 49 49 dB 48.3d8 PEAK LEVEL-- 74.6dB MAX LEVEL--- 55.8dB 39.3dB DOSE .00% 8hrDOSE .06% .00P2h EXPOSURE- .09P2s 50dB L50 48dB L90 46dB 51.8d0 PEAK LEVEL-- 82.5dB MAX LEVEL--- 67.8d8 42.8dB DOSE .01% 8hrDOSE .15% .00P2h EXPOSURE--- .21P2s 52dB L50 51dB L90 49dB 51.4dB PEAK LEVEL-- 91.1dB MAX LEVEL--- 70.8dB 42.4d8 DOSE----- --- .01% 8hrDOSE .131 .00P2h EXPOSURE--- _19P2s 53dB L50 51dB L90 50dB 53.OdB PEAK LEVEL-- 84.7dB MAX LEVEL--- 67.8dB 44.0dB DOSE .02% 8hrDOSE------ .20%% .00P2h EXPOSURE----- .28P2s 53d3 L50 51dB L90 50dB 55.8dB PEAK LEVEL--112.5dB MAX LEVEL--- 77.2d8 42.OdB DOSE .01% BhrDOSE .38€ .00P2h EXPOSURE-- .17P2s 53d8 L50 50dB L90 49dB +----+-- 45dB 46dB +----+--- 46dB +----+-- 45dB dB 46dB 46dB 45dB 47dB 46dB +----+--- 47dB +----+----+ 50d8 +----+---- 48dB +----+---- 48dB +----+---- 48dB + ----+--- 47dB +----+---- 48dB dB +----+--- 47dB +----+---- 48dB + -----+---- 48d8 +----+--- 47d8 +----+-- 49d8 59dB 0000035 14:25 48 49 49 51 48 dB +----+---- 49dB 14:30 48 50 51 51 61 dB +----+----+--- 56dB 14:35 61 49 48 49 48 dB +----+----+-- 55dB 14:40 49 49 48 50 49 dB +----+---- 49dB 14:45 51 49 50 49 55 dB +----+----+- 52dB 14:50 49 48 48 49 48 dB +----+---- 48dB 14:55 48 49 48 49 49 dB +----+---- 49dB 15:00 00 OOdB dB 1 MIN HISTOGRAM 15:00 48 57 49 48 48 dB +----+----+- 52dB 15:05 48 51 48 47 48 dB 49dB 15:10 49 48 47 48 50 dB 48dB 15:15 50 53 51 51 49 dB 51dB 15:20 50 48 49 48 48 dB 49dB 15:25 49 48 49 49 51 dB 49d8 15:30 51 49 52 49 51 dB 50dB 15:35 49 48 49 48 49 dB 48dB 15:40 48 48 47 48 47 dB 48dB 15:45 47 48 47 47 48 dB 47dB 15:50 48 47 47 46 45 dB 47dB 15:55 46 46 46 47 45 dB 46dB 16:00 00 00d8 dB 1 MIN HISTOGRAM. 16:00 44 45 46 46 47 dB +----+--- 46dB 16:05 45 47 47 43 42 dB +----+-- 45dB 16:10 43 44 44 45 46 dB +----+-- 45dB 16:15 49 48 47 47 47 dB +----+--- 47dB 16:20 47 46 46 48 47 dB +----+--- 47dB 16:25 46 47 47 47 48 dB +----+--- 47dB 16:30 49 49 49 46 46 dB +----+---- 48dB 16:35 46 46 45 44 44 dB +----+-- 45dB 16:40 45 45 44 45 46 dB 45dB 16:45 46 45 43 44 45 dB +----+-- 45dB 16:50 44 43 43 43 46 dB +----+-- 44dB 16:55 45 45 45 45 43 dB +----+ 45dB 17:00 00 OOdB dB 1 MIN HISTOGRAM 17:00 44 45 45 45 45 dB 45dB 17:05 48 47 48 500 48 dB 48dB 17:10 50 50 47 48 51 dB 49dB 17:15 49 49 49 48 48 dB 49dB 17:20 49 49 49 49 51 dB 49dB 17:25 50 50 52 50 50 dB 50dB 17:30 49 50 50 50 51 dB 50dB 17:35 51 52 51 51 51 dB 51dE 17:40 51 51 51 51 51 dB 51dB 17:45 52 51 51 50 51 dB 51d6 17:50 50 51 55 54 52 dB +----+----+- 53dB 17:55 63 60 52 52 51 dB +----+----+---- 59dB 18:00 00 OOdB dB 1 MIN HISTOGRAM 18:00 51 51 52 51 51 dB 51d8 18:05 51 52 51 53 54 dB 52dB 18:10 52 52 51 52 52 dB 52d8 18:15 53 53 52 52 54 dB 53dB 18:20 54 52 53 53 54 dB 53dB 18:25 52 53 54 55 52 dB 53dB 00000E 18:30 52 54 64 65 60 dB 18:35 54 53 51 53 53 dB +----+----+- 53dB 18:40 52 53 52 54 54 dB +-___+----+- 53d8 18:45 54 52 52 52 52 dB +----+--_-+- 52dB 18:50 51 52 56 53 54 dB +-___+___-+- 53dB 18:55 53 54 51 53 53 dB +----+L---+- 53dB 19:00 00 00dB dB 1 MIN HISTOGRAM 19:00 51 50 49 49 51 dB +----+----+ 50d8 19:05 55 62 56 54 52 dB +--__+----+--- 57dB 19:10 58 51 54 53 54 dB +----+----+-- 55dB 19:15 52 52 51 50 51 dB +----+----+ 51dB 19:20 55 56 52 50 50 dB +-__-+----+- 53dB 19:25 49 48 48 48 48 dB +----+---- 48dB 19:30 47 48 46 46 46 dB +----+--- 47dB 19:35 46 47 45 45 45 dB +--__+--- 46dB 19:40 45 45 45 46 46 dB +----+-- 45dB 19:45 45 48 45 45 46 dB +----+--- 46dB 19:50 46 45 45 45 45 dB +----+-- 45dB 19:55 45 46 48 46 46 dB +----+--- 46d6 20:00 00 00dB dB 1 MIN HISTOGRAM 20:00 46 46 45 49 47 dB 47dB 20:05 48 48 47 46 45 dB 47dB 20:10 45 45 55 45 47 dB +----+----+ 50dB 20:15 47 46 47 46 46 dB 46dB 20:20 46 48 45 45 44 dB 46dB 20:25 45 45 45 47 48 dB 46dB 20:30 48 47 47 47 47 dB 47d8 20:35 46 46 46 44 43 dB 45dB 20:40 45 45 44 45 45 dB 44dB 20:45 45 46 46 48 47 dB 46d8 20:50 48 46 47 48 46 dB 47dB 20:55 46 46 45 46 47 dB +-----+--- 46d8 21:00 00 OOdB 1 MIN HISTOGRAM 21:00 45 45 46 47 45 dB +----+--- 46dB 21:05 44 45 44 45 45 dB +----+-- 44dB 21:10 45 45 45 45 46 dB +----+-- 45dB 21:15 45 46 48 46 48 dB +----+--- 47dB 21:20 49 47 48 48 46 dB 48dB 21:25 48 48 47 47 49 dB 46d8 21:30 51 49 48 48 51 dB 49dB 21:35 50 49 49 49 49 dB +_-__#___- 49dB 21:40 49 48 49 48 49 dB +----+---- 48dB 21:45 51 49 48 51 51 dB +----+----+ 50dB 21:50 51 50 52 50 52 dB +----+----+ 51dB 21:55 51 51 46 47 50 dB +--__+__-- 49dB 22:00 00 00dB dB 1 MIN HISTOGRAM 22:00 48 47 46 45 44 dB + 46d8 22:05 47 45 45 45 46 dB 46dB 22:10 48 48 49 50 49 dB +----+---- 49dB 