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HomeMy WebLinkAbout03.01 Correspondence - CDPHECq PIA00 �r1�',ifCira d : amm Go4erno{ F 4\9az GO p� 611,01— 1ay.:3, 1982 o DEPARTMENT OF HEALTH Garfield County Commissioners P. 0. Box 640 Glenwood Springs CO 81602 Gentlemen: 876 Frank A. Traylor, M.D. Executive Director At the April 8, 1982 general meeting the Colorado Air Quality Control Commission (AQCC) passed major revisions to the State's Regulation con- cerning control of fugitive particulate matter. This Regulation is to become effective May 30, 1982. Enclosed is a copy of the fugitive particulate section of this new Regulation (Reg. 1, Sec. III.D.). In past Regulations there existed a distinction between public and private unpaved roadways. The legal authority of the Air Pollution Control Division (APCD) to control dust was separated by this distinction. However, this distinction has been removed from the new Regulation. Now, all unpaved roads are subject to the same legal requirements to control excessive dust (Sec. III.D.2 a.). In -most instances this should not cause any insurmountable problems for Garfield County. The main concern of the APCD is with large new develop- ments, mostly industrial, that will increase significantly the amount of traffic on public roads. If not careful, the public entity owning or maintaining unpaved roads may find itself subsidizing industrial develop- ment by providing dust control or facing legal action by the APCD. In an attempt to forestall any such situations, it is recommended that Garfield County consider not only the road maintenance aspects but also the air pollution control aspects of allowing a project to utilize public unpaved roadways for which the County is responsible. It is not uncommon to require as a condition of operation that the project owners assume the responsibility for dust control. The owners should be answer- able to the County Commissioners to comply with the AQCC's Regulations. If action -is then taken by the APCD for excessive dust the County should have recourse against the project or projects causing the problem(s). The County should require the owners to comply with these Regulations. 125 NORTH 8TH STREET, GRAND JUNCTION, COLORADO 815Ui. PHONE (303) 245-2400 HERRINGTON & KNAUS, P.C. RICHARD A. HERRINGTON, M.D. DIPLOMATE. AMERICAN BOARD OF FAMILY PRACTICE GARY D. KNAUS, M.D. DIPLOMATE. AMERICAN BOARD OF FAMILY PRACTICE May 15, 1982 Garfield Board of County Corr issioners Garfield County Courthouse Glenwood Springs, Colo. 81601 Dear Sirs: I am writing this letter to express my opinion about the situati.l road from Westbank to Carbondale in regard to the heavy truck tra is present. on the f1 c that I had written a letter approximately 1 year ago to Flaven Cerise, d I hope that that letter is on file with you in regard to this probl- ,. I am not in a position to make an "impassioneplea, but my concerns arseveral. As I had stated in my previous letter, feel that the speeds exhib ted by the large trucks are excessive, not on on the narrow, graveled po tion, but\noe importantly an the paved por on from C.R.M.S. to the stoplight. 'There is large amount of bicycle an pedestrial traffic along that area and I am oncerned for the safety of those people. We all know of a least 3 - ' or accidents involving . that have occurred on that oad in the las year. I suspect that weed and loss of control were a s gni- ficant port . of each of these accidents. My secoid con those persons as many las 15 couples Oho use who ride their b also be mention road with their p traffic factor is ern is that of the aesthetic and safety considerations o use the back road as a recreational area. This in 20 runners that area for cycles, hors that a n rents wh e ma is the situation wit I personally know, a number of el eir daily exercise, and a number of back ride etc. along that route. It er of our younger drivers in training ' e learning to drive. Again, the speed consideration in this regard. Not to b e dust. It seemed to re that the attempts for ludes rly eople ould e that d heavy ignored ast summer of watering down the road were helpful, until approximately 10:00 .m., if it was done at all, but by the middle of the afternoon the dust s'tuation was just as ad as it would have been. Thank you for the opportunity to share my concerns. I hope thaw you will consider these problems and issues in your final decision in r-_ard to the traffic situation on the road in question. Thank you. Sincerely, Gary D. aus, M.D. GDK:sb 366 STATE HWY. 133 TRE -COUNTY MEDICAL CENTER CARBONDALE. COLORADO 91623 TELEPHONE 303/963.3350 Garfield County Commissioners May 3, 1982 Page 2 Further, it should be noted that the requirement to control dust is not limited to new roads or new activities. It is recommended that the County reevaluate some of their existing roadways to determine if problems may ' exist. One example of an existing situation within Garfield County with the possibility of creating a confrontation between the County and the APCD is County Road 109 south of Carbondale. This road presently serves the Siever's Ranch and Development Project which has the potential to cause action to be taken by the APCD due to the amount of heavy trucks utilizing this unpaved County road to haul not only sand and gravel but also asphalt and concrete from the subcontractors' operations at the project site. Other roads in the vicinity of both Rifle and Parachute should also be evaluated for potential dust problems due to the same sort of growth in existing projects. If I can answer any questions, please call me. Sincerely, Scott J. Miller Air Pollution Control Division Sart/zp cc: Denver Office Garfield County Planning Dept Enclosure 1 J. , b � " 1. General ,ecuir ements a. Existing Sources (i) Every owner or operator of a source or activity which is subject to this Section III.D. shall employ such control measures and operating procedures as are necessary to minimize fugitive • particulate emissions into the atmosphere through the use of all available practical methods which are technologically feasible and economically reasonable and which r educe, pr event and control. emissions so as to facilitate the achievement of the maximum practical degree of air purity in every portion of the State. (ii) In determining what control methods are available, practical, economically reasonable and technologically fe.asible, the following factor s shall be considered: effects on the health, welfare (as defined in Section I.G. of the Common Provisions regulation), convenience, and comfort of the inhabitants of the State of Colorado; effects on :.he enjoyment and use of the scenic and natural resources of the State; the impact on normal operating procedures; altitude, topography, climate, and anticipated meteorological conditions (including wind and precipitation); soil conditions; the degree to which a type of emission to be controlled is significant; the continuous, intermittent, or seasonal nature of the emission, the economic, environmental, and energy impacts and other costs of compliance; the proximity of the source or activity to populated areas; and the nature, scope and duration of the source or activity. (iii) This Section III.D.1.a. shall be enforceable only through the procedures specified below in Sections III.D.i.b. through III.D.1.e. b. New Sources Every owner or operator of a new source or activity which is subject to this Section IIID. and which is required to obtain an emission permit under Regulation No. 3 shall submit a fugitive particulate emission control plan meeting the requirements of this Section III. 3D . at such time as, and as part of, the required permit application. Such plan shall be approved or disapproved by the Division in the course of acting to approve or disapvrove the permit application and no emission permit shall be issued until a fugitive particulate emission control plan has been approved. c. Trill salon Limitation Guidelines If the Division determines that a source or activity which is subject to this Section IIID. (whether new OT existing) is operating with emissions in excess of 201 opacity and such source is subject to the 20Z opacity emission limitation guideline; or if it determines that the source or activity is operating with visible emissions that are being transported off the property on which the source is located and such source is subject to the no off property transport emission limitation guideline, or if the Division receives a complaint that a source or activity subject to the nuisance emission limitation guideline is operating with emissions that create a nuisance; it shall inspect such source or activity in order to determine if the source or activity is operating in accordance with the requirements of this Section III.D.1.a(i) (as used herein, "nuisance" shall mean the emission of fugitive particulates which constitutes a private or public nuisance as defined in common law, the essence of which is that such emissions are unreasonably interfering with another per son' s use and enjoyment of his property. Such interference must be "substantial" in its nature as measured by a standard that it would be of definite offensiveness, inconvenience, or normal per son in the community) . [Cross Reference: Appendices A and B] d. Control Plans (1) If the Division determines that a source or annoyance to a activity (whether new or existing) exceeds applicable emission limitation guidelines is not being operated in accordance with requirements of this Section III.D.1.a(i), any and the tne Division shall require the owner or operator of tnat source or activity to submit a written plan to the Division for the control of fugitive particulate emissions within the time period specified by the Division. In the case of a source or activity which nas a control plan, the Division shall review said control plan and if it determines the plan does not meet the requirements of this Section III.D.1.a(i), it shall require tne submission of a revised control plan. (ii) With respect to operations or activities which have more than one source of fugitive particulate emissions, submission of control. plans or plan revisions pursuant to Section III. D• 1- d(i) shall be required only with respect to those individual sources for which there does not exist a currently approvable control plan and which are not being operated in accordance with the requirements of this Section III.D.1.d(i), provided, however , that control plans required by Section III.D.1.b. for new sources and activities shall contain provisions for control of fugitive particulate emissions from all significant sources of such emissions. (iii) Sources required to submit conrrol plans for revisions to the Division snail do so within sixty (60) days of the date such plan or revision is requested; provided, however, that the Division, in its discretion, may where appropriate establish a different time period for submittal, taking into consideration such factors as the duration of the operation of the source or activity, the significance and nature of the emissions, and the relative. complexity of the operation and applicable control methods. (iv) Each control