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HomeMy WebLinkAbout03.03 Correspondence - West Divide Water District ConservancyAPPROVED) AMENDED�� APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRIC QUiMC1' 11i310 MAY 1,D. JU13T1 Dag ACTIV1 L1D For office U only J PRO A. APPLICANT Name Western Mobile Northern, Inc. AddressBox 386 Glenwood S rin s CO 81602 Telephone Number 3Q3 /945 -8672 Authorized Agent or Representative Mr. K.R. Weatherly B. WATER RIGHT OWNED BY APPLICANT Name of Right Office/Shop Well Type of Structure or Right w0.). Location. of Point of D�`e Sion NEI, NE4, Section 13, h section Water Court Case No. NSA Well Permit No. ppr,Dyi t __= enr1i ng, areipt No. 351553B C. INTENDED USE OF LEASED WATER Location of Area of Use Description of Use Domestic. i ndust-r. i a 1 and commercial it ea Dqs i, i aiecl witb gravel mini g and cooct,etp p oductiop. Number of Dwelling Units N/A Total Acreage Approx. 102 Proposed Potable Water System well Proposed Waste -Water Treatment System Septic tank/ _1earhfie d Projected Monthly Volume of Leased Water Needed in Gallons: Jan., 65_,20Q Feb. 65,20Q Mar. 73.00oApr. 91 .3o May 104,30) June_ 136,)aolu1y U6,9QoAug.104,300Sept.i 0POt.104.3Q9 Nov. 94, 500 Deo. 75 , 000 Annual Total Gallons 1,187,800 Acre Feet .3.66 Maximum Instantaneous Demand 65 gpm 1 1 1 1 D. OTHER REMARKS JAMES M. LARSON STEVEN M. BEATTIE GLENN D. CHADWICK LARSON & BEATTIE ATTORNEYS AND COUNSELORS AT LAW 201 CENTENNIAL STREET SUITE 203 GLENWOOD SPRINGS, CO 81601 November 20, 1986 Don K. DeFord, Esq. Garfield County Attorney 109 Eighth Street, Suite 300 Glenwood Springs, Colorado 81601 Re: Mobile Premix Company -- Sievers Ranch Dear Don: TELEPHONE (303) 9458659 NOV 211986 II GARFIELD COUNTY This •firm represents Mobile Premix Company. As you may already know, Mobile Premix is interested in acquiring the operational rights under Garfield County Resolution Nos. 80-47 and 81-165, pertaining to gravel extraction and operation of concrete and asphalt batch plants, as previously authorized upon applications by Sievers Ranch and Development Company. Copies are enclosed for your reference. Toward this goal, we have reviewed the above -referenced Resolutions, excerpts of the minutes from the March 1980 and March 1981 Board meetings at which those special use permits were discussed, and the Garfield County Zoning Resolution. We have also talked with County Planner Mark Bean on several occasions. Based upon such review and discussions, and related investigations, Mobile Premix and this firm under- stand as follows: 1. Resolution Nos. 80-47 and 81-165 constitute valid and subsisting grants of the authority stated therein. In other words, those Resolutions mean that the properties identified therein are validly and currently zoned for the operations and uses described therein. 2. Operational authority under such permits is transferrable. In other words, such authority is not limited to use by the permit grantee, and if Mobile Premix acquires such authority from the permit holder, the Company may conduct the operations and land uses descri4ed in the Resolutions. 3. Such permits are issued for the useful life of a project. In other words, they are not limited to a specific period of time. 4. The permits are subject to the conditions set forth within the Resolutions, together with the continuing obligation to comply with MLRB requirements. There are no "hidden conditions." Don K. DeFord, Esq. November 20, 1986 Page 2 5. The conditions precedent to permit issuance as set forth in Resolution No. 81-165 (including payment of the fees referenced in paragraph -2 on pages 2 and 3 thereof) have apparently been satisfied, given the issuance of a Special Use Permit pursuant to that Resolution (copy enclosed). 6. There are no additional County authorizations which would be required for Mobile Premix to operate under the permits. 