22:15 50 51 51 49 49 dB +----+----+ 50dB 22:20 48 48 48 50 47 dB 48dB 22:25 48 48 48 48 47 dB 48dB 22:30 49 48 48 49 48 dB 48d8 62dB dB C00003i 22:35 49 47 48 46 47 dB +----+--- 47dB 22:40 53 49 48 49 48 dB +----+----+ 50dB 22:45 49 48 49 5C 49 dB +----+---- 49dB 22:50 48 48 48 48 47 dB +----+---- 48dB 22:55 47 47 48 49 47 dB +----+--- 47dB 23:00 00 00dB dB 1 MIN HISTOGRAM 23:00 47 47 46 48 48 dB 47dB 23:05 48 48 45 45 45 dB 46dB 23:10 47 46 46 46 58 dB +----+----+- 52d8 23:15 56 55 54 47 46 dB +----+----+- 53dB 23:20 47 47 48 48 48 dB +----+--- 47dB 23:25 50 57 60 63 54 dB +----+----+---- 59dB 23:30 48 48 47 47 48 dB 47dB 23:35 46 46 46 46 47 dB 46dB 23:40 47 47 48 47 46 dB 47dB 23:45 49 47 46 45 45 dB 47dB 23:50 49 46 46 50 47 dB +----+---- 48dB 23:55 49 49 47 47 47 dB +----+---- 48dB 00:00 00 00dB dB 1 MIN HISTOGRAM 00:00 48 47 48 50 48 dB 48dB 00:05 48 46 47 48 50 dB 48dB 00:10 48 49 47 46 48 dB 48dB 00:15 48 49 50 49 49 dB 49dB 00:20 51 48 48 47 50 dB 49dB 00:25 48 51 51 49 49 dB 50dB 00:30 48 48 48 51 49 dB 49dB 00:35 49 49 48 48 48 dB 48dB 00:40 48 47 47 48 47 dB 47dB 00:45 48 46 46 46 46 dB 47dB 00:50 46 46 50 50 51 dB 49dB 00:55 48 47 48 48 47 dB +----+---- 48dB 01:00 00 00dB dB 1 MIN HISTOGRAM 01:00 49 49 47 47 48 dB +----+---- 48dB 01:05 49 47 47 48 46 dB +----+--- 47dB 01:10 46 45 48 57 62 dB +----+----+---- 56dB 01:15 61 48 48 48 45 dB +----+----+-- 54dB 01:20 46 47 45 46 46 dB 46dB 01:25 45 45 46 45 48 dB 46dB 01:30 57 56 47 45 45 dB +----+----+- 53dB 01:35 45 45 45 45 44 dB +----+-- 44dB 01:40 45 45 46 45 45 dB +----+-- 45dB 01:45 45 45 46 46 46 dB 46dB 01:50 46 45 46 47 45 dB 46dB 01:55 46 46 46 46 45 dB 46dB 02:00 00 00dB dB 1 MIN HISTOGRAM 02:00 46 46 46 48 46 dB 46dB 02:05 46 46 46 46 46 dB 46dB 02:10 45 46 46 46 46 dB 46dB 02:15 46 46 47 47 46 dB 46d2 02:20 47 47 48 47 46 dB 47dB 02:25 46 46 46 45 46 dB 46dB 02:30 46 48 47 46 46 dB 47dB 02:35 47 48 47 47 47 dB 47dB 02:40 47 48 47 48 47 dB +----+--- 47dB 02:45 46 46 46 47 45 dB +----+--- 46dB 02:50 46 46 47 46 46 dB +----+--- 46dB 02:55 45 46 46 46 46 dB +----+---- 46dB 03:00 00 00dB dB 1 MIN HISTOGRAM 03:00 46 46 46 45 46 dB +----+--- 46dB 03:05 44 44 43 43 43 dB +----+- 43dB 03:10 43 45 46 44 44 dB 45dB 03:15 45 45 44 45 44 dB 44dB 03:20 44 44 45 44 45 dB 44dB 03:25 45 45 45 45 45 dB 45dB 03:30 45 46 45 45 45 dB 45dB 03:35 45 46 46 46 45 dB 46dB 03:40 46 46 45 46 46 dB 46d8 03:45 45 45 46 45 46 dB 45dB 03:50 47 48 55 59 52 dB +----+----+-- 54dB 03:55 48 46 46 48 46 dB 47dB 04:00 00 00dB dB 1 MIN HISTOGRAM 04:00 47 46 48 62 64 dB +----+----+---- 59dB 04:05 52 48 48 48 48 dB +----+----- 49dB 04:10 47 49 48 48 48 dB +----+---- 48dB 04:15 49 48 47 47 48 dB +----+---- 48dB 04:20 47 48 46 46 45 dB +----+--- 46dB 04:25 47 48 47 48 47 dB +----+--- 47dB 04:30 45 45 48 48 44 dB +----+--- 46d8 04:35 44 44 44 45 46 dB +----+-- 45dB 04:40 47 47 48 47 46 dB 47dB 04:45 47 45 46 46 46 dB 46dB 04:50 46 47 47 47 47 dB 47dB 04:55 47 48 48 47 48 dB +----+---- 48dB 05:00 00 00dB dB 1 MIN HISTOGRAM 05:00 49 50 46 49 48 dB 49dB 05:05 47 48 48 47 46 dB 47dB 05:10 47 48 46 46 46 dB 46dB 05:15 47 46 46 46 46 dB 46dB 05:20 46 47 47 47 46 dB 46d8 05:25 47 46 46 46 47 dB 47dB 05:30 49 52 48 48 48 dB 49dB 05:35 48 47 48 48 48 dB 48dB 05:40 47 48 48 49 49 dB 48dB 05:45 48 51 50 49 49 dB 49dB 05:50 48 49 48 48 49 dB +----+---- 48dB 05:55 48 48 48 48 48 dB +----+---- 48dB 06:00 00 00dB dB 1 MIN HISTOGRAM 06:00 50 51 50 50 52 dB +----+----+ 50dB 06:05 50 50 51 49 49 dB +----+----+ 50dB 06:10 49 51 49 49 49 dB +----+---- 49dB 06:15 50 50 49 49 50 dB +----+----+ 50dB 06:20 48 51 51 51 50 dB +----+----+ 50dB 06:25 49 51 51 51 51 dB +----+----+ 51dB 06:30 50 51 49 50 51 dB +----+----+ 50dB 06:35 50 50 51 51 50 dB +----+----+ 50dB 06:40 49 51 51 51 49 dB +----+----+ 50dB 000003E 06:45 49 50 49 49 52 dB +----+----+ 50dB 06:50 60 60 55 51 50 dB +----+----+--- 57dB 06:55 49 49 51 51 50 dB +----+----+ 50d8 07:00 00 OOdB dB 1 MIN HISTOGRAM 07:00 51 51 51 51 49 dB 50dB 07:05 51 49 51 51 51 dB 51dB 07:10 51 51 49 51 52 dB 51d8 07:15 51 52 52 52 51 dB 52d8 07:20 49 50 51 51 51 dB 50d8 07:25 52 51 51 50 51 dB 51d8 07:30 52 51 51 51 50 dB 51dB 07:35 49 50 51 50 51 dB 50dB 07:40 51 52 51 51 50 dB 51dB 07:45 52 51 51 52 51 dB 52dB 07:50 50 50 51 51 50 dB 50dB 07:55 51 51 57 51 50 dB 53dB 08:00 00 OOdB dB 1 MIN HISTOGRAM 08:00 50 51 50 51 50 dB +----+----+ 51dB 08:05 51 51 50 50 50 dB +----+----+ SOdB 08:10 51 58 64 60 53 dB +----+----+----+ 60dB 08:15 52 52 51 51 51 dB +----+----+- 52dB 