plan shall include all available pr actical methods which .are technologically feasibl-e and economically reasonable and which reduce, prevent and control fugitive particulate emissions from the source or activity into the atmosphere. For rho se materials, equipment., services or other resources (such as water for abatement and control purposes) which are likely to be scarce at any given time, an alternative control method must be included in the control plan. Any source required to submit a control plan may ask for a "control plan conference" with the Division, and if so requested the Division shall hold such a conference for the purpose of advising what types of control measures and/or operating procedures will meet the requirements of this section. [Cross Reference: Sections III.D.2.a. through III.D.2.k. e. (v) The Division shall appy ove any plan under this Section III.D., unless the determines that the plan does not submitted Division meet the requirements of Section III .D.1.a(i). If a control plan is not approvable in its entirety, the Division shall approve those portions which meet the requirements of this section and disapprove those portions which fail to meet the requirements of this section. Enfor cement (i) It shall be a violation of this regulation and the Division may take enforcement action pursuant to C.R.S. 1973, 25-7-115, as amended, if the owner or operator (A) Fails to submit a control plan (or revision of an existing plan) within sixty (60) days (or otner Lime period specified by the Division) after being notified by the Division tnat such submittal is required unless operation such source is discontinued permanently eliminate the cause of so as to of fugitive particulate emissions therefrom; or (B) Owns or operates a source or activity for which the Division has disapproved a control plan or a revised control plan (C) unless operation discontinued so of as such to eliminate the cause of source is permanently fugitive particulate emissions therefrom; or Fails to comply with the provisions of an approved control plan. (ii) the 20% opacity, no off -property transport, and nuisance emission limitation guidelines of this Section III.D. are not enforceable standards and no person shall be cited for violation thereof pursuant to C.R.S. 1973, 25-7-115 as amended. 2. Sources Subject to Section III. D. The control measures and operating procedures listed in Sections III.D.2.a. through III.D.2.k. are generally considered appropriate for the specific types of sources under which they are listed - at least as applied individually. Wnether they remain appropriate when used in combination. with other measures and procedures, must be determined on a case by case basis. a. Roadways (i) Unpaved (A) Applicability — Attainment and Nonattainment Areas (B). General Requirement Any owner or operator responsible for construction or maintenance of any (existing or new) unpaved roadway which has vehicle traffic exceeding 200 vehicles per day in attainment areas or 150 vehicles per day in nonattainment areas (averaged over any consecutive 3—day period) from which fugitive particulate emissions will be emitted shall be required to use all available, practical methods which are technologically feasible and economically reasonable in order to minimize emissions resulting from the use of such roadway in accordance with the requirements of Section III.D.1.a(i) of this regulation. (C) Applicable Emission Limitation Guideline The nuisance emission limitation guideline shall apply to unpaved roadways. Abatement and control plans submitted for unpaved roadways shall be evaluated for compliance with the requirements of Section III.D.1.a.(i) of this regulation. (D) Control Measures and Operating Procedures Control measures or operations procedures to be employed may include but are not necessarily limited to, watering, chemical stabilization, road carpeting, paving, suggested speed restrictions and other methods or techniques approved by the Division. (E) If the Division receives a complaint that any new or existing unpaved roadway is creating a nuisance, it may require persons owning or operating or maintaining such roadways to supply vehicle traffic count information by any reasonable available means for the purpose of determining if they nave sufficient traffic to subject them to the requirements of this Section III. D. (ii) Paved (A) Applicability — Attainment Nonattainment Areas (B) General Requirement and Any per son who through operations or activities repeatedly deposits materials which may create fugitive particulate emissions on a public or private paved roadway is required to submit a control and abatement plan upon request by the Division which provides for the removal of such deposits and appropriate measures to prevent future deposits such that fugitive particulate emissions which may result are minitu.zed; except tnat sand, salt or other materials may be dropped on snow or ice covered roadways for tne purpose of safety and such deposits small not be required to be removed on a more frequent basis than the community`s normal street cleaning schedule except as otherwise provided in an applicable SIP pr ovision. (C) Applicable Fri ssion Limitation Guideline The nuisance emission limitation guideline shall apply to paved roadways. Abateznent and control plans submitted for paved roadways shall be evaluated for compliance with the requirements of section III.D.1.a(i) of this regulation. (D) Control Measures and Operating Procedures Control measures or operational procedures to be employed may include but are not necessarily limited to, covering the loaded haul truck, washing or otherwise treating the exterior of the vehicle, limiting the size of tne load and the vehicle speed, watering or treating the load with chemical suppressants, .keeping the roadway access point free of materials that may be carried onto the roadway, removal of materials from the roadway and otner methods or techniques appioved by the Division. [Cross Reference: Subsection f. of Section III.D.2. of this regulation.] b. Construction Activities (i) Applicability - Attainment and Nonattainment Areas (ii) General Requirement Any owner or operator engaged in clearing or leveling of land or owner or operator of land that has been cleared of greater than five (5) acres in attainment areas or one (1) acre in nonattainment areas from which fugitive particulate emissions will be emitted shall be required to use all available and practical methods which are technologically feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section III.D.I.a(i) of this regulation. (iii) Applicable Emission Limitation Guideline Both the 20% opacity and the no off -property transport emission limitation guidelines shall apply to construction activities; except that with respect to sources or activities associated with construction for which there are separate requirements set forth in this regulation, the emission limitation guidelines there specified as applicable to such sources and activities shall apply. Abatement and control plans submitted for construction activities shall be evaluated for compliance with the requirements of Section III.D.1.a. (i) of this regulation. [Cross Reference: Subsections e. and f. of Section III.D.2. of this regulation.] (iv) Control Measures and Operating Procedures Control measures or operational procedures to be employed may include, but are not necessarily limited to, planting vegetation cover, providing synthetic cover, watering, chemical stabilization, furrows, compacting, minimizing disturbed area in the winter, wind breaks and other methods or techniques approved by the Division. c. Storage and Handling of Materials (i) Applicability - Attainment and Nonattainment Areas (ii) General Requirement Any owner or operator or any new or existing materials storage and handling operation from which fugitive particulate emissions will be emitted shall be required to use all available practical methods which are technologically feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section III.D.1.a(i) of this regulation. (iii) Applicable Emission Limitation Guideline Both the 20% opacity and the no off -property transport emission limitation guidelines shall apply to Abatement storage and and control storage and handling evaluated for compliance Handling operations. plans submitted for operations shall be with the requirements of Section III.D.1.a(i) of this regulation. (iv) Control Measures And Operating Procedures Control measures or operational procedures to be employed may include, but are not necessarily limited to, the use of enclosures, covers, stabilization, compacting, watering, limitation of fines and other methods or techniques approved by the Division. d. Mining Activities (i) Applicability - Attainment and Nonattainment Areas (ii) General Requirements Any owner or operator of any new or existing mining operation from which fugitive particulate emissions will be emitted shall be required to use all available practical methods which are technologically feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section III.D.1.a(i) of this regulation. (iii) Applicable Emission Limitation Guideline Both the 20% opacity and the no off—property transport emission limitation guidelines shall apply to mining _activities' except that with respect to sources or activities associated with mining for which there are separate requirements set forth in this emission limitation guidelines as applicable to such sources shall apply. Abatement and regulation, the, there specified and activities control plans submitted for mining activities shall be evaluated for compliance with the requirements of Section III.D.1.a(i) of this regulation. • (iv) Control Measures and Operating Procedures Control measures or operating procedures to be employed may include, but are not necessarily limited to: (A) watering or chemical stabilization of unpaved roads as often as minimize r eincr ai nment particulate matter from the or paving of roads; necessary to of fugitive road surface, (B) prompt removal of coal, rock minerals, soil, and other dust—forming debris from paved . roads and scraping and compaction of unpaved roads to stabilize the road surface as often as necessary to minimize reintrainment of fugitive particulate matter from the road surface; restricting the speed of vehicles in and around the mining operation; revegetating, mulching, stabilizing the adjoining roads or surface of that are a fugitive particulate emissions; (E) to the extent practicable vehicular travel vehicles to roads; otherwise all areas source of restricting established (F) enclosing, covering, watering, or otherwise -treating loaded haul trucks and railroad cars, or limiting size of load, to minimize loss of material to :rind and spillage; (G) substitution of conveyor systems for haul trucks; (H) minimizing the area of disturbed land; (I) prompt' revegetation of disturbed surface areas; (J) planting of special wind break vegetation at critical points; (K) restricting the areas to be blasted at any one time; (L) reducing the period of time between initially disturbing the soil and revegetating or other surface stabilization; (M) e. Haul Roads control of fugitive particulate emissions from storage piles through use of enclosures, covers, or stabilization, minimizing the slope of the upwind face of the pile, confining as much pile activity as possible to the downwind side of the pile and other methods or techniques as approved by the Division. [Doss Reference: Subsections a., b., c., e., f., g., and i. of Section III.D.2. of this regulation.) (i) Applicability - Attainment and Nonattainment Areas (ii) General Requirement Any owner or operator of any new or existing haul road which has vehicle traffic exceeding 40 haul vehicles or 200 total vehicles per day (averaged over any consecutive 3 -day period) from which fugitive particulate emissions will be emitted shall be required to • use all available practical methods which are technologically feasible and economically, reasonable in order to minimize such emissions in accordance with the requirements of Section III.D.l.a(i) of this regulation. (iii) Applicable Emission Limitation Guideline iv ) e no off --property transport emission limitation guideline shall apply to on-site haul roads (i.e., those located on and abutted by the property o'6.