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HomeMy WebLinkAbout1.00 ApplicationGARFIELD COUNTY LAND USE PERMIT APPLICATION RIFLE PIT #1 IHC SCOTT (SCOTT CONTRACTING INC.) March 30, 2021 Prepared by 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 970.945.5948 fax IHC Scott – Rifle Gravel Pit #1 March 2021 ii TABLE OF CONTENTS 1.0 General Project Narrative and Information 1-1 1.1 Project Overview 1-1 Mining Equipment 1-1 Staffing 1-3 General Schedule of Operations 1-3 Access 1-3 Request for Waivers 1-4 Water Supply and Distribution Plan Standard Waiver 1-4 Wastewater Treatment Plan Standard Waiver 1-4 Industrial Facility 100-Foot Setback 1-5 Wetlands Setback 1-5 Comprehensive Plan 1-5 Mining Plan and Schedule of Operations 1-5 Site Development and Grading (Phase 1) 1-5 Mining Preparation (Phase 2) 1-9 Mining Extraction (Phase 3 – in 2 Stages) 1-9 Reclamation (Phase 4) 1-12 1.2 Regulatory Provisions Applicant is Required to Address 1-12 2.0 Submittal Requirements 2-1 2.1 General Application Materials 2-1 2.2 Vicinity Map and Site Plan 2-1 2.3 Grading and Drainage Plan 2-1 2.4 Landscaping Plan 2-1 2.5 Impact Analysis 2-1 2.6 Development Agreement / Improvements 2-1 2.7 Basic Traffic Study 2-2 2.8 Water Supply / Distribution Plan 2-2 Waiver Request Justification (provided to Garfield County Public Health) 2-2 Well Permitting Process and Schedule 2-4 2.9 Wastewater Treatment Plan 2-5 Waiver Request Justification (provided to Garfield County Public Health) 2-5 2.10 Garfield County LUDC: Article 7 – Standards 2-6 Division 1 – General Approval Standards 2-6 Division 2 – General Resource Protection Standards 2-8 Division 3 – Site Planning and Development Standards 2-14 2.11 Floodplain Development Analysis 2-14 IHC Scott – Rifle Gravel Pit #1 March 2021 iii 2.12 Gravel Extraction Activities 2-14 Water Quantity and Quality Impacts/Floodplain Impacts 2-15 Summary of Augmentation Plan for Dewatering Operations 2-15 Air Quality 2-16 Noise/Vibration 2-16 Visual Mitigation 2-19 County Road System 2-19 Compatibility with Surrounding Land Uses 2-20 Revegetation / Reclamation 2-20 Description and Types of Reclamation 2-20 Post-Mining Land Use 2-20 Implementation of the Reclamation Plan 2-22 Topsoil Segregation, Preservation, and Replacement 2-22 Final Grading 2-22 Seeding 2-22 Temporary Seed Mix 2-22 Long-Term/Permanent Seed Mix 2-22 Fertilization 2-23 Revegetation 2-23 Topsoiling 2-23 Revegetation Success Criteria 2-23 Noxious Weed Control 2-23 Reclamation Plan Schedule 2-24 Previously Disturbed/Unnecessary Areas 2-24 Active Mining Areas 2-24 Monitoring Reclamation Success 2-24 Enforcement 2-25 3.0 Referral Agency Coordination 3-1 LIST OF TABLES Table 1. Estimated Areas of Disturbance to Support Gravel Mining 1-1 Table 2. Typical Equipment List 1-3 Table 3. Sound Monitoring Data 2-19 LIST OF FIGURES Figure 1. Project Overview 1-2 Figure 2. Estimated Drawdown of Groundwater Levels following 1 year of Continuous Dewatering (estimated 3 wells) 1-8 Figure 3. Stage 1 Mining Plan Details 1-10 Figure 4. Stage 2 Mining Plan Details 1-11 Figure 5. Vicinity Map 2-1 Figure 6. Ambient Noise Measurements at Rifle Pit #1 Property on September 30, 2020. 2-17 IHC Scott – Rifle Gravel Pit #1 March 2021 iv Figure 7. Noise Measurements from the Meeker, Colorado Scott Operations 2-18 Figure 8. Reclamation Plan 2-21 LIST OF APPENDICES Appendix A Forms Appendix B Traffic Study Access Permit Notice-to-Proceed Appendix C Appendix D Grading and Drainage Plan Appendix E Impact Analysis Wetlands Memo & Dewatering Plan Appendix F Noxious Weed Survey Appendix G Floodplain Development Analyses IHC Scott – Rifle Gravel Pit #1 March 2021 1-1 1.0 General Project Narrative and Information IHC Scott (Scott) [formerly Scott Contracting, Inc. (SCI)] is seeking a Land Use Change Permit for a commercial gravel pit (Rifle Gravel Pit #1) to be located on a 58.7-acre parcel just north of Interstate 70 (I-70), approximately 1-mile northeast of the Rifle Airport (Figure 1). The proposed gravel mining operations will occur in four phases. The phases are as follows: · Site development and grading (Phase 1) · Mining preparation (Phase 2) · Mining extraction (Phase 3 – in two stages, Stage 1, and Stage 2, limited to non- wetland areas) · Reclamation (Phase 4) The mining extraction areas associated with Phase 3, Stage 1 and Stage 2, has approximately 1-2 million tons of minable material that will be extracted over four years. These materials are anticipated to support various construction projects for future Garfield County (County) and Colorado Department of Transportation (CDOT) projects. The estimated area of disturbance