7. The new Westbank bridge (called the Hardwick bridge in Resolution No. 81-165) is being constructed to "interstate standards" according to information received from the State highway Department. If so, we understand that the bridge and road will be available for use by trucks, loaded and unloaded, serving these projects. Stated otherwise, we understand that, if the design specifications of the bridge are sufficient to permit such use, there are no County requirements or limitations which would preclude use of the bridge and road, particularly in light of the fact that a $1,000.00 fee was paid in this specific regard pursuant to Resolution No. 81-165. Mobile Premix is contemplating a substantial investment in the projects represented by Resolution Nos. 80-47 and 81-165. Accordingly, it is most important to the Company to know that proposed operations may be conducted as contemplated. The purpose of this letter is to seek confirmation from you as County Attorney that all of the foregoing understandings are correct; or, if not, exactly how any of these understandings may be in error. This letter is not an application or a request for an approval, as such, since we understand that none is required. Hopefully, based upon Mark Bean's personal familiarity with these matters (and perhaps your own), the requested confirmation or clarification can be provided within a very short time. I look forward to hearing back from you at your early convenience. Of course, if there are any questions or matters which we should discuss, the company and I would be happy to talk with you. Very(] truly yours, Sfe'ven M. Beattie SMB:bb Enclosures cc: ►mfr. . Mark Bean Mobile Premix Company Dayton Denious COLORADO DEPARTMENT OF HEALTH Richard D. Lamm Governor October 17, 1986 Mr. Marty Ward Kiewit Western Company P. 0. Box 521 Littleton, Colorado 80160 Dear Mr. Ward: Thomas M. Vernon, M.D. Executive Director The Division has reviewed your request for a time extension for emission permit 85AR388P to complete a project in Garfield County. The Division grants the extension providing a compliance test is performed during the operation of the asphalt plant at Severs Ranch Pit. The Division understands that the plant will operate using virgin aggregate and will start testing October 20, 1986. Test Method 5 for particulate emissions will be used. A determination on granting final approval for the permit will be based on the test results and observations made by the Division representative. Should there be any change in material or operational dates, please contact me as soon as possible at (303) 331-8581 or Scott Miller at (303) 248-7152. Sincerely, Richard D. Fox, Chief Compliance Monitoring and Enforcement Section Air Pollution Control Division RDF/j sg cc: Scott Miller Mark Bean 4210 EAST 11TH AVENUE DENVER, COLORADO 80220 PHONE (303) 320-8333 L � rr1 COLORADO DEPARTMENT OF HEALTH 1/41kAir Pollution.Control DivisionVt Ig 76/ Telephone: (303) 320-4180 ISSION PRMIT PERMIT NO. 85AR388P DATE ISSUED: March 21, 1986 ISSUED TO: KIEWIT WESTERN CO. INITIAL APPROVAL EI FINAL APPROVAL 0 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable asphalt plant based at 4975 West C-470, Littleton, Arapahoe County, Colorado. • THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: CMI drum mix asphalt plant, model UVM - 1700SP, serial No. VM 1700SP. The plant is capable of processing recycled asphalt. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE ---eet eRAD&-AiR ( Ot—C6MMMIS51ON AND THE COtOfTA-D6 AIR .QUALITY" """-- CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: Ak4 1. Visible emissions shall not exceed 20% opacity. -i9 2. The permit number 'shall be clearly marked on the subject equipment for ease of identification. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): Particulate Matter: 7.'25,lbs./hour and 9.43 tons/year. Sulfur Dioxide: 39.12 lbs./hour and 25.00 tons/year. Nitrogen Dioxide: . . 26.37 lbs./hour and 16.50 tons/year. Volatile Organic Compounds: .••' -,:13 ,lbs./hour and :'.:..08 tons/year. Carbon Monoxide: .: .•2.40:lbs./hour and ;`'1.50,tons/year. • -cont' d- , GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 6, 7, and 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduction of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been deter- mined by the APCD to be necessary to assure compliance with the provisions of C.R.S. 1973, 25-7-114(4)(g) and, as such, shall be enforceable under the provisions of C.R.S. 1973, 25-7-115 after final approval of the permit has been granted. Emission limits are imposed to ensure that emissions will not (1) interfere with reasonable further progress toward attainment of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-114(4)(g)(I)(B) and 25-7-301(1); Section 172(b)(3) of the Federal Clean Air Act, 42 USC 7502 (b)(3); and Section IV.D.2. of the Air Quality Control Commission Regulation No. 3 or (2) result in an exceedance of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-102, 25-7-105(1)(a)(I), and 25-7-201(1)(b); Section 165(a)(3) of the Clean Air Act, 42 USC 7475(a)(3); and Section IV.D.1.c. of Air Quality Control Commission Regulation No. 3. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to, or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the revised Air Pollutant Emissions Notice (APEN) (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in Section I11.B. of AQCC Regulation No. 3 upon a request for transfer of ownership. 5. issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of C.R.S. 1973, Section 25-7-114(4)0) and Section IV.H. of AQCC Regulation No. 3. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. & 1HIS HERMITAti-ToMAT-Ie tt-YEXWRESF-you-)-do comma econctructionoroperationwithin18_months after either the date of issuance of this •permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later, (2) discontinue construction for a period of 18 months or more, or (3) do not complete construction within a reasonable time of the estimated completion date. Exten- sions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of C.R.S. 1973, Section 25-7-114(4)0) and Regula- . tion No. 3., Section IV.H.1., and can result in the revocation of the permit. 8.. YOU MUST obtain final approval within six months of the commencement of operation as that term is defined ' by the AQCC. Failure to obtain final approval will result in the revocation of the permit. 9. Violation of the terms of a permit which has received final approval or of the provisions of the Colorado Air Quality Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under C.R.S. 1973, Sections 25-7-115 (enforcement), 25-7-121 (injunctions), 25-7-122 (civil penalties) and 25-1-114 (criminal penalties). • ARCO 83 IRLV. SO/B31 KIEWIT WESTERN CO. Emission Permit No. 85AR388P Initial approval Page two 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 stated in the application. Annual records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. Production of asphalt shall not exceed 300 tons/hour or 400 X 103 tons/year. 5. This source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. Consumption of No. 5 Fuel shall not exceed 600 X 103 gallons/year. The amount of recycled asphalt processed shall not exceed 50 percent. 6. All process equipment shall be maintained and operated so that there is no leakage of air contaminants to the atmosphere prior to their treatment in the pollution control system. The emission control equipment shall be maintained in accordance with the manufacturer's instructions to achieve a continuous control efficiency of at least 99% for particulates. r 7. A source compliance test shall be conducted to measure the emission rate(s) for the pollutants listed below. The test protocol must be in accordance with the requirements of the Air Pollution Control Division Compliance Test Manual and shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. No test shall be conducted without prior approval from the Divi.sio.n.._Einal_permi.t_.cond_i-ti-oa.s will limit plant opera-t-i-an—te- the rates occuring during the test; including the recycle rate. Particulate Matter using Method 5. Sulfur Dioxide using Method 6. 8. This source is subject to the requirements of Regulation No. 6.VII, which limits particulate emissions to.04 grains/dry standard cubic foot. 9. This source is subject to the requirements of Regulation No. 6, Part B, which limits sulfur dioxide emissions to .8 lb/MMBTU heat input. -coned— KIEWIT WESTERN CO. Emission Permit No. 85AR388P Initial Approval Page three 10. Construction of this source must commence within 18 months of initial approval; permit issuance or within 18 months of the start -up -date stated .in the application. If commencement does not occur within the stated time frame the permit will expire on September 21, 1987 (See General Condition No. 6., Item 1 on the reverse side of the first page of this permit). 11. Final SO2 emission limits will be based upon stack test results. Sy• mes, S, .Geier, :P-.E:•,'.Chief New Source ReView:Section::' Stationary Sources Program Air Pollution Control. Division vat Western &a Moble QCT 2 7 1993 �•r�i';`itvi_J couNTy October 25, 1993 Mark Bean Garfield County Planning & Zoning 109 8th Street, Suite 303 Glenwood Springs, CO. 81601 Dear Mark; It is our understanding that Garfield County does not require a certificate of designation when receiving fill dirt from a con- struction site. Would you please submit this to us in writing. Thank you for your cooperation. Respectfully, _lam Ken Bontrager Sales Manager KB/jb Western Mobile Drawer 368 Glenwood Spgs, Colorado 81602 303-945-8672 Fax 303-9457462 (°Jactfttdy? (,.