-ned or under control of the owner or operator of the haul road) and the nuisance guideline shall apply to off-site Haul roads (i.e., those abutted on both sides by property not owned or under the control of the owner or operator of the haul road). Abatement and control plans submitted for haul roads shall be evaluated for compliance with the requirements of Section III.D.'.a(i) of this r egulation. Control Measures and Operating Procedures Control measures and operational procedures to be employed may include, but are not necessarily limited to, the use of vehicular speed reduction, watering, chemical stabilization, road carpeting and other methods of techniques approved by the Division. (v) The Division may require persons owning or operating or maintaining any new or existing haul roads to supply vehicle traffic count information by any reasonable available means for the purpose of determining if they have sufficient ti affic to subject them to the requirements of this Section IIID. f. Haul 7Yucks (i) Applicability -- Attainment and Nonattainment Ar eas (ii) General Requirement Any owner or operator of any new or existing haul trucks from which fugitive particulate emissions will be emitted shall be required to use all available practical methods which are technologically feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section III.D.l.a(i) of this regulation. (iii) Applicable Emission Limitation Guideline Tne no off -property transport emission limitation guideline shall apply to haul trucks; except that :men operating off the property of the owner or operator, the applicable guideline shall be no off --vehicle transport of visible emissions. Abatement and contxol plans submitted for " haul trucks shall be evaluated for compliance with the requirements of Section III.D.1.a of this regulation. (iv) Control Measures and Operating Procedures Control measures or operation procedures to be employed may include but are not necessarily limited to, covering the materials, washing or otherwise treating loaded haul trucks to remove materials from the exterior of the vehicle prior to transporting materials, limiting load size, wetting the load and other methods or techniques approved by the Division. [Cross Reference: 42-4--1208] Tailings Piles and Ponds (1) C.R.S. 1973, Section Applicability - Attainment and Nonattainment Ar eas (ii) General Requirement Any owner or operator of any new or existing tailings piles and ponds from which fugitive particulate emissions will be emitted shall be required to use all available practical methods which are technologically feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section III.D.1.a(i) of this r egulation. (iii) Applicable Phission Limitation Guideline Both the 20% opacity and the no off -property transport emission limitation guidelines snail apply to tailings piles and ponds. Abatement and control plans submitted for tailings piles and ponds shall be evaluated for compliance frith the requirements of Section III. D.1.a(i) of this regulation. (iv) Control Measures and Operating Procedures Control measures or operational procedures to be employed may include, but are not necessarily limited to: (A) watering and/or chemical stabilization, (B) synthetic and/or revegetative covers, (C) wind breaks, (D) minimizing the area of disturbed tailings, (E) restricting the speed of venicles in and around the tailings operation, and/or, (F) other equivalent methods or techniques approved by the Division. h. Demolition Activities (i) Applicability - Nonattainment Areas (ii) General Requirements Any owner or operator of any new demolition activities from which fugitive particulate emissions will be emitted shall be required to use all available practical methods which are technologically. feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section III.D.1.a(i) of this regulation. (iii) Applicable Emission Limitation Guideline Only the no off -property transport emission limitation guideline shall apply to demolition activities. Abatement and control plans submitted for demolition activities shall be evaluated for compliance with the requirements of Section III.D.1.a(i) of this regulation. (iv) Control Measures and Operating Procedures Control measures or operational procedures to be employed may include, but are not limited to: (A) wetting down, including pre ---watering of work surface, (B) removal of dirt and mud deposited on improved streets and roads, (C) wetting down, washing, or covering haulage equipment when necessary to minimize fugitive dust emissions during loading and transit. —23— Any demolition or renovate , activity that has materials insulated or fireproofed with triable asbestos will also be subject to the provisions of the Air Quality Control Commission's Regulation No. 8, Section II.B.4. i, Blasting Activities J• (i) Applicability - Attainment and Nonattainment Areas (ii) General Requirement Any owner or operator of any new or existing blasting activities from hick fugitive particulate emissions will be omitted shall be required to use all available practical methods which are technically feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section III.D.1. of this regulation. (iii) Applicable Emission Limitation Guideline Only the no off -property transport emission 'limitation guideline shall apply to blasting activities_ Abatement and control plans submitted for blasting activities shall be evaluated for compliance with the requirements of Section III.D.1.a(i) of this regulation. (iv) Control Measures and Operating Procedures Control measures or operational procedures to be employed may include, but are not limited to, the use of: (A) the removal of overburden prior to blasting, (B) watering down the blasted area as soon as practicable after blasting, (C) other equivalent methods or techniques approved by the Division. Sandblasting Operations (1) Applicability - Attainment and Nonattaiment Areas (ii) General Requirement -24-- Any owner or operator of any new or existing sandblasting activities from which fugitive particulate emissions will be emitted shall be required to use all available practical methods which are, technologically feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section III.D.1.a(i) of this regulation. (iii) Applicable Emission Limitation Guideline Only the 20% opacity emission limitation guideline shall apply to sandblasting operations. Abatement and control plans submitted for sandblasting operations shall be evaluated for compliance with the requirements of Section III.D.1.a(i) of this regulation. (iv) Control Measures and Operating Procedures Control measures and operating procedures to be employed may include, but are not limited to,the use of enclosures with necessary dust collecting equipment, using wet sandblasting methods, and other methods or techniques approved by the Division. k. Livestock Confinement Operations (i) 'Applicability — Attainment and Nonattainment Areas (ii) General Requirement Any owner or operator of any new or existing livestock confinement operations from which. fugitive particulate emissions will be emitted shall be required to use all available practical methods which are technologically feasible and economically reasonable in order to minimize such emissions in accordance with the requirements of Section III.D.1.a(i) of this regulation. (iii) Applicable Emission Limitation Guideline Only the no off—property transport guideline shall apply to livestock confinement operations. Abatement and control plans submitted for livestock confinement operations shall be evaluated for compliance with the requirements of Section III.D.1.a(i) of this regulation. (iv) Control Measures and Operating Procedures Control measures or operating procedures to be employed may include', but are not limited to tbe use of sprinkler systems and/or other equivalent methods or techniques as -approved by the Division. IV. CONTINUOUS EMISSION MONITORING REQUIREMENTS FOR EXISTING SOURCES A. Sources which axe required to install, calibrate, certify and maintain continuous emission monitoring systems for opacity, and/or SO2 (listed in Sections B, C, and D, of this Section IV) shall have such equipment installed in a location which in accord with sound engineering practice will provide for accurate opacity and/or SO2 emission readings and approved by the Division within eighteen (18) months of the effective date of this regulation (i.e., no later than November 30, 1983). B. Fossil Fuel—fired Steam Generators 1. A continuous emission monitoring system for the measurement of opacity shall be installed, calibrated, maintained and operated by the owner or operator of any steam generator of a total rated capacity of or greater than 250 million BTU per hour heat input except where: a. gaseous fuel is the only fuel burned or, b. oil or a mixture of gas and oil are the only fuels. burned and the source is able to comply with the applicable particulate matter and opacity regulation without utilization of particulate matter collection equipment, c. where the source demonstrates that a continuous monitoring system would not provide accurate determinations of the opacity of emissions (e.g., condensed, uncombined water vapor in the emissions would prevent accurate readings) and an alternative method of determining opacity is approved by the Division is employed. 2. Either a continuous emission monitoring system for the measurement of sulfur dioxide shall be installed, calibrated, maintained and operated or a Division approved sampling plan shall be developed and implemented for determining the amount of sulfur in the fuel in order to calculate sulfur oxide emissions on any fossil fuel fired steam generator of a total rated capacity of or greater than 250 trillion BTU per hour heat input. 0 4 198 EVI ��.Y ? 