08:20 51 51 51 51 50 dB 51dB 08:25 50 51 51 52 51 dB 51dB 08:30 51 51 51 51 49 dB 51dB 08:35 50 50 49 51 49 dB +----+-- -+ 50dB 08:40 51 50 51 50 50 dB +----+_ -+ 50dB 08:45 50 52 51 50 50 dB +----+-_--+ 51dB 08:50 49 50 51 52 51 dB +-_--+_---+ 51dB 08:55 49 51 51 51 51 dB +-_--+----+ 51dB 09:00 00 00dB dB 1 MIN HISTOGRAM 09:00 49 51 50 49 51 dB 50d8 09:05 51 50 50 48 50 dB 50d8 09:10 49 49 50 51 49 dB +----+----+ 50dB 09:15 51 50 60 56 66 dB +----+----+----+ 60d8 09:20 OOdB dB EXCEEDANCE LEVEL LO1 82 82 81 81 80 dB 80d8 L06 80 79 79 79 78 dB +----+- _+_-__+_-__+__-- 7BdB L11 77 77 76 76 74 dB +----+----+--_-+----+-- 74dB L16 65 61 58 55 54 dB +----+----+-- 54dB L21 54 53 53 52 52 dB +----+----+- 52dB L26 52 52 52 52 51 dB 51dB L31 51 51 51 51 51 dB 51d8 L36 51 50 50 50 50 dB 50d8 L41 50 50 50 50 50 dB 50d8 L46 49 49 49 49 49 dB 49d8 L51 49 49 49 48 48 dB 48d8 L56 48 48 48 48 48 dB 48dB L61 48 48 48 48 47 dB 47d8 L66 47 47 47 47 47 dB 47dB L71 47 47 47 47 47 dB 47dB L76 47 47 46 46 46 dB 46dB 0000040 L81 46 46 46 46 46 dB L86 46 46 45 45 45 dB L91 45 45 45 44 44 dB L96 43 43 41 39 20 dB dB 46dB 45dB 44dB 0000041 • SECTION III BUREAU OF RECLAMATION • • 0000042 03.10:01 FRI 13:20 FAX 97024806(11 USSR WCAfl D, United States Department of the interior BUREAU 07 RECLr+MATXON Upper Colorado Regnm Western Coloneir A: Ofi,::c 2764 Compass Dive, Suite 176 Grind Junction CO 81%6-8765 WCG-DCrabtree PRJ 15.00/LND 6.00 Mr. Glenn Harsh Western Slope Aggregates P.P. Box 1456 Carbondale CO 81623 834 E 7r' Avenue. Sun 300 Durano CO 81101.5475 PAA 1 rS 7nAr OPTIONAL FCPV yr FAX TRANSMITTAL 1•01 l ,..-■ j c2 Ta+ 1Qvi, v,~ E"1 .1r4� F[am A. JGA+I r'ot4cr pt JAqqm-s• ttAts s. .. 57,70..L "' 47a) 0246-a4,yz Pal Subject Western. Slope Aggregates, Peterson Gavel Pit, Silt Pump Canal, Silt Project, Colorado Dear Mr. Huh: We have reviewed the rilscharge design front Robert PerL1ingtort of Jerome Gamha & Associates. Inc. which addresses Reclamation's concerns rcgardrn,g the outflow from the sedimentation pond in the proposed Peterson Gravel Pit. Reclamation approves the design as it does a good job of addressing our concerns We agree with NIr. Pernington's suggestion for the Slit Pump Canal area which stales flows will be monitored and Western Slope Aggregates will provide appropriate mitigation measures for any flow reductions. As recommended by the Garfield County Planning Department, we have drafted an agreement between Reclamation and Western Slope Aggregates addressing proposed actions in the event of potential adverse ;affects on the Silt Pump Canal. The agreement is currently being reviewed by our Regional Solicitor and will be available for your review as soon as possible. We would Like to reiterate that Reclamation is neither for or against the proposed permit. Thank you for your cooperaton regarding this matter Please call Alan Soh -ceder at (970) 248.C692 with any further questions or comments. Si,p ere1y,, 1.7 b Ed Warne!. Resources Divisior. Manager 0000043 JEROME GAMBA & ASSOCIATES, INC, CONSULTING ENGINEERS & LAND SURVEYORS 113 9TH STREET. SUITE 214 P.O. BOX I45a GLENWOOD SPRINGS. COLORADO 01602-1458 PHONE. I970y 915-2550 FAX: (9701.945-1410 Mr. Alan Schroeder United States Department of the Interior Bureau of Reclamation 2764 Compass Drive, Suite 106 Grand Junction, CO 81506-8785 March 14, 2001 Re: Western Slope Aggregates, Inc./ Silt Pump Canal Project Dear Alan: Attached is the design for the proposed sedimentation pond discharge to the Colorado River. It was thought that an improved channel and culvert installation would best suit the project to: 1. Provide a crossing under the existing access road: and 2. Control the erosion potential across the Pump Canal Pipeline and the down slope to the River. The existing irrigation drainage ditch "disappears" once it leaves the property and these improvements will insure that the discharge from the mining activities is contained and controlled. For the canal area. it is suggested to monitor the flows and provide mitigation measures that are appropriate for any flow reductions. The mining activities will most likely start after the peak high water level in the Colorado River recedes (July, August) and will coincide with the latter portion of the irrigation season. Please have Glen and Dan review the proposed design and provide revisions to satisfy any additional concerns. Once approved, please send a letter to Garfield County indicating your acceptance. Our next meeting with the County is April 11, 2001. Sincerely, Jerome Gamba & Associates. Inc.. Robert W. Pennington. P. Cc: Glen Harsh, WSA G.