during Stage 1 is 18.04 acres and 8.70 acres during Stage 2. A 12” dewatering pipeline will be installed during Phase 1 to collect water from the dewatering wells and convey it to the Colorado River. The land disturbance associated with the dewatering pipeline is temporary and estimated at 0.96 acres (3,622 linear feet with a 5-foot offset on both sides of the pipeline). The total estimated planned excavation area is provided in Table 1 and amounts to approximately 29.30 acres. Appendix C includes the Drawings depicting additional details and information associated with this proposed mining activity. Table 1. Estimated Areas of Disturbance to Support Gravel Mining Mining Operation Stage Area (acres) Dewatering Pipeline Construction (temporary disturbance) (Phase 1) 0.96 Stage 1 (Limits of Disturbance) (Phase 3) 18.04 Stage 2 (Limits of Disturbance) (Phase 3) 8.70 Operations Area (Phase 1) 1.6 Total 29.30 This document includes the information required by the County Planning Staff (Staff) in their Pre-Application Conference Summary (Appendix A), per the Garfield County Land Use and Development Code (LUDC). 1.1 Project Overview The following subsections highlight the activities and major elements of the project. Mining Equipment Various types of heavy equipment will be used for the mining and dewatering activities during the four phases of the project including, but not limited to: a work trailer, screening, and wash IHC Scott – Rifle Gravel Pit #1 March 2021 1-2 Figure 1. Project Overview IHC Scott – Rifle Gravel Pit #1 March 2021 1-3 equipment; heavy excavation equipment; and seeding and mulching equipment for reclamation operations. Table 2 lists typical equipment (and make) used at Scott’s gravel mining operations. Explosives will not be used during mining or reclamation of the property. Table 2. Typical Equipment List Equipment Make Generator CAT Jaw Crusher CED Material Belt SUP Screen Plant Tee Reticulate Belt SUP Cone Crusher Tee Stacker SUP Parts Trailer Pump (Dewatering) Godwin Water Truck Peco Water Tower (12k) Mega Fuel Tank (10k) SC Fuels Bulldozer CAT Excavator Volvo/CAT Sheepsfoot Bomag Scraper/Grader CAT Feeder FAB Stacker SUP Staffing Three to five employees will be present on the site. The specific numbers will vary depending upon the mining phase. General Schedule of Operations The Rifle Gravel Pit #1 will operate from 7 a.m. to 7 p.m. Monday through Friday, and weekends, as needed. Scott will limit winter operations between the hours of 7 a.m. and 5 p.m. Approximately 3 to 5 employees will be on site during the mining operations. No nighttime activities are anticipated. Occasional equipment repair, or maintenance may be conducted at night, but lighting will be kept to a minimum and directed inward; the site will not have ambient lighting. Access Access to the property is via I-70 North frontage road via Mamm Creek Road (Figure 1). Mr. Dale Stephens, Garfield County Road and Bridge Department, confirmed that the access permit for this project is through CDOT. Appendix B includes a copy of the signed CDOT State Highway Access Permit. IHC Scott – Rifle Gravel Pit #1 March 2021 1-4 Request for Waivers Scott is requesting four waivers: 1) the Water Supply and Distribution Plan standard (Article 7: 7-104 and 7-105); 2) the Wastewater Treatment Plan standard (Article 7: 7-104 and 7-105); 3) the 100-foot setback requirement for industrial facilities (Article 7-1001); and 4) the Wetlands setback requirement (Section 4-118). Accompanying explanations as to why the waivers from these standards are warranted are included with this application and were part of the agency referral comment resolution process. Water Supply and Distribution Plan Standard Waiver The Garfield County Public Health Department, Mr. Edward R. “Ted” White, (in a letter dated August 27, 2020 to Mr. Patrick Waller) communicated the following specific to the Potable Water waiver (see letter in Appendix H): “The location of the proposed project does not facilitate water service from either the Town of Silt or the City of Rifle. Additionally, the nature of development and dewatering of the gravel pit does not facilitate the drilling of a well for potable water use. The applicant proposes to purchase water for on-site use from a bulk water seller and haul to the site for storage and use. We believe that this proposed variance is acceptable, provided that adequate hand washing facilities, in addition to the mentioned water bottle filling are provided to employees during the proposed 12-hour days of operation. We would recommend that annual testing of the water in the storage facility on-site occur to ensure