4 a., May 2, 1982 Mr. Dennis Stranger, Planning Director Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Mr. Stranger The purpose of this letter is to bring to your attention a serious traffic problem which is intensifying as a result of industrial use of County Road 109 which emties on to west Main Street in Carbondale. The Carbondale City. Council would like you to be aware that we join with residents along this stretch of county road in urging you to consider some long term solution to dust and safety problems which are continually intensifying as a result of industrial activity. As you are aware, the only north access from the Fox Gravel Pit and coal loading heavy truck traffic to the north side of the Roaring Fork River is through Carbondale by use of the Highway 133 bridge. This is due to the limited load carrying capacity of the Westbank bridge. We would appreciate your consideration of interim safety and dust abatement improvements and long term consideration of some other access from Highway 82 to this area. We will be happy to discuss with you further our concerns and participation in whatever way we are able towards achieving a solution. 76 So. 2nd warboadala, Colorado 81Clw 303.963.2733 Mr. Dennis Stranger May 2, 1982 Page Two Thank you very much for your consideration. RAF/jj XC: Sincerely yours, 1 , C./( 7 Richard A. Flewelling City Manager Garfield County Commissioners Mr. Stan Broom, Garfield County Manager Colorado Rocky Mountain School Mr. & Mrs.J.E. DeVilbiss Mr. & Mrs.Jack Snobble Mr. & Mrs.Robert Oxenberg /04,at Ate) eLb,11 1 14 et41u2 1L( (14.1_,L,LAr ezi_ttfik 164Ank) (e) --v\-eo,LO -1/iLta-4L-et04 el\l/U4-1) m (c .. P-1(4) 7,114) )(0 vn A G,./Ld db /24) Ko t6 Sievers Ranu}and Development Corp. first applied for a special use permit to operate a gravel pit in 1977. The original property to be mined was 8+ acres. "The purpose of the application is to extract and process sand and gravel and quarry aggregate for the sole purpose of obtaining said materials for highway, road, or similar -type construction pursuant to a subsequent negotiated com- tract with the county and construction and maintenance road require- ments imposed on others to repair or improve county roads."(P. 1, Feb,,'77 Application for Spec. Use Permit) Under "Streets" in this application, they wrote:" " The Ranch and general area is presently serviced by an exist- ing county -maintained road, delineated in green on exhibit "B", known as County Road 108.Such road is now only sporadically used as a result of a nearby State Highway running parallel to County Road 108 and only two residential properties, other than the Ranch, using said Road. Access to such County Road is in place, and will be over an adequate existing bridge South of the Ranch. No improve- ments to County Road 108 is forseeable as a result of only an expect- ed 20 trips per day from the excercise of such permit. " Throughout this application, they refer to 108 Road, rather than the correct 109 Road. Although at the time of issuance of their Special Use Permit, they correct this, it is possible that at the time this could have given the Commissioners a false impress- ion. 108 Road is adequately wide and paved, while 109 Road is narrow, dangerous, inadequate, and tat that time) dirt. They also stated in their application that the road was little used " as a result of a nearby state highway running parallel". This gives the impression that the 108(109) Road was the main thoroughfare until Highway 82 came along. This may have been true very early in the century. However, the Westbank development was at the end of the road and the road was mainly used, and still is, as the back road 2 to Carbondale. As to the "only two residential properties", there were, even in 1977, considerably more than that. Starting at the South end of 109 Road, there were the Wilsons, who have two houses on their property, the Snobbles,(with all their children), what is now the DeVilbiss property, the Coryell Ranch, the Readings(which is now the Oxcnber. g property) , the Holmes Ranch, Jim Rose, two small properties on the West side of the North end of 109 Road, and, of course, all of Westbank. The 1977 Sievers application also failed to lay out the whole route that their trucks would have to take to reach Highway 82. On the map that was attached to their original application, only 109 Road is marked in ink. The whole route is really 109 Road, 108 Road, Highway 133 to Highway 82, a distance of 62 miles. The "practical description", however, that was published in the public notices, as well as in the public hearings, located the Ranch property as " 2 miles South of the Hardwick Bridge", which is under a mile from Highwy 82. Nowhere in their application was the whole route mentioned, nor the fact that 108 Road passed by Colorado Rocky Mountain School and was used by hundreds of teenagers and faculty members and their child- ren. Nor was Crystal Village mentioned at the end of 108 road. Nor was Highway 133 mentioned, which is commercial/residential. An indus trial use was incompatible with the surrounding uses , not of the adjacent land, but of the route. Sievers also failed to mention that 109 Road does not access directly to Highway 82. At the Commissioners meeting on March 28th, 1977, Leonard Liss the attorney for the Sievers said : that loaded gravel trucks would use the county road on the west side of the river to Carbondale, rather than use the Hardwick Bridge, which only has a load limit of 17 tons. (minutes of meeting) It would appear that their original intention was to use the Hardwick Bridge to bring in the empty trucks and to have the loaded ones use 109 Road. Sievers R & D also states: No improvement to County Road 108(109) is forseeable as a result of only an expected 20 trips per day.(Applic., Special Use Requirements,"Streets") Under "Design", they write: As a result of the relative remoteness of the site from any residential area, no impact on adjacent or nearby land area will occur. As a result of neglecting to mention that their true route was 109 Road, 108 Road,Highway 133, to Highway 82, they are able to make this statement. Actually, as I have a1r:,ady pointed out, it is not true. The meeting was adjourned until April 4th, 1977. At that meet- ing, Neil Mincer... "voiced concerns about dust control, and the noise generat- ed by a gravel operation. He said that the county road to be used is quite dusty already and with 20 or so loads of gravel being hauled over the road every day, it could really present a problem...He asked who was to enforce regulation, the County or individuals. Mr. Velasquez said it was up to the County...Mr. Cerise felt that there should be a stipulation that the opacity from fugitive dust not exceed 20%...Carried unanimously."(Public Hearing,April 4•,77,min-- utes) In July, 1977 a text change amendment was granted in response to a request by the Sievers R & D for a zone change to permit the addition of a concrete batch plant. Planner, Bob Witkowski, stated "that a batch plant is a natural extension of a gravel pit and that if one is allowed, so should the othe.r...He recommended that the word "concrete be deleted so that asphalt batching could also be included."(mintues of Comm. Meeting, July 11, 1977. It was at this time that the correction was made to change 108 Road to 109 Road. In the fall of 1979, The Sievers R & D applied to expand their original 8 acre pit into a 122 acre pit, and asked permission to allow extraction of"more than 70,000 tons in any one year."(Applic. for Extended Gravel Operation, 1979) The impact statement makes no mention of their haul route, or traffic to be generated, and their practical description is still respresenting their location with respect to the short Hardwick Bridge route to Hgihway 82. The turnoff to the property is 2.8 miles South of the Hard - Wick Bridge. In march of 1980, a Resolution was passed for a gravel operation that now encompassed 122 acres and included the operation of a concret batch plant. The gravel permit was for 99 years, but I cannot find any mention of this either in their application, the impact statement or the Special Use Permit. The 99 year span is only mentioned in the Mined Land Reclamation Plan. At the March 24th Public Hearing for the Concrete batch plant, Dick Martin of Carbondale... "did, however, express concern over the dust created from trucks. After some discussion, Mr. Cercise agreed that it was the County's responsibility to see that the road was oiled. Mr. Velasquez moved to close the public hear- ing and dealy the discussion until the Comm. Meeting on the 3lst of March...Carried Unanimously. The oiling of the road, and the maintenance of it and its dust problem was never brought up again. On march 31st, Resolution 80-47 was passed. The determinations of fact, which were constructed from the application and testimony at the public hearings, are not true, due to the lack of accurate input. Determinations of Fact: 2. That neither the impact on traffic volume and safety or on utilities, or any other impact of the special use will be injurious to the established neighborhood or zone dis- trict in which the special use is proposed to be located. 1. The proposed use is compatible with the uses existing and permitted in the district in which it is to located, pro- vided that certain herinafter conditions be complied with: 1. That the use of the tract of land comply with all present and future regulations of Garfield County relating to all uses...in the zone district in which the property is now or may later be located. 2. That no more than 20% opacity of fugitive dust be created at the plant and on County Road 109. Special Condition number 1 would seem to preclude "grandfather- ing" since the pit must be current with all regulations and zoning, as well as Health, Road, etc. The second has been consistently violated, and is the most accessible "handle" to open the Sievers Special Use Permit for Review. The following are the zoning regulations that are applicable to Sievers special use permits and with which they are out of compliance. 1) As a precedent, the Commissionsers wrote regarding Smoss Coal's special use application " that the impact of the proposed facility opon traffic volume and safety, vis Sec. 5.03.11 and 5.03.12(1) would require denial unless the applicant improves and maintains the road..." From Amended Zoning Regs of 1978- In effect at time of Permit issuance 2) 5,03,12 states: All conditional and special uses must be provided with access routes if adequate design to accomodate traffic volume generated by the proposed use and to provide safe, convenient access for the use constructed in conjunction to the proposed use. The minimum design standards shall be the Garco. Road Specs. 3) 5.03.11- Denial of S2eci.al Use Permit ; The Comms, may deny any request for special use based ori the lack of physical separation in terms of distance from similar uses on the same or other lots, the impact on traffic volume and safe, or on utilities or any impact of the special use which it deems injurious to the established character of the neighborhood or zone district in which such speciaol use is proposed to be located. 