\99870\2.14.01 meeting\BOR.doc u 15,'01 THt' 13:16 FAX 9702480601 USBR WCAOND Contract No. AGREEMENT This Agreement made this day of , 20_, by and between the UNITED STATES OP AMERICA, hereinafter referred to as the United States, acting pursuant to the Act of June 17, 1902 (32 Stat. 388), and all acts amendatory thereof or supplementary thereto, particularly the Colorado River Storage Project Act of 1956 (70 Stat. 105), the Silt Water Conservancy District, hereinafter referred to as the District, and Western. Slope Aggregates, Inc. , hereinafter referred to as the Operator. WITNESSETH THAT: WHEREAS. The Operator is the permittee for removal of sand and gravel deposits.,or. land owned by Brent Peterson and Sandra Hannigan within portions of Lot 2 and the NES NWl4, Section 12, Township 6 South. Range 92 West, 6"' Principal Meridian and has applied to the Board of Commissioners of Garfield County for approval of a conditional use permit to operate a gravel pit on said property; and WHEREAS, The District is the Grantee of that certain easement granted the 14th day of January, 2000. by Brent Peterson and Sandra Hannigan, which casement is recorded in Book 1173, Pages773-775, of the official records of Garfield County, State of Colorado, hereinafter referred to as the Easement of the District; and WHEREAS, The United States is the owner of portions of Lot 2 and the N*WrlINW! , Section 12, Township 6 South, Range 92 West, 6" Principal Meridian, as described and recorded in Book 568 , Pages 756-757, of the official records of Garfield County, State of Colorado, and of the Silt Pumping Plant Inlet Canal facilities located on said property and on the Easement of the District, of which portions of all axe adjacent to the proposed gravel pit and; WHEREAS, The District operates the Silt Pumping Plant Inlet Canal facilities under contract with the United States, through the Bureau of Reclamation (hereinafter referred to as Reclamation). for the purposes of the Silt Project, a participating project authorized rider the Colorado River Storage Project Act and: WHEREAS, The operation of the gravel pit by the Operator has the potential to adversely affect the Silt Pumping Pian Inlet canal facilities or their operations; and WHEREAS, the parties hereto are willing to agree, upon conditions more particularly specified hereinafter, to mitigate the potential adverse effects to the Silt Pumping Plant Inlet Canal and its operations; NOW, THEREFORE, the parties hereby agree as follows: Page 1 of. 5 LO 002 000004 03/13/01 THU 13:17 FAX 9701480801 L'SBR WCAONU Contract NQ . 1. The Operator shall: a) Line the open portions of the inlet canal in a manner acceptable to al". parties upon request by Reclamation or the District. This condition is applicable only, upon determination by either the District or Reclamation that gravel pit operations have decreased the water flow in the inlet canal below the District's water rights of 36 cfs. b) Conduct the approved NPDES discharge of water from the pit across the Easement of the District and the inlet canal facilities in a manner (1) designed to protect the canal facilities and their operation and (2) acceptable to all parties. Said manner to be agreed to by the parties hereto and installed by the Operator prior to commencement of the discharge. Operator to maintain the discharge facilities in good working condition at all times during discharge. c) Work with the District and Reclamation to develop and implement acceptable mitigation measures to protect Silt project lands a.{id facilities from potential and actual damage due to gravel pit operations. 2. The District and Reclamation, shall: a) Monitor the flow within the inlet canal and determine to what extent, if any, the gravel pit operations reduce said flow and advise the Operator of any such reductions. b) Request lining of the inlet canal, when and if gravel pit operations reduce the canal's flow below 36 cfs. c) Monitor the water discharge facilities for damage to inlet canal facilities and advise operator of same. Request Operator to implement additional protective measures, as necessary. d) Work with the Operator to develop and implement acceptable mitigation measures to protect Silt Project lands and facilities from potential and actual damage due to gravel pit operations. 