that water quality is maintained throughout the project. Additionally, we would recommend maintaining invoices from the bulk water purchases on-site in case an employee develops a water-borne illness, to allow for tracking of the potential water source. Garfield County Public Health supports this variance request from the Water Supply and Distribution standard, provided that hand washing stations are provided, and water quality is tracked.” In response to this comment, Scott will provide adequate hand-washing facilities and water bottle filling services to its employees during the daily operations. Water purchases and water quality documentation will also be retained for the drinking water and hand-washing water services. Wastewater Treatment Plan Standard Waiver The Garfield County Public Health Department, Mr. Edward R. “Ted” White, (in a letter dated August 27, 2020 to Mr. Patrick Waller) communicated the following specific to the Onsite Wastewater Treatment Systems (OWTS) waiver (see letter in Appendix H): “…Due to the nature of the gravel extraction process and this project, we agree that the construction of a traditional OWTS is not feasible for this project. However, we do not believe that the use of portable toilets during the five-year extraction phase…is acceptable from a public health and environment perspective. The use of a “vault-and- haul” system that utilizes and above-ground holding tank could be used and moved across the site as the project progresses. We would encourage the applicant to pursue a different avenue to handle wastewater than the use of portable toilets. We do not support the granting of this variance request from the Wastewater Treatment Plan standard, as viable options exist to meet this section”. IHC Scott – Rifle Gravel Pit #1 March 2021 1-5 Note this comment refers to an old mining plan that was going to develop the entire site in five stages. In response to this comment, Scott will contract with a vault-and-haul vendor to provide wastewater (and hand-washing water) services. Scott will have a trailer outfitted with two restrooms for staff. This trailer will have one 2,000-gallon tank to capture waste from the toilet and handwashing facilities. A high-level float alarm will also be installed and notify Scott when the tank needs to be pumped. The handwashing facilities will be designed to receive potable water (treated). Industrial Facility 100-Foot Setback Scott is requesting a waiver from this standard. Wetlands Setback The dewatering permit will cause a temporary disturbance of wetlands. Article 7-203.B (Structures Permitted in Setback) states that, “Irrigation and water diversion facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35-foot setback may be permitted”. Hence, Scott doesn’t believe that a Waiver of Standards applies for the pipeline as the installation of the pipeline will result in temporary impacts only. Comprehensive Plan The property is designated in the County Comprehensive Plan as within the Residential Medium High Density (2 to <6 acres per dwelling unit) and Silt Urban Growth Area. Mining Plan and Schedule of Operations Scott will develop the site and mine sections of the property in four primary phases. Phase 3, mining extraction, will occur in two stages. The project Drawings are included in Appendix C and provide additional details associated with this application and the Mining Plan. Site Development and Grading (Phase 1) This phase of the project will include minor site grading, vegetation removal and construction of the site access/driveway. Scott will not disturb the tailwater channel in its existing location and implement Best Management Practices (BMPs) to prevent mining operations from discharging into or comingling with these waters. Scott will install a low-water crossing at the existing tailwater culvert crossing or collect the water in a pipe. The existing topsoil will be stripped and used for the required berms along the perimeter of the site. These berms will be placed inside of a 25-foot set back area from the property line. These berms will be roughly 5-feet in height and 23-feet wide at the bottom and will help control noise produced during operation. These berms will serve many purposes but specific to drainage and erosion control they will prevent runoff of stormwater and intercept groundwater off site and protect the operations from the influence and flooding by the Colorado River. IHC Scott – Rifle Gravel Pit #1 March 2021 1-6 Note overburden materials across the site vary. The boring holes indicate the overburden depth can vary from 1 foot to 2.5 feet. Appendix C includes the typical