4) 12.00 Any violation of zoning relulations, the County Comms,, and district attorney, or any owner of real estate, within the district where such real estate is situatioed may institute an injunction mandamus, abatement, or other appropriate action or proceding to prevent, enjoin, abaete, or remove such unlawful...mainteneance or use. 5) 9.03.05 Periodic Review Any SUP may be made subject to a periodic review not less than every 6 months. 5.03 Conditional and Special uses...shall conform to all regulations listed thereunder and elsewhere in these regulations plus the following: 5.03.(2) Street improvements adequate to accomodate traffic volume generated by the proposed use and to provide safe convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed 1 ; . 5.03.07(2) Truck and auto traffic to and from such uses shall not create hazards or nuisance to areas elsewhere in the County. 5.03.08 Industrial Performance Standards Opera±i:onsshall be conducted in such a manner as to minimize...dust 5.03.09 Uses Not Itemized; (1) appropriateness (2) more hazard (offensive noise and dust (4) compatibility On March 30, 1981 a public hearing was held regarding a spu appli.c. to allow an asphalt batch plant, described in the minutes as "2 miles South of Hardwick Bridge about mile east of Co. Rd. 109. An impact statement was called for, and one dated April 8th, 1981 was presented. fn the Impact Statement, it says, "The following information addresses the Garfield Col Zoning resolution, Section 5.03.07 Industrial Ues. 5.03.07(2) "Traffic from the proposed asphalt plant is expected to add approximately 30 round trips per working day to County Rad 109. Thi -01 -,estimate is for 1-1-e peak season and will varry with demand, weather, and season. It is no expected that this traffic m County Road 109 will create a hazard or nuisance to areas -elsewhere in the County. The 1980 impact statement does not address traffic or access roads at all, and this 1981 statement addresses only additional traffic generated by the asphalt plant, with no mention of the total number of trips that the whole operation is going to generate. There is also no update and the condition or appropriateness of 109 road, nor of the fact that by 1980/81, Carbondale has grown so that the center of Carbondale has become the 108 traffic light where the trucks turn onto Hiway 133, nor that 109 road has become a fairly heavily used road as the short cut from Westbank to C'dale. I did a spot check over a week in August, and came up with these approximate figures for the usage of 109 road by type of vehivcle" 6 am to 6 pm 92 trucks 4.8 pickups or small trucks 116 cars 256 vehicles per day If you include another 10 trucks that go during the night and about another 30 cars you get almost 300 vehicles per day. If you count 1 large truck as 3 cars, that makes the heavy truck traffic the equivalent of 276 cars per day. The vehicle count on 109 road per day would then be around 440 vehicles per day. That is a far cry from their representaion of the road in 1977, which even then was incorrect. Leonard Bowlby did a road count using the counter that cannot distinguish the type of_vehicles. He laid the counter down for the Friday and Saturday of iii-6A5,4o4talkolawaligy weekend, when the traffic of every type was extremely reduced. Even under those conditons, he got a count in September of 260 vehicles in 48 hours. One of the Statements of Fact in their 1981 Resolution 81-165 incorrectly states: 3. That the proposed use is compatible with the uses existing and permitted in the district...and the proposed use will not have a significant adverse impact upon other existing uses, providing that certain herinafter contained conditions are complied with. 4. That a substantial amount of traffic will be generated by the proposed industrial operation...much of which will require access to and from the North acorss Garfield Co. Road 109...which road will be under increased pressure for improvement as a result of the proposed industrial operation. 5. That the traffic impact of the proposed industrial operation will have approx. the same impact as fiVe residential units and that the impact upon Co. Rd. 109, requiring mitigation will be satisfied by payment of $.1,000 which will be used at a fuuture time and applied toward the improvemnt of log in a manner alleviating the pressures caused by the proposed industrial use. The Road budget for 109 Road is approx. $4,500.00 dollars per year and other than paving, no improvements are practical. All the traffic generated by the operation will be using 109 road, since the Hardwick Bridge cannot be used. Since there are almost no employees, the Hardwick Bridge use is negligible. However, since the cost of paving 109 road or rebuilding the bridge both have been estimated by the Comms to come to around 3/4 million dollars, the $1000 cannot even begin to mitigate the dust and noise and danger. The Sievers R&D constargy misrepresent the approriateness and adequacy of 109 Rd. when, in fact, they dare to bring it up at all. It is also quite suprising to hear 60 12 -and -14 --wheelers a day compared to 5 residential units. Keeping in mind the actual figure of 92 trucks in the 12 hour period of 6 am to 6 pm, and neglecting the fact that trucks also run all night, in a letter dated January 11th, 1982, John Kemp responds to an inquiry from Earl Rhodes with these figures: " Please note that the estimate for asphalt operations is 30 round trips per day and that the esti a for the unlimited gravel permit, based on the limited graveI per'mit"�"""w t` EE was specifica y exc 1. -d- —Condition 3 of the sorrtian80-47oof 3/31/80)41 hat the special use permit issued pursuant to the winthin resolution shall supercede that special { use permit numbered 136 dated the loth and llth day of July, 1977! i 6 round trips pgr-_._d y_. This a total from those two operations of 46.5 round—Trips per day"( This is of course93 trips -pe± day without cou~-n ng in the -E0 ---O-1- so trips for the concrete operations. They forgot to mention there were three operations and not two!) The letter contines: "Further, we have been unable to find any documents by which we estimated , or provided data for, the cement batch plant permit.(They neglected to give any in their impact statement) Logically, the cement batch plant permit would generate more round trips per day AND THIS WOULD BE OBVIOUS TO THE COUNTY."(!!!) The letter continues:"Therefore, it appears that by way of all three proceedingson the three special -use permits, the County would have had some knowledge that there would be round trips per day considerabl in excess of 46.5 based on estimates or data which we provided an based on the County's own knowledge that a cement batch poant would generate additional trips per day."(!!1J At the Gravel Pit public, hearing on March 17th, 1982, it was argued by a member of the gravel profession that it would not do the Comms. or the Planning Commission any good to have a range of figures for pit operations because they can vary so much! Kemp's letter continues, contradicting what he just said:"Next, I am providing you with a letter dated January 8th, 1982, from the sub -leasee of Sievers R&D Co., Fox Aggregates, Inc. which gives actual round trip totals for the past six months, including all t#pes of vehicles. As you can see this letter shows conclusively that Tram all operations, the average rotrips sh un - per ay was . X111 _ Altrwtx Last summer, I called the Fax pit and asked them if they kept a log of trucks in and out and was told they did not. Suddenly, however, we get indusputable figures from June to Dlmmistigimmt4a December of 1981 that somehow did not exist in August of 1981 when I called. The 18 round trips a day, or 36 trips is a total misrepresentation. On December 15th, 1981 Kemp wrote to Earl Rhodes about the accuracy of their figures. I would like to take issue with your use of the word "representation" in reference to certain figures alleged to have been provided to the County by my client in regard to truck traffic on Road 109. It is our contention that during previous hearings on the asphalt permit, the concrete batch plant permit, and the gravel prmit that the County asked us to give estimates of what we felt the truck traffic would be if the particular facility was installed, andwe did our best to honestly provide the County with figures which were within our contemplation a -t -that time. (This is another reason that having a profile of the range of gravel pit operation would give the Commi ftei the P&Z some guidlines from which to judge the accuracy of the proposed operations based on the real numbers generated by currently running operations. Other wise, the applicants, when charged with misrepresentation of facts can answer as Kemp does, denying all responsibility and accountability for their figures.) "...SUCH FIGURES WERE NEVER MEANT TO BE ANYTHING MORE THAN ESTIMATES, AND I DIDNiT KNOW THAT THE COUNTY TOOK THEM TO BE ANYTHING MORE THAN THAT.(!!!) Also, we have been unable to determine at what hearings such estimates were given and exactly what those estimates wee since it has been some years since some of these permits were applied for.:" In order to get some sort of a picture of the actual figures for oprating gravel pits, and their locational profile as well, I called all the operations listed in the 1982 yellow pages. ACCIDENTS: The Denver Highway Department supplied the information that from April 1980 through October 1981 there were ±1 at least 11 accidents with 7 injured. In August, 1981, a truck on the way to the gravel pit was speeding,lost control, and turned over. In September, 1981 a truck on the way from the gravel pit,went down the embankment. In Octovwr, 181, a utility truck pulled over to avoid a car, and turned over. Just ast week, in March of 82, an asphalt truck pulled over quickly to avoid colliding with a gravel truck coming around the blind corner near Jack Snobbles and truned over down the bank. - I / Speeding, the narrowness of the road, and the soft shoulders aixza and sharp drop orfs make this one of the most dangerous roads in the County. Sand SF Gravel (lrc'r::i t.i onr; 1)Mt-. Aggregate Construction Inc . (876-2676) '100 335 Rd, Silt miles to main road; access road is unpaved but wide enough -no accidents. Around 15 trips a day; neighborhood just farms. / 3J --Mt. Mobile Mix (625-1598) 27346 Hiwy 6, Rifle 50 yds to main road- around access road is paved. 