3. This agreement may be supplemented by pians and designs for specific protective actions to be implemented by the Operator. Said plans and designs will be developed jointly, as necessary, by the parties hereto. 4. This agreement is supplemental to and considered a part of any permit issued by the Garfield County Board of Commissioners. Copies of this agreement and any supplements shall be provided to the Garfield County Commissioners for inclusion in their permit. 5. The Operator shall comply with all applicable laws, ordinances, rules, and regulations enacted or promulgated by any Federal, state, or local governmental body having jurisdiction over the encroachment by the Operator. 6. The provisions of this agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto; provided, however, that no such heir, executor, administrator, personal representative, successor or assign of the Operator shall have the right to use, alter, or modify the encroachment in a manner which will increase the burden of the encroachment on the Easement of the District and the facilities of the United States s+. ithout the concurrence of the District and Reclamation. ?age 2 of 13003 0000047 03/1501 TEV 13:18, FAX 9702480601 USSR WCAOND R Contract No . IN WITNESS 'WHEREOF, the parties hereto have executed this Agreement the day and year first above wrtten. UNITED STATES OF AMERICA By: Area Manager Western Colorado Arca Projects Office DISTRICT By: President Silt Water Conservancy District OPERATOR By. President Western Slope Aggregates, Inc. Page 3 of 5 I00O4 000004E JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 113 9TH STREET, SUITE 214 PC SOX 1458 GLENWOOD SPRINGS. COLORADO 81502.1458 PHONE. 49701 945.2550 FAX 19701945.1410 Supplemental Information Western Slope Aggregates, Inc. Peterson Pit, Garfield County, Colorado WATER SUPPLY PROTECTION February 14, 2001 Several engineering reports (and State permits) supplement the Application regarding water supply and environmental protection measures. These include: • Spill Prevention, Control and Countermeasure Plan; • Stormwater Management Plan: • Colorado Discharge Permit: Discharges Associated with Sand & Gravel Production Operations; • Flood Plain Conditions (see letter dated April 3, 2000, Jerome F. Gamba, P.E. & L.S.); Opinion Letter (May 31, 2000, Jerome F. Gamba, P.E. & L.S.) regarding the Silt Pump Canal & Pipeline; Copies of the above documentation were submitted with the Special Use Permit Application and portions have been attached to this report for reference. Two major water intakes are located in the immediate area of the proposed gravel operation. The nearest water diversion is the Silt Pump Canal Intake. The Silt Pump Canal project delivers irrigation water to the upper bench area fields north of the Town of Silt. The intake consists of an intake structure located approximately 100 feet south of the proposed pit boundary and a gravity pipeline buried 10 feet deep located 35 feet away from the property boundary (along the canal road). Proposed mitigation measures include the construction of an earth berm with vegetated slopes and silt fence placed at the bottom toe of the slope (Colorado River Side). The berm will be constructed using the topsoil and overburden materials and will serve to provide an additional buffer zone of the mining activities from the canal pipeline. The silt fencing will minimize sediment transport to the river during storm events while the proposed vegetation is being established. The crusher has been relocated directly North of the "island to remain" as depicted on the Supplemental Mining Site Plan. This relocation, in conjunction with the vegetated earth berm, will provide noise and visual mitigation to the existing and proposed residences South of the proposed site. The gravel stockpile area will be situated near the crusher and "island to remain" which should G 19987©12-14-01 rrmeeting\Supplemental Information.dac Page 1 of 2 Supplemental Information Western Slope Aggregates, Inc. February 13, 2001 further serve to decrease the level of offsite noise impact. Additionally, the crusher will be placed in the bottom of the excavated area that will conservatively be 10 to 12 feet deep, decreasing the noise level and visual impact even further. The second water intake is the Town of Silt Municipal Water Treatment Facility located approximately 1.4 miles downstream from the proposed gravel operation along the Colorado River. Water for domestic use is withdrawn from the river into a