cross-sections at the boring holes. The mine will use conventional earth moving equipment to stockpile topsoil and gravel including, but not limited to a bulldozer, track-hoe, and a 35-ton haul truck. IHC Scott – Rifle Gravel Pit #1 March 2021 1-7 Water Handling and Dewatering Stormwater Management Scott will apply for coverage under Permit No. COR400000, CDPS General Permit (for) Stormwater Discharges Associated with Construction Activity at least 10 days prior to the commencement of construction activities disturbing greater than or equal to 1 acre. This permit has several requirements that address water quality and stormwater management, including monitoring and reporting, and the development and implementation of a Stormwater Management Plan (SWMP). During the initial stages of mining, Scott will not disturb the tailwater channel in its existing location and implement BMPs to prevent mining operations from discharging into or commingling with these waters. Scott will install a low-water crossing at the existing tailwater channel crossing or collect the channel in a pipe. Dewatering Scott will also apply for coverage under Permit No. COG603000 (Discharges Associated with Subterranean Dewatering or Well Development) or Permit No. COG608000 (Discharges to Surface Water from Well Development and Pumping Test Activities) to manage dewatered water. The specific permit will be determined once the water is sampled and analyzed. Scott negotiated a temporary license agreement with the owner of the neighboring Shideler property (Parcel 217908100527) to the east that will allow Scott to bury a 12” dewatering pipeline that will collect and convey pumped dewatered water to the Colorado River (Appendix C Drawings). This pipeline will have an energy dissipation structure upstream of the discharge point to the Colorado River and an armored outfall to prevent erosion and sedimentation discharges into the Colorado River. The trenching and installation of the proposed dewatering pipeline will create temporary impacts to federally jurisdictional wetlands located on the Shideler property (Parcel 217908100527), and will also require a permanent outfall structure on the bank of the Colorado River, which will constitute a permanent impact to that jurisdictional water. A range of alternatives has been considered for this project and every effort has been made to avoid the discharge of dredged or fill material into waters of the United States. However, there are no practicable alternatives that avoid a minor and temporary filling of wetlands, which have been minimized to the extent possible by careful selection of the proposed pipeline route. An aquatic resources report and wetland delineation will be submitted to the Army Corps of Engineers (ACOE) in support of a nationwide permit application 39 (NWP 39) for Commercial and Institutional Developments. The NWP 39 application will encompass the pit mining stages (Stages 1-2) and the dewatering pipeline. All impacts from the dewatering pipeline are temporary; in accordance with NWP 39 conditions, during installation in wetland areas heavy equipment will work on mats to minimize surface disturbance, and topsoil will be segregated and reapplied following pipeline installation. No changes are proposed to the existing hydrologic conditions on the Shideler property; therefore, the wetland conditions will quickly re-establish in the pipeline route. The NWP 39 will be acquired prior to construction. IHC Scott – Rifle Gravel Pit #1 March 2021 1-8 Coverage under a Nationwide Permit No. 7 will also be obtained for the outfall to the Colorado River. Scott submitted a Watershed Permit Application to the City of Rifle to address the dewatering discharge within their Watershed Protection Area. Dewatering Pumping Information The rate of groundwater discharge (pumping) associated with dewatering is expected to approach about 7 cfs. Mr. Bill Hahn (Hahn Water Resources, LLC) predicted the anticipated dewatering operations (through modeling); however, this is an estimate based upon borings and groundwater level data. Mr. Hahn presented one possible dewatering configuration that might be employed for dewatering associated with the initial stages of mining. Figure 2 shows the estimated drawdown following one-year of dewatering using 3 wells in the vicinity of the Stage 1 and Stage 2 mining limits. Figure 2. Estimated Drawdown of Groundwater Levels following 1 year of Continuous Dewatering (estimated 3 wells) In this case, the dewatering might be accomplished using 3 wells plus temporary drains and pumps to capture incidental inflows, pumping at a combined rate of about 3 cfs. The