150 round trips perday;no accidents �;-. S'Ya'.ls rsr9 -� jRam Construction (923-3337) 1893 River Road, Woody Creek No longer in gravel business; sold to Fox Concrete. They used to do about 20/30 trips a day when pit was in first stages. They graveled and widened the road, on their initiate; tried to improve the road however they could, because "it was beatin the hell out of our trucks".Spoke to Larry. Always came thru Carbondale, never used Hardwick Bridge. Howard Vagner is owner. , 1 Roaring Fork Sand and Gravel -(963-3516) 14156 Hwy 82 , C 'dale They are right on the highway -estimate around 100 round trips per day; no accidents 5) mlock Construction -4065 15+1 Road -(945-7720) here is a concrete and a asphalt plant on same property but nder different owners -They yse Cty road 154, which is paved and wide enough --They are around 700/800 feet from highwat. They make around 100 trips per day. .moi) Casey Concrete (625-1464) 2070 West 2, Rifle Highway is 100yds away; access road is gravel but wide enough; 100 round trips a day and no accidents 6) Elam Construction (923-2399) 001+1 Mc Lain Flats Rd, Aspen Spoke to Harold Elam - their access road runs about 1 mile parallel to the main road; they go down West Creek Canyon Rd; it is paved and wide enough; they do around 200 round trips a day. They wrked with the commissioners when they began the operation; the road was widened and paved; no accidents. They are located between Little Texas and Woody Creek Canyon. There is the small town and a trailer park; is a residential road. They are highly safety conscious. took them 4 years to get commissioners to let them move pit from River to this larger location and they are doing everything' they can"tyring our darndest to obey all the laws,we don't want to have to go back to the river again." Not a terribly busy road but because of the residential nature of it, setn letters to all their customers about the problems of driving on a resident.road and asked them to be extra careful.35 mph speed limit, widened, paved, put in guard rails. ?) Loy E'nterp_ es(625-3270L 2070 InleFJ,, 2nd, Iii 11r�-pi I: 1.nc sLi��n '1'1ic,y :ii't. i:ih Lw(.i Ili pxi;;1 ,i.iirl i;; :[hidAL i rri.i1r2;; Lo o Lher• on. Road As paved, "pretty narrow". Never had an accident. Do about rt's per• d:ry. . There are a Yew houses on road , themselves, and the rest is deserted, just sagebrush. Concrete Batch Plants Flash Concrete-- 256 Main C'dale (963-2970) Batch plant on Hiwy 52- around ti trucks, doing around 3 trips per day each; around ?Iii trips or 24 rt's per day. No accidents except one , maybe two years ago , on a dirt road, she didn't remember which, where truck got too close to edge and slid down; had to be pulled up. Mt. Mobile Mix -just off Hiwy 52 (previous page) Batch Plant on 154 Road, as is Zemlock Construction Gravel pit. Asphalt Batch Plants Elam Construction(previous page) Grand River Construction -4067 154 Rd. -(945-7535) Highway 52 is 400 yds away. Road is paved, now has chipped top; no accidents; they do around 20 rts oer day. Analysis: No other gravel pit, asphalt..or concrete batch plant reported Waving any accidents at all.this year. The longest distance to a main road was IMT.AGGREGATB in SILT, but they reported that although the access road is unpaved, it is wide enough, there is little traffic, and they only do around 15 trips a day. Elam Construction in Woody Creek is around 1 mile from Highway, but road has been recently paved, widened and guard rails put up in conjunction with commissioners. They are most highly motivated and safety conscious of all because they just got permission for their new location afer 4 years and they don;t want to be moved back to old location. They sent letters asking safety cooperation to all their clients, they scrupulously obey speed limits; have had no accidents. The other are all around 100 to 400 yards from the highway. Where the access road is gravel it is wide enough for two truck to pass from different directions. The only com- parable situation is County Road 154 in Glenwood Springs. This road contains Zemlock Construction, gravel operation; they make about 100 round trips per day and estimate themselves to be around 800 feet from highway;reported no accidents. Grand River Construction has an asphalt batch plant there; they estimate they are 400 yards from Hiway 82, do around 20 rts per day, and have had no accidents. MT. Mobile Mix maintains a concrete batch plant there; they estimate around 40 trips per day out of this plant. The total traffic for this triple operation would be about 140 round trips per day at an average busy period. f% Comparative Analysis of Fox Concrete Operation and all Others in Area Distance.: Fox is about 6 miles west of Carbondale Howay 133, and about .8irmiles from Hiway 52. Access Road: `1'ne Route they must take from the gravel pit to Hiway 82 is 10d ,100Ed , & Hiway 133. County Road 109 is a dirt road that has been graveled. It was reported by Ram Consturction, the original gravel pit users on that road that it was an inadequate road when they first began as a small operation. They widened the road where they could and graveled it because of the wear and tear it was causing on their vehicles. It contains 6 blind curves along the Li. miles from the pit to 108 road. There are also at least 5 stretches of road where it is slightly larger than 1 lane and two truck could not safely pass one another doing the speed limit. Character of neighborhood along access roads: Since most of the other operations are just off Hiway 52, this is not a factor. Elam (Jonstruction , Mt. Aggregate, and Loy Enterprises are the only ones that have to travel any distance to the main hiway. In the case of Mt. Aggregate and Loy Enterprises, the surrounding area is mainly farm and field/sagebrush. In the case of Elam Construction, it is a residential area,near the Woody Creek Trailer Park, and Little Texas, and extra safety precautions have been anf are being taken to protect the population and preserve their right to maintain this location. I spoke to the Woody Creek Trailer Court, however, and they told me that the entire town of Woody Crek was against the gravel pit when it was put it, and that they are still trying to find a way to convince the commiss- ioners that it is inappropriate to have a pit in a residential area. They said the main problems were speeding and noise pollution. Fox trucks pa s CRMS school, residences & Crystal Village & Hwy 133. Condition of, Acess RoadS;In most cases, the distance is short and the road is paved. However, where it is a dirt road, it is wide enough for two trucks to pass confortably. Accidents: ALL the gravel pits, and the concrete and asphalt batch plants report NONE, 'e j - 0 Foy /� /Z,9,{f%, In the Special Use Permit, granted under Resolution 81-165 of Mlay,l981 it states: The within SUP is issued subject to the conditions set forth in the above mentioned resolutions...and shall be valid ONLY DURING COMPLIANCE WITH (this) ...and otherr gura'tions of the Bd. of County Comms. The Sievers operation has clearly and continues to, violates the previously mention Zoning r.egulations,'since it received its permits under false pretences to avoid having to be in compliance with them. It could actually never have obtained the three permits that it did if it had correctly stated the information pertainly to those regulations. The following are quotes from the current Garfield CountLMaster Plan which the Sievers operations also contradict: In a letter dated August 13th, 1981 from Walter Brown,III, attoq for Oxenberg to Sievers R & D, he states:"...The County has requested the Highway Patrol to patrol Raad 109 since the speed limit has been so consitenly violated by Lruck emanating; from your operational area.." To my knowlege, I have only seen a Sheriffs car go down that road once, on a Sunday. The Sheriffs Dept. and Highway department are not large enough to provide additonal cars and men to patrol this road, Under Community/Social Services, p. 5 of the GCO Plan, it says: A. Police/Sheriff 1. The County Sheriff's Dept. serves the entire County. The Dept. is not oriented to handle and cannot serve large scale developrnent without specific measures to mitigate the demans of such development en the Dept. Under Industrial/Commercial , p. 6: VT. OTHER (POLICIES?REGULATIONS) A. Policies 6. Encourage industrial expansion where similar developrnent already exists in appropriate areas, i.e. eithin or adjacent to platted industrial parks, within desgnated industrial zones in existing town, or adjacent to existing similar development. 7. Encourage industrial development in areas where adequate transportaion facilities and public utilities are available. POLICIES:(p. 6) 1. The County may require significant commercial and industrial proposals to compltete a statement of impact on surrounding adjacent land uses, transportation facilities, local•economy, local taxes, and demand on services. 2. The County shal- require all large scale i„uustrial and commercial development to mitip;ato any advrse impacts it amay have on the County or tc in proximity to the proposed development. :such actions may apply to, but are not limited to, schools, health care, fire and police protection, ROAD CONDITIONS, TRAFFIC GENERATED, and sewer and water facilities. 5. Industrial development shall occur within designated areas within existing municipalities or adjacent to existing appropriate industirial areas. Under TRANSPORTATION, p. 20 OBJECTIVES: 2. Ensure that, roads considered inadequate to service additona.l developmenr are upgraded as development occurs. 10. Require,t. w developmet to contribute to the improvement of roadways wyhich will be adversely impacted by the glconstruction of that development 11. Separate heavy truck And commercial traffic from local commuter and tourist traffic. 13. Maintain roads as their designated t local. r, Q- arterial, collector, and 14. Establish standards for road improvments or upgrades,(I.E. 500 vehicle trips per day should have a paved surface) 17. Maintain existing roads in a manner which will meet demands. Con- struction o f new roads in undisturbed areas is discouraged. POLICIES 2. The County may require all development proposals to include a ` statement, regarding the transportation impact of the proposal, i.e traffic generated, increased maintenance costs, inc. 3. The County sihal1 require any development proposed which accesses from a poor or inadequate road to improve that road to standards acceptable for the proposed type and volume of traffic generated by the development and other existing uses in the area. 5. The Cou^ty shall establish a program to schedule street improvements throughout the County. The program should be based on current need and oroad conditions. 67) Major Roadwaysshall be designed to mitigate potential impacts on adjacent land uses Ample rights-of-way, landscaping and careful attention to views and other natural amenities should be used to create a safe, attractive, compatible roadway system. Buffers of landscaping should be used to screen noise and odor pollution cause by trucks. 