sedimentation pond located on the facility grounds. Raw water is withdrawn directly from the pond or from the subsurface drain structure that surrounds the pond, where it is further treated and pumped to the Town's 800,000 -gallon storage reservoir. The Town's water treatment facility rarely (if ever) withdraws raw water directly from the Colorado River utilizing the surrounding subsurface soils and gravels to prefilter the raw water. Proposed onsite mitigation of the proposed gravel and batch plant operation includes the spill containment structures (see the Spill Prevention, Control and Countermeasure Plan) for the fuel storage tanks and the onsite sediment transport control measures (see the Stormwater Management Plan and the Colorado Discharge Permit: Discharges Associated with Sand & Gravel Production Operations. Permit No. COG -500000) that is incorporated within the mining area dewatering, gravel washing and stormwater containment improvements. These improvements together with the silt fencing around the perimeter of the site, effectively protects the receiving waters from degradation. The accompanying Supplemental Mining Site Plan illustrates the above improvements. All groundwater pumped during the dewatering efforts, overflow from the gravel washing operations: or storm water runoff is captured by the various surface water collection swales and diverted to the sedimentation pond located at the southern boundary of the facility. Within the collection swales are EnviroBerm® Sediment Control installations that capture and control sediment and erosion along the way to the pond. Prior to the spring runoff each year, the sedimentation pond and EnviroBerm® installations shall be cleaned of trapped sediment to provide adequate capacity in anticipation of major storm events. Additional cleanings shall be performed on an "as -needed" basis following significant storm events during the operation of the facility. All fuel storage tanks and mining equipment are located above the Base Flood Elevation (100 -Year storm elevation), Trucks and other mobile equipment will be parked out of the flood plain when not in use. The electric pump used for the dewatering operation is equipped with sealed bearings and will' be mounted on a trailer that can be moved to higher ground prior to the major storm flow event. The proposed berm will not impact downstream flood elevations since it is open at both ends and does not create an encroachment (or a constriction of the flows) within the flood plain. The proposed lake, as depicted on the Supplemental Reclamation Plan. has been reshaped with an irregular edge to appear more natural and to enhance aquatic life. Page 2 of 2 JEROME GAMBA 84 ASSOCIATES. INC. CONSULTING ENGINEERS & LAND SURVEYORS 1 1 1 1 1 1 1 1 1 1 1 1 7°0 —15 (- SOO Yr Fkaci ol MICH riAto AmA IL 5tamwater (data; "wale AF:A -ro 13 \\I 2 1.7v1i-cOerm Imetailatw Props 5it Fare (A4401.0 5PLfrp Cana' P.oad g . Pipe I,te PriTosed 5iit Fare 5.4,10 4.X 0 1000 Col. FUEL Work Platt cv envirreenr 4e _itrotalketen \\\ • Pewaterirq frendi (D) 1Mi G4AF-'1-11C SCAL[ IN EH I 1 INCH - SUPPLEMENTAL MINING SUE PLAN DA1E Sitt E 1 2 /13 /01 1 OF 1 AWN P. DRAWNG NAME Rwp 99870 \2-141..\\Site START MENINO at Pond clet.40 Western Slope Aggregates, Inc. ROS1 atria Na11 %la GARSONIDAti. 1.011011114X3 N1621 (NM afi.3-2;96 JEROLE CASA & ASSOCIATES, NG. ccoateoa sown UM MOM p0)1 Platt akil 11511 113 wilt, siR[r1 - 5311* ;11 G4ftlw3al(1 SPRINGS, CIXORALIG alba.? (979) 915-2a5N 10 Ce4° ‘R.ver 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 L 2A5rUk LAKe GRAPk1IC SCALE IN FEET 1 MCH - 2001EE1 SUPPLEMENTAL RECLAMATION PLAN -I Bair - HEET 2/13/01 I 1 OF 1 E]RANN BY- BRAVING NAM RWP , 99870\2—14..\Site Western Slope - Aggregates. In c.•. P051 Orrrc'[ ROM 910 1:ARRONRALE. COLORADO 9142Y (9M) 905-87414 & Assoams,1C- cQanraee sILAwagl PO51 OFFIt1 ePA 1.503 113 NOVA STREET - 0 13 21. C1.ENNOcO SPRIN'0S. C1:11.0RA00 81007 [930) 045-7550 1 1 1 1 1 4 1 • • / • / • , / • e • , • '‘...„ • '--;/ • /7 • .0./ a Z. •... .0 • .0 6 .. t • '''' • • /7 ... 