�_ a //may , GD n� f / o r cu L! L A / et( d <,t (s no't sa.6/. 4 i� n L /4.�.>-� o w� ,rpt L .S/ / w l% D-71 �cff rd /iUas, . sw���� 1 eo -74r /7,6 awts, -610 1v /10 Aim X/LAdo-z-eiz IMPACT STATEMENT Prepared for Sievers Ranch and Development Co. to meet Garfield County Regulations by Environment, Inc. 9989 West 60th Avenue Arvada, Colorado 80004 (303) 423-7297 April 8, 1981 The proposed asphalt plant is to be located in the E/2 NE/4, Section 13, Township 7 South, Range 89 West, 6th P.M., on property owned and controlled by Sievers Ranch and Development Company. The scope of the project is to supply asphalt to an area that includes, but is not limited to, Glenwood Springs -Carbondale. The plant to be used to produce the asphalt is manufactured by Cedarapids (see brochure submitted previously). Cedarapids guarantees its products to meet all pollution rules and regula- tions. It is expected that construction of the plant will be started in the summer of 1981, although the availability of equipment may delay the timing to some extent. The plant's operational charac- teristic is that it turns sand, rock and oil into asphalt. Almost any asphalt plant can be operated in compliance with county, state and federal laws and regulations. Method of opera- tion, rather than design, is the key to compliance. It is the intent of the applicant to operate the asphalt plant in compli- ance with all such laws and regulations. Specifically, the operation must and will comply with the county's "Industrial Performance Standards", Colorado Department of Health Air Quality Control Regulations and Noise Regulations, Colorado Department of Natural Resources Regulations, Colorado Department of Water Resources Regulations, and any other applic- able laws and regulations. The following information addresses the Garfield County Zon- ing Resolution, Section 5.03.07, Industrial Operations. 5.03.07.1(a) The very minor amounts of water required for operation of the asphalt plant will be supplied from waste water owned by Sievers Ranch and Development Company. Since the plant is to be located within the designated pit area, surface runoff will be con- tained within the property area and there will be no stream flow pollution. Asphalt materials penetration of the soils and over- burden is minor and cannot reach subsurface water. Therefore, there will be no pollution of groundwater. WEST ,IVIDE WATER CONSERVANCY D. :PRICT P. O. BOX 1478 RIFLE, COLORADO 81650-1478 625-1887 Officers President 876-2821 Kelly Couey 4745 C.R. 315 Silt, CO 81652 Vice President Joe Mautz, Jr. 6107 Highway 133 Carbondale, CO 81623 Treasurer LaVerne Starbuck 1859 C.R. 344 Silt, CO 81652 Secretary/Water Manager 625-1887 Russell George, Attorney Stuver & George, P.C. P. O. Box 907 Rifle, CO 81650 177. NOV 0 5 1993 .� __________ _...._..._..__....i$.-..✓ GARFIELD COUNTY November 3, 1993 Paul S. Bu sone Resource ngineering Inc. 802 Gra d Avenue, Suite 302 Glenwo d Springs, CO 81601 Board of Directors Kelly Couey 4745 C. R. 315 Silt, CO 81652 Joe Mautz, Jr. 6107 Highway 133 Carbondale, CO 81623 LaVerne Starbuck 1859 C.R. 344 Silt, CO 81652 Gregory Durrett 926 Blake Avenue Glenwood Springs, CO 81601 Samuel B. Potter 0598 C.R. 323 Rifle, CO 81650 Dear Paul: Re: Western Mobile Northern, Inc. Enclosed is the approved Amended Application and Data Form to Lease Water under contract No. 930409WM. Copies of the Amended Application and Data Form to Lease Water have been or are being submitted to the following entities: The State Division of Water Resources Division No. 5 Water Resources The Colorado River Water Conservation District The Garfield County Department of Planning District No. 45 Water Resources West Divide's Attorney and Engineer Sincerely yours, Janet Maddock, secretary to Russell George, secretary/water manager Enclosure cc The State Division of Water Resources w/enclosure Division No. 5 Water Resources w/enclosure The Colorado River Water Conservation District w/enclosure he Garfield County Department of Planning w/enclosure District No. 45 Water Resources w/enclosure Edward J. Cur er, Engineer w/enclosure Russell George, Attorney w/enclosure