12. The County may deny development proposals on the basis of: 1. Lack of road access to the site ;' . .inadequate road accesF, which will create an indequate road with. large daily traffic volumes _3. a road which isalready at or above its design capacity and due to the terra- or geology of the area, cannot be 4further improved to safely ac modate additional daily 'fic volumes. P. 116 CARBONDALE URBAN AREA OF INFIX "The lands surrounding Carbondale are agrarian in nature. Productive agricultural lands should be buffered from development to ensure minimum interference with agriculture operations. Developmemt should mitigate its impact on agricultural atreas. ACCESSIBILITY: fair Roads leading west from Carbondale are limited and generally are not in a condition to support further development. Directly west are County Roads 106, 109, and 108....County Road 106 is paved and County Road 109 is gravel. Neither road is in a condition to support further developement Roads: p. 70 ff Road access and conditions shall be used to evaluate the relative ability of areas within District (C,D,E,) to absorb growth. Roads in a condition unsuitable to support further development and/or areas with no access shall be considered lest able to absorb growth. PART III -PERFORMANCE STANDARDS p. 87 e ff standards apply to the road system in Garco. These guidelines are intended to ensure the ability of the Garco roads to safely and adequatly accomodate growth. I. Road Systems A. Potential Problems 1. Congestion, traffic back --up 2. Hazardous intersections, accident areas =3. Inneficient road system design 4. Dangerous roads in poor conditions. B. Performance Standards 1. Traffic generated by a development shall not exceed the existing capacity of adjacent roads or identified critical intersections that will serve the project. If the traffic generated negatively impacts roads or intersections, the developer shall aid in alleviating these negative impacts. p. 89 The ff standards are intended to ensure the compatibility of proposed land used and existing land uses. These guidlines mma should be used to mitigate potential adverse impacts of new development and to avoid conflicts among varying typs of land uses. 89 The following standards are intended to ensure the com- patibility of proposed land used and existing land uses. These guidelines should be used to mitigate potential adverse impacts of new development and to avoid conflicts among varying types of land uses. I. Co patibility: Ceneral A. Potential Problems 1. Creation of public nuisance in adjacent or surrounding areas. 2. Adverse effects to the desirability of neighborhoods or the entire community. 3. Alteration of the basic character of adjacent land uses. 4. Impairment of the stability or value of adjacent or surrounding properties. b Performance Standards 1. Proposed land uses shall be required to provide adequate mitigation of potential impacts to ensure maximum compatibility with all adjacent land uses. 2. An incompatible situation shall be solved before the proposed development will be approved. a. Proposed land uses with a more intensive land use rating than the adjacent land uses shall reduce or alter all the more intensive uses until that proposed use is compatible with the adjacent property to the satisfaction of the County Commissioners. 3. Compatibility may be judged in two different ways depending on the existing and the pro- posed land uses: a. A higher intensity land use proposed adjacent to a lower intensity use shall remedy those higher impacts. (Example: A commercial center proposed adjacent to a low density residential neighborhood.) 90 b. A low intensity use proposed adjacent to a higher or unsightly use shall screen or otherwise alleviate the existing negative impact. (Example: A proposed low density residential development adjacent to a gravel pit.) Any proposed land use may be deemed incom- patible for the following reasons: a. Adversely affecting the desirability of the immediate neighborhood or the,/ entire community. b. Impairing the stability or value of existing adjacent properties. c. Adversely affecting the quality of life of existing adjacent residents. d. Showing a lack of quality or function in site planning and design. ,e. Creating a public danger or nuisance" to surrounding areas. 7 f. Altering the basic character of adja- cent land uses or the entire community. II. Compatibility: Traffic A. ,"Potential Problems 1. Dangerous truck routes and high speed traf- fic on roads which access residential areas., 2. Dangerous traffic near residential areas. B Performance Standards 1. Proposed traffic of a higher volume shall\ not be generated through a lower traffic volume area without appropriate mitigating, or buffering methods. 2 Trucks, high speed, or heavy traffic shall, not be routed through local roads, resi- dential areas or towns. 3. Truck traffic shall be rerouted around municipalities as soon as adequate by- passes are designed and constructed, 4. Residential developments adjacent to arterials or major collectors shall be appropriately screened from that road, both visually and from noise effects. 91. 5 Developments adjacent to arterial or collector streets shall avoid the use of individual driveways. Local frontage roads, shared driveways or other acceptable methods should be used instead. 11.1. Compatibility: Smoke Dust_ 2 Odors A. Potential Problems 1.. Hazard to public health and safety. 2. Nuisance Co surrounding area or community. 3. Reduction of land values and degeneration of properties. B. Performance Standards 1. All new roads and parking areas shall be maintained in a condition which will pre- v„ent_ dust generation. / 2. Dust, odors and fumes shall be contained / within the site generating such emissions and shall not negatively affect any sur- rounding land use. (Exception: Agricul- tural land uses shall not have to comply with this performance standard.) 3. Smoke emission shall be kept to a minimum within acceptable EPA standards. IV. Compatibility: Noise A. Potential Problems 1. Unpleasant disturbance in noise -sensitive areas. 2.. Reduction in property values. 3, Conflict with numerous noise -sensitive land uses which may potentially inhibit residen- tial life-styles. B. Performance Standards *NOTE: Noise sensitive land uses include, but are not limited to, residential, cultural, educational, natural environment, agri- cultural, and areas of public assembly. Proposed land uses which may cause a noise disturbance or nuisance to adjacent or sur- rounding properties shall be prohibited, un- less the noise disturbance can be effectively "ontralled within the proposed project site. /9 In Resolution, 80-47, of March, 1980, the SPU permit was issued"upon .he following specific conditions: 1. That the use of the tract of land comply with ALL PRESENT AND FUTURE REGULATIONS of Garfield Co. relating to all uses... in tYp zone district in which the property is now or may later he located. 2. That no more than 20% opacity of fugitive dust be cereated at the plant or on Co. Rd. 109. COLORADO DEPARTMENT OF HEALTH Richard D. Larnm �c " c Frank A. Traylor. M.D. Executive Director Governor J 8 Z 6 CERTIFIED MAIL NO. P454055153 June 30, 1983 Sievers Ranch and Development Co. 3794 County Road 109 Carbondale CO 81623 c. Re: Official Notice of Violation Dear Sirs: Your attention is directed to the Colorado Air Quality Control Act, CRS, 1973, Sections 25-7-114(1) and (4), which read as follows: "(1) No person shall permit emission of air pollutants from, or construc- tion or alteration of any facility, process, or activity except residen- tial structures from which air pollutants are, or are to be, emitted un- less and until an air pollutant emissions notice has been filed with the Division with respect to such emission. A revisedemissions notice shall be filed whenever a significant change in emissions is anticipated or has occurred. The commission shall exempt those sources or categories of sources which it determines to be of minor significance from the require- ment that an air pollutant emissions notice be filed." "(4) No person shall construct or substantially alter any building, facility, structure, or installation, except single family residential dwellings, or install any machine, equipment, or other device, or commence the conduct of any combinations thereof, or commence operations of any of the same which will or do constitute a new stationary source or a new in- direct air pollution source without first obtaining or having a valid per- mit therefor from the division, board, or commission, as the case may be; except that no permit shall be required for new indirect air pollution sources until regulations regarding permits for such sources have been promulgated by the commission. The commission shall establish rules, regulations, and procedures in accordance with the provisions of this article for the granting or denial of permits which shall be in conformity with the purposes of this article, as set forth in Section 25-7-102, but 125 NORTH 8TH STREET, GRAND JUNCTION, COLORADO 81501 PHONE (303)245-2400 Sievers Ranch and Development Company June 30, 1982 Page 2 in no event shall regulations governing indirect air pollution sources be more stringent than those required for compliance with the federal act and final rules and regulations adopted pursuant thereto. Such procedures shall include, but not be limited to, the following:..." It has come to the attention of the Air Pollution Control Division that your firm owns a gravel pit located south of Glenwood Springs on County Road 109. A review of the Division's Permit files indicates that a permit has never been issued for this operation. Should the gravel pit continue to operate without first obtaining a valid emission permit you will be subject to enforcement action in accord with Section 25-7-121(1) (court injunction) CRS, 1973, which reads in part as follows: "In the event any person fails to comply with a final order of the board, the division, or the commission that is not subject to stay pending admin- istrative review, or in the event any person constructs, modifies, or com- menceo operation of any air pollution source in violation of Section 25-7-114(4), the board, the division, or the commission, as the case may be, may request the district attorney for the district in which the alleg- ed violation occurs or the attorney general to bring, and if so requested it is his duty to bring, a suit for an injunction to prevent any further or continued violation of such order or of Section 25-7-114(4)." Also be advised that you are subject to civil penalties up to 05,000 per day as provided by Section 25-7-122(1)(h), CRS, 1973, which reads as follows: "Any person who violates the requirements of Section 25-7-114(4) regarding construction, modification, or commencement of operation of an air pollu- tion source without such a permit shall be subject to a civil penalty of not more than twenty-five thousand dollars per day for each day of opera- tion after receipt of the notice of noncompliance or violation." Finally, you are also subject to a $100.00 civil penalty, in addition to the above cited penalty, as provided by Section 25-7-122(1)(c), CRS, 1973, which reads as follows: "Any person failing to comply with the provisions of Section 25-7-114(1) shall be subject to a civil penalty of not more than one hundred dollars." Sievers Ranch and Development Company June 30, 1982 Page 3 If your firm submits an ADEN and permit application with all necessary in- formation, a preliminary analysis of proposed air pollution control meas- ures will be made to insure compliance with all applicable air quality con- trol regulations and standards. If no problems are found, an initial ap- proved permit will be issued allowing you to operate at that time. YOUR OPERATION WITHOUT A PERMIT IS ILLEGAL. All operations must be discon- tinued immediately and until such time as an emission permit has been ob- tained or action may be taken under the above cited Sections of Title 25, Article 7, CRS, 1973. If you have any questions, please contact me. Sincerely, ScAt .J ler . % Air Pollu on Control Division SJM/zp cc: Garfield County Commissioners Ed Feld, Garfield County Sanitarian Steve Frey, EPA Denver Office File DIVISION OF MINERALS AND GEOLOGY Delta rtmrnl of Natural Resources 1 11 I Sherman S1.. Ronne 2( 5 11cnvel. (() 8(12111 I'linno.. 