7., / z SEDIMENTATION POND PLAN VIE1-51 Western Slope Aggregates, Inc. A OsT Cela Box WI' CARCHNO.K.E. COLORADO I023 911../) 663 - 7796 JEROME GAMEA & ASSOCIATES, INC ClaaLTIC MIME LAID MaleFOINS OCS: .1Sn '11/ NWT. 516CE. - 6.7,161,61.1_0: t6P66.105 L -21.0616C- 616:17 -6"' 66' -:•!.1-.1 16 .6 CTION VISA! ..,•;R A bom it? No, Let it Flow rA71te,” Pen,: ___ Porous Sediment Contro Y Sediment control that minimizes ponding and maximizes vegetation and growth. Handles over 8% grades and extreme flow volumes and speeds effortlessly. Will rot blow out! =� oma:;-: �:a It's simple: Slaw the water, Reduce the problem. It's fast and it's easy. Ins-iIlers love it! Flows are spread and slowed along the ditch channel, not gullied. Replaces strawbale and rock ditch checks. Conforms to uneven ground surfaces. -_- Water velocity reducer / Energy dissipater -- — Cost effective Low maintenance 4 - Portable drainage and filtration control Simple installation -. Ideal for disturbed sites, channels, roads and slopes 4 - ll Cro Cascade c06' 0c Distribution Ltd, -s`�'as\°'(� 15620 - 12: A Avenue Edmonton. Alberta T5V 1B5 780-454-2400 Fax: 780-451-0911 Toll Free: 800-565-6130 E-mail: casdist@planet.eon.net Web Site: www.cascade.ab.ca Strawbales aren't the answer: Slaw the Flow - Don't Dam it! Strawbale ( Current Standard ) Waterfall (Impinging Flow) Eroding Cuts Back Eddy Hydraulic pressure build up behind weir. * The higher the water speed and volume, the more erosion and danger of blowout. Impinging, (scour) flow downstream. * Back Eddy creates erosion upstream.* Waterfall effect on downstream side creates deep cuts. Double row required. Trenching and backfilling required. Non - reusable, short shelf life bales. Approx. 800 bales per semi -trailer load. Weight per bale 23 Kg ( 50 lbs.) dry, ( average ). Large storage areas required. Danger of introducing foreign plants and fungus to the area. Topsoil intermixed with base material, Ditch Strawbaies - They're pushovers EnviroBerrn`' Porous Sediment Control Structure 30% porosity (#4 US sieve) Flaw Parallel flaw No hydraulic pressure build up - no danger of blow out.* The higher the water speed and volume, the greater the velocity and energy reduction. Parallel flow downstream - no scour.* Minimum upstream erosion due to parallel flow.* Single row required, No trenching - surface mounted. Easy Installaticn with "M" Pin Tool Permanent, or temporary and reusable. 8400 sets per semi -trailer load. Panel set weights 2.2 Kg ( 5 lbs. ) including pins. Minimum storage space required. No threat of foreign material introduction. Actually reduces water velocity up to 74%, w Actually decreases kinetic energy up to 85%. * T. Blench Hydraulics Laboratory Test Results: "The highlight of this study was the finding that the heavy duty double screens are able to slow down supercriticai flows significantly and produce significant energy losses, which are even larger than those produced by the hydraulic jumps... Further, the flow downstream of these double screens was uniform and essentially parallel to the bed of the channel, whereas in the case of straw bales, the flow attacks the bed as an impinging jet which could produce serious erosion." Input = _ Gate N Rajaratnam PhD, P.Eng. Professor. Department of Civil and Environmental Engineering, University of Alberta. Edmonton. Alberta Forced Hydraulic Jump (3-figh Energy Loss ) Enviro8erm Downstream Velocity Output Nol Let it Flow LJ saw e drna Porous Sediment Control System Dealer: 1 I 1 1 1 " A FLAN VIEAI 1 1 CONTAINMENT BERM ■ 0" 5E i ION OEN LiV P_~ Ems_; DRAW NC N4'C Western Slope Aggregates, In e. POIr €rr.C[ 66u ,io cmgeor7u.E. cat.m.ao 51623 (”01 943-2296 JUIOME GAMBA & ASSCQATES. SNC. CIMLUT43 BdKER! uoe same PC ; JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEYORS 113 9TH STREET, SUITE 214 P.Q. 90% 1458 GLE WCOO SPRINGS. COLORADO 81603-¢158 P1'IONE. 119771345.2550 FAX .19761945.1410 Mr. Bill Roberts Western Slope ag re?ates. Inc. P0. Box 910 Carbondale, Colorado 3e623 Re Flood Plain Conditions. Peterson Pit. Garfield County, Colorado Dear Mr Roberts. 3 iprii 2000 The flood plain character_stics adjacent to the Colorado River at the location of the proposed Peterson Pit have been determined as a part of the COLORADO RIVER AND TR1L7..R ITS. FLOOD PLALN STUDY, GARFIELD & MESA COL -NI -ES. COLOR.;DC 1! -; the Deca.rnient of the Army. Sacramento District. Corps of F r : r, 1 vith :he Colorado Water Conservation Beard.D e. + 82. aiuiy i'! i . _`e area of the proposed Peterson Pit is within the area coverer aocwelitc�. stud? .�i copy of this m i ' .' map to 1IiC.tiuw... il";:Lwith ar -.P;i4 afy ot'tile pcocosed Peterson Pit is illustrated thereon. :all underhe classification c Area ,7f Shallow vioodini f : r.jr R „soiution i bee cruse the ? 