41(1, 81,6-1567 AX: . 1114! 812.81116 MINERALS PROGRAM INSPECTION REPORT R. rc Rnnmr emu, Mt hare If. 1 nng Ukuin 11)ur. h n The Division of Minerals and Geology has conducted an inspection of the mining operation noted below. This report documents observations concerning compliance of the mining operation with the permit and the regulations of the Mined Land Reclamation Board. The report notes 1) Areas of successful compliance; 2) Problems and suggested corrective actions and/or 3) Possible violations to be considered for possible enforcement action by the Mined Land Reclamation Board. OPERATORS SHOULD READ THIS REPORT CAREFULLY BECAUSE IT MAY REQUIRE CORRECTIVE ACTION AND/OR RESPONSES TO THE DIVISION IN ORDER TO AVOID CONSIDERATION OF POSSIBLE ENFORCEMENT ACTION BY THE MINED LAND RECLAMATION BOARD.)/ MINE NAME S/�vers /27HGK- 7„9- / '1 OPERATOR' /4ifrtH 4/Pk 401 121/—S COUNTY 6AR�f+/eth ,,qq 1 MINERAL^J/F�/4 lE/ 4%2/�l/%r./ TYPE OF OPE T ON oPr U /T -//Z INSPECTOR(S) (4gKi (.//r%/st (Air/ /"WU� SIGNATURE thy �/r MINE ID # OR PROSPCTING ID # 11% 77— o98 / /O//Z/ r 3 DATE OF COMPLAINT ,m,. G So-�•oIC TIME OF DAY (MILITARY) — o /vdv HZ POST INSP. CONTACTSe4 0 /I- INSPECTION DATE INSPECTOR'S INITIALS INSPECTION TYPE CODE(11 JOINT INSP. AGENCY CODED' WEATHER CODE(a1 C 4-4-0 640 REASON FOR INSP. CODEO1 OP. REP. PRESENT /'en SO�/QJ e/ / CI //l WfiOledd(W, Uolhic_)/4seest 1. INSPECTION TYPE CODE - (CL -IN: IL=Illegal Operation, MI=Monitoring, MP=Mineral Prospect, SI=Surety-related, PR= Pre-operation) 2. POST INSPECTION CONTACTS AND JOINT INSPECTION AGENCY CODE - ICL -AG: NO=None, BL=BLM, CH=Colo. Dept.Health; CL= Land Board, CT=Citizen; C W =Wildlife, FS =Forest Service, HW = Hwy. Dept., LG = Local Government, SE=Sate Engr.I 3. REASON FOR INSPECTION CODE - [CL -RS: AG=Other agency request, CT=Citizen Complaint, IE=Normal l&E Program, HP=High Priority, PY = Priority] 4. WEATHER CODE - [CL -WE: CL=Cloudy, CR=Clear, IN =Inclement - prevented inspection, RN=Raining, SN =Snowing, WD= Windy] This list identifies the environmental and permit parameters inspected and gives a categorical evaluation of each. IF PB OR PV IS INDICATED YOU SHOULD READ THE FOLLOWING PAGES CAREFULLY IN ORDER TO ASSURE COMPLIANCE WITH THE TERMS OF YOUR PERMIT AND APPLICABLE RULES AND REGULATIONS. If PV is indicated, you will lbe notified under separate cover when the Mined Land Reclamation Board will consider possible enforcement action. (AR)RECORDS (HB)HYDROLOGIC BALANCE (PW)PROCESSING WASTE/TAILINGS (MP)GENL MINE PLAN COMPLIANCE (SM)SIGNS AND MARKERS . . . . (ES)OVERBURDEN/DEV. WASTE . (AT)ACID OR TOXIC MATERIALS . GENERAL INSPECTION TOPICS (FN)FINANCIAL WARRANTY . )7 713 (BG)BACKFILL & GRADING . Y (SF)PROCESSING FACILITIES (FW)FISH & WILDLIFE . . �7�r` (SP)STORM WATER MGT PLAN / (SC)EROSION/SEDIMENTATION PIS /Aid(OD)OFF-SITE DAMAGE . . P/3 LLQ (RD)ROADS . . . . I'! (EX)EXPLOSIVES . NA - (RV) REVEGETATION /PA (TS)TOPSOIL . . . (RS)RECL PLAN/COMP (ST)STIPULATIONS ry JT Y = Inspected and Found in Compliance PV = Inspected and Possible Violations Noted PB = Inspected and Problems Noted N = Not Inspected NA = Not Applicable WHITE - PUBLIC FILE PINK - OPERATOR YELLOW - CORRESPONDENCE FILE ,M (PAGE 2) M:NE ID x CR PROSPECTING I: =:� / - Z - 09-a- - INSPECTIN DATE _7 O / a/ q 3 :NSY:CrCR S INITIALS ( S G ( J OBSERVATIONS �/ J/ ---� iA(S cJ#J 0, hate" Ton? I es/ 7 a//vim dos/Le/e c- sens en BOSH /, 1- 0+ G)er/etn ,c441 /c Qite /J,;h GJood- e 1 /7s/e & /G//cvt /A' / hatters, ths< eeJf12_ r J Tom- 1C4 r?i Z 00 // % Gt eT�ent / k- %4SC SY7- ,?t�rlcrc, lite. aiee/ert" /cn/ 7#51/4/1 /A ,,rOeres; a_ "1/4-1/4 rev is co e a,D oPProvece ,'yt /0rl/ "'/o moil -4 Wev�ifn� /hit A/3 jciefe4 °et G( cha#yt W 6'!44da ert (�//0 94Z Gr4Nce . 1 AifAiicg_ /S e(dr/edl%�cr/ 0royreSJ; fan__ ,tor -7l 716 So,, �k o...Q) / 1� earl- / r /11 sly ,9, Afro /�cc/+ 2�' 7� oZf acre" r Cl-�—� nine,/ or Citric -dere in /9 • /k cJOr() rcrgeJ `*cam °Zr. f.74 30 44 • 4- goat ets»a7/ ,o%iii,Y Ze 'p D/L an- ofEQ 6 eisfra)C, ItJ7 7 atr/ e-rS / 11 S%fcy e_ ^_ /gas notJcer,T r%��"'` Drier %h/A 41-04,. 7? so,/ slut G.t kale, a/, -/k- eiriefw Aet/la-der of.c 4e 7 etc_ Ase/ „ire r—ware-Lust/ f / area 4c o r X els,- efrd cRe 714- S 1 - SrT� � 6e; 441-16.19 1�/%� �� �l��`�Oche,,L 77c Or/r/e-V dfai+l4v- 9L°C7/Ofs.L Cti`ric"G[ An?4nnO AC -C ---le to aJ soi,' e_e 1�� seto/y Pmeti b ? /awe LeasAr, ' iS 1cI i 4re4 CGr✓(ti /4' 'Y) `/A— ea-rt7r1 1 cr/ rah /sow �, ICL I & E Contact Address NAME OPERATOR STREET CITY/STATE/ZIP CC: 3 *77- „// (PAGE /) MINE ID # OR PROSPECTING ID #: * / /-v�-7� 09r INSPECTION DATE 4//2/93 INSPECTOR'S INITIALS a'SC OBSERVATIONS '4k1 d2*In ej 4..ark/n perm,1 4 ei,„% / .4 ,�44 shti a 62 Ca�i✓o�� ��( 4a perei_ apt/di feeld 9.o dirt 7i� 4 /iC! erT i eta. f dtS;j. aIWQ & re ”: red( 7p Arc U'i// lea/Rr,� ,14.4a '7l 9Ccric tweet . sec /baa O� J`cp C �- . - ro-L. /C_. es /0- �- ti /00a ;JD Gf'fc �o•4 // acoQiehl 70 11C-- aa &i• A/'/J/o%1/44a ,141-,N[a� Se_ Ant t 16°"e4 2✓c1 7 o pari a de_ W 2 l eer Tiow1 oc ros,s /cif C,r/PQ/ let -fact o-7& l4 Aar; /irk g,'J)C O" A ✓17L/O 6C Goc..Je 71e4r,#4ce - ilo le. tete J / ecr— pe 1- bookh✓L/, roy/maia- 1 /V/ aad __ o(felvetp c.)('ihl� /df,f Cr( riucv cJllere- J /C. -d %r! % o /Grrac�. (Pc"-,�C d/uX ?/a Po dire-c-+ low,kQetic' „cfry 6 -Of t poo-e4J (-Jed c0LSetoJ 40 k cfc rr4c�'_ tie -tan 6+ /2oar; wg %irk• (Ste--�/3 3 .) y) AAs/Aa /742L ittc /er,d 91 � ~0 0 los ih4V'i gpraine,-' o/ti/o lk rink -�ivrk_ J `Sees 0-4 4 QJ ph4/f X -/cL io%4i 7-At_f �/% irta�er" J u /cf' k am -4;4e, O/c,�iC rey&co vece 1w i Ain_ • e 0/0 fid tel// p (See_ /� (S �� • 4 reu i cJ o� Th¢.. 0 r rd i n 9' Iit, 1 a 1 ��O11�S�L I & E Contact Address $ltbsece4 omevu�ntent�t '4nO kh1`<4 I re'`�1`s7or,_Q ��//y�1 cf + 0.'l asp" E4— baTLLCpktt u)uS yu� i.tC�kc`"'� til le NAME per�ki'%• itiz o�}3 �4 J¢r,ti.'t OPERATOR j4c�kc�FS Oh. a coots e- hovkL e IGn;. STREET CITY/STATE/ZIP S1 der 7 /(' � 1 (PAGE f) MINE ID # OR PROSPECTING I(•D ## : / 7 - 0 7Q U INSPECTION DATE LZ�/Z/ / s) S°41 sloc['Z Pert° or ,rare_ /k ,17J.J7`ofrt_ °,/da ualume_ -{k a/ke—iepofret. INSPECTOR'S INITIALS LPSC / / / OBSERVVAATIONS� /� (es e,3k4 arc ica / �L% '✓L j at ON- Vett /e,J, Sh,ulc? be- seen s LJ,'/?(a at -era -7 7see Mix/ (sec P55 /-05urtst71S 1�(°oeftsT-r� eanoti��?/ Off f'fue.;%/C/� tio CiZlc-a o r I €lint Ity.Soi / �$ rprcia47L It ever" 4jso --wo above 4rount s et `Ya4kS V 1 11 A-ane4r be..)-.xesk arc& a�Pr,X; rka-1e•4,, 66-14s srkt JIt14r�c„C r k ,.te Ca✓I rr�e`L v 1 2 P err vojws, of trek -'kTur€) 40,0 sod S te« k recce any y614rarectS prior +o )vt3al/A�1`orz. 4Sa arcs curre�•77y —des owe_ Gado I<,)-1• /hes e- etsc<re_ -flAti hoedi.1 sl" f nur,1“4,,4-/ 40 An.�'T!�kIQ�o vel OwaC/toc skprIC.(r CC: e 30-4 ii -as GJesfer +fib; � AtIoui isk 66w ,e S'prt s, G. �Jbc02 G: .Sal` Pluc-ke4 aka' Ms, P0-fYktc-, NelSov` cot. Iwi. ofmesa, cox/al av,7 a,& 02-i-er c.�aal,' WQCb - PE- (3a y300 cherry Creek_ Drive_ So ti Deouc,r, Colo. foaa02-)s3 a I & E Contact Address �u �j CC: ,f.m,),-,„cc_ Cvre-Gpl nr7�f >C �/� OPERATOR ,4SOPt4 4lert S-0/- t 7 0P'IIfJbid STREET -615-11— / L. J,ct/Let lt/ !' u ) St i"e « CITY/STATE/ZIP ,4sfeet( l�� `o' a i6// ac: S1QOF cc. 1{azaral us I('IQ (eric f G s- t µ�s,,�.vKen* I/3v" c-14rv/ cree-k brivc_ Soak he tt, wt fl - B a 'Denocr, Co IU. goa—)s NAME JiM lir/ Art 661e4 Coif Pedde..a, oaf, 6a D,_s,a er- %70 w&,cL Sflr;,is l;, s -/G 04 - bl`ZG Page S The following problems (PB) and/or possible violations (PV) (and suggested correctiVe actions) were identified during this inspection. The problems should be corrected by the dates given, or they will become possible violations. The possible violations should be corrected by the dates given to reduce their severity when considered by the Mined Land Reclamation Board.' The inspector noted on the previous page should be notified of all corrective actions taken. L'E4sLEuaceusatam_SLIOLAII4Ns AIIQ CQEEECIIVE_flCIIQNS Correction q 1. er e7 7- J 1 /1 te_ / 3 �JL�� _,_[fit 2C/".�{/,(- _ �.__��LLy_>_ �Y ___Q`�/ '0 2- /_t_� n 1/41 J/7ge Lrie?L—�gre.4___.� Q.t_eRa aC!t1 4'• PB or PV / .o /� A 64,'/JOK ()i /'ick i TOPIC S C—to 244- rvebfif Az- 064611._t_ 42___Lwd _' /( 7 f ^V PCa • PB or PV TOPIC$ 4 - Co rte -div— 4c n / OteriZ o Ct tof4,e lac_ cr to C)_etdLz u_. iii? __ � ceri7heic_ d SyrL-rOrl _ Elidi WGLAkJe✓v Flo) _. tbasi'c 0 7T11 ,PO(i/i firk R(o �4 MPfl5_iiICeth _add, `2cLmL11 /file 3. CURRENT SPECIALIST a V C. FILE NO. M_ s PB or PV L 23 TOPIC g J$ / C2 b **NOTE; DP Entry go to Permit File Decision/Issuance Data Entry to change Current Specialist.** MINE ID # OR ,I (PAGE 1) PROSPECTING ID #: i�7 7^ O9 /o//a,g3 PROBLEMS/POSSIBLE VIOLATIONS AND CORRECTIVE ACTIONS INSPECTION DATE INSPECTOR'S 4. / /tg- 7eJ4gof4by ds,a% Ji/ Abl Ovl -s VC i A t int/JeC ;,n WI-' 4.5/�m+A 44.5 clbinednT»,ti-. /ore[cOxyi g �rrdi �c`�, �uLin,'/ a lo AA 47 A. , 0-41' N / INITIALS agt CORRECTION DATE �.//2ag/93 PV P PB or TOPIC(S) 3 It (54['J "low CV?7e // )ii o //rein S,br. / /2o»J 44,11,1 of S/Orllee( Ar`�37rd64rbonS &J,t� de- Qeo aiineoP 0111 fit 64"1 / 4ci 0/6.51)7 n T�r�L �er•�odt /t, f lst eve_ rerauevc pi -ratan 77 ft e&yhc N ,oln reyu/,aii s . / / PB or PV TOPIC(S) J'ce frtlesei7 /c -%or a ten -001 cif oat- year or- //are aiQ see, %/iehrt 4-011-k a y� -fe.or o ,fceph, IX ' M:OSS\ERN\INSPECTI (10/92) //-/CCIZ_/_9_-5. PB or PV TOPIC (SI S c STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue Phone (303) 692-2000 Denver, Colorado 80220-3716 (303) 691-4700 October 28, 1993 Mark Bean Garfield County Planning Director 109 8th St. Glenwood Springs, CO 81601 Re: Sievers Ranch Pit SW GAR GEN NGS 0 1993 GARFIELD COUNTY Roy Romer Governor Patricia A. Nolan, MD, MPH Executive Director Dear Mr. Bean: In a telephone conversation with you on October 27, 1993 you referred to an inspection to of the Sievers Ranch Pit by members of the Division of Minerals and Geology that occurred on October 12, 1993. Your concern is regarding the potential of having to obtain a certificate of designation (CD) under the Solid Waste Act for placing clean fill, ie. clean soil into this pit to be used for reclamation purposes. My purpose in writing is to inform you that a CD is not required in this instance. If the pit were taking trash, construction debris, garbage or the like a CD would be required. I have enclosed a copy of the inspection report that I received for your use plus a copy of our draft inert fill policy. The latter document will remain draft until our assigned attorney general and the Division Director approve it. I hope that you find these to be of use if you have questions conc ning -tliis matter I may be reached at 692-3445. Sincerely, o F. Mallory 24-1-ely ectin Chief Solid Waste Program Hazardous Materials and Waste Management Program enclosures cc: Carl Mount, DMG Post -It'" brand fax transmittal memo 7671# of pages . I To 't , t/r-/L6l'7/ L1r4 / From/"? i l+. ��/ Co. GGs7s° v Nio4 4- co.6ar4e4i ep . Dept. Phone ft/73— (3,2_ / 1J Fax #,-4-5--747-- Fax#