111"_ year aloe. 1 y d depth is less than 3 feet hitter Than the ..._..stir "und level in r e.4z cases, it is !ess th'cn 1 :cot higher than the cX1_7iroi The Licr. elcpment and ur ration of the grayei minirttz dev&opment in :he Peterson ;"C can be accomplished ani; cor-mcl'. with Section ire 00 FLOOD -PLAIN Z..AT[+J'CS or the Garfield County Zonin.2 RMsolution for the following. reasons: • The development of the ,ravel pit will result in the creation of an excavation which will not result in an increase in flood levels durin rhe occurrence of the base flood discharge. but. in fact. will result in detention of flood tlowv and for the period lar time required to till the excavation. will result in the lower int2 of the rlo' d level downstream. Since there will be no berms or obstructions. :he development will not increase the flood level. • all fuels used in the development shall be stored outside of the flood zone. so that at times of tloodi at there will be no material in the flood zone which will be buoyant. flammable. explosive or otherwise potentially injurious to human. animal or plant life It is probable than in times of flooding the portable crushing, plant rnav be inundated. however. this equipment will be powered by electric motors and the uenerator which powers them will be located outside the flood zone. All equipment bearinLs are sealed so that lubricants will not leak into Western Slope Ag *regates. Inc.. Peterson Pit 11)1)-vcar ticod, characteristics. 3 .April 2000 Page :of2 floodwaters. Normal operation of the pit will require continuous pumping of the operating pit area. Operating equipment, which uses liquid fuel, such as loaders and bulldozers. will be moved outside of the flood zone during non-operating times to prevent damage in the event of a pump failure. Therefore, if flooding is imminent. or flooding occurs during non-operating times, this equipment will be out of the potential flood zone. * There will be no garbage or other solid waste materials in the pit operations area. • There will be no structures, fixed or mobile, for the purposes of human occupation. either permanent or temporary. • The development and operation of the pit will create no obstructions, which would adversely affect the efficiency of or restrict the flow capacity of the desimnated floodplain so as to cause foreseeable damage to ethers. The attached Site Plan illustrates the location of the floodplain limits as depicted on the Corps of Engineers mapping and the proposed facilities associated with the development. If you have any question. please call. Western Slope .A re2at.s. Inc.. Peterson Pit l00 -year flood. characteristics, 3 Apnl 2000 Pae 2ur2 JEROME GAMSA & ASSOCIATES. INC. CONSULTING ENGINEERS & LAND SURVEYORS JEROME GAMBA & ASSOCIATES, INC. CONSULTING ENGINEERS & LAND SURVEfORS 1939TH STRE.Er. WIT 214 PC.3CX145a GLENWGCD SPRINGS. COLORADO 81602.14S3 PHCNE t970Y 94S-2250 Fax:197O 345-1410 Mr. Bill Roberts Western Slope Aggregates, Inc. P.Q. Box 910 Carbondale, Colorado 816:3 31 May 2000 Re: Silt Pump Canal intake and pipeline adjacent to Peterson Pit. Garfield County, Colorado Dear Mr. Roberts: In response to question/comment 1) of the letter from GreggSquire dated 23 May 2000.1 submit the following.: The Silt Pump Canal intake and gravity feed pipelines to the pump station parallel the southern boundary of the Peterson Pit The intake structure is approximately 100 feet south of the pit boundary and the pipeline centerline is approximately 35 feet southerly of the boundary at its nearest point. The graavity pipeline is buried approximately 10 feet deep in order to cavity :low river water to the pump station. At the request of the Division of Wild life. the pit configuration adjacent to the southern boundary will have a 5 horizontal to 1 vertical slope. This configuration will provide a harrier of approximately 75 to 90 feet horizontal) of undisturbed valley till gravel between the avir.:- flow pipeline and the exposed pit face. The undisturbed gravel is vert• stable at a slope of 3:1. even when submerged. because the boulders and cobbles will provide a natural riprap condition along the water line to mitigate wave action. Therefore, it is my opinion that the Silt Pump Canal and gravity pipeline will be protected from damage resulting from the training activity with an adjacent pit slope of 5:1 and a barrier of a minimum of 75 feet of undisturbed river gravel. if you have any question. please call. Gam b .E.. cL.S 1.933 Wesielope Aggrr;ates. (nc.. Peterson Pit Silt Canal Inca iti and pipeline. 31 May 2000 Page 1 of 1