number and size of the dewatering pump(s) will be determined once mining commences, however, Mr. Hahn assumed the wells would be drilled to a depth of 30 feet, constructed with nominal IHC Scott – Rifle Gravel Pit #1 March 2021 1-9 8-inch to 12-inch diameter casing and screen, equipped with 10 horsepower pumps and motors to pump 400 to 700 gallons per minute (gpm) and 2 to 4 centrifugal ditch pumps capable of pumping up to several hundred gpm of incidental pit inflows. The dewatering permit terms and conditions will require that this information be documented in the application. Appendix C includes a copy of Mr. Hahn’s reports. Mining Preparation (Phase 2) This phase of the project will include mobilization of the heavy equipment, work trailer, screening and wash equipment, and major site grading to prepare the site for mining activities. This phase of the project will include additional minor site grading and vegetation removal, as needed. Equipment for this phase will include, but not be limited to, a bulldozer, track-hoe, and a 35-ton haul truck. Water Handling and Dewatering Phase 1 dewatering activities will continue throughout this phase. No additional water diversions nor impoundments will be required during this phase. Mining Extraction (Phase 3 – in 2 Stages) Initial mining extraction operations will take place in 2 extraction stages and include the areas east of the delineated wetlands. Fencing will be installed at least 10-feet away from the tailwater channel and wetlands to prevent disturbance of these resources. Stage 1 of the mining extraction operation will start in the southeastern quadrant of the site, depicted in the Drawings in Appendix C (see also Figure 3). At this location, the crusher will be placed at existing grade as excavation proceeds down to the lowest elevation of the gravel. When enough material has been excavated in Stage 1, the crusher will be moved to the mining pit floor. Stage 2 will take place in the northeastern quadrant of the property (See Drawings in Appendix C or Figure 4). Scott will also monitor the response of the delineated wetlands on the property over the course of Phase 3 to determine if the wetlands are supported entirely by agricultural water (i.e. non- jurisdictional). If the wetlands are determined to be non-jurisdictional, Scott intends to submit a minor amendment to the Garfield County Land Use Change Permit to allow for expanded mining in the future. It should be noted that the dewatering pipeline on the Shideler property will already be installed and the associated disturbance will be revegetated during mining extraction. The location of the mining equipment in the bottom of the pit will support mitigation of the mining noise and dust. All stockpiling of material at this point also be done at this level. Stockpiling and Overburden Handling This phase of the project will include stockpiling of material for screening, washing and crushing processes. Sheets C5 and C6 in the Drawings (Appendix C) or Figure 3 and Figure 4 to see the approximate location of the stockpiles. Equipment for this phase will include, but not be limited to, a bulldozer, track-hoe, and a 35-ton haul truck. IHC Scott – Rifle Gravel Pit #1 March 2021 1-10 Figure 3. Stage 1 Mining Plan Details IHC Scott – Rifle Gravel Pit #1 March 2021 1-11 Figure 4. Stage 2 Mining Plan Details IHC Scott – Rifle Gravel Pit #1 March 2021 1-12 Water Handling and Dewatering Phase 1 dewatering activities will continue throughout this phase. Any water encountered at the bottom of the pit during this phase will be intercepted by a buried perforated pipe (estimated at three feet below the mining floor). It is assumed that any water captured in the perforated pipe will be pumped by the dewatering well. Scott will comply with the State Engineer Office’s (SEO) rules and regulations regarding any water depletions that may also occur during mining operations from water lost with mined aggregate and water used for dust suppression. Reclamation (Phase 4) The reclamation of the property will be completed as each mining stage is completed, per Sheet C8 of the Drawings (Appendix C) and restored back to natural conditions upon completion of each stage of mining activities. Areas disturbed during development shall be restored with natural-appearing landforms that blend with the adjacent undisturbed topography within 90 days of completion to meet County standards. Scott will start the reclamation process as soon as mining progresses throughout the site. After each mining phase is completed, Scott will start backfilling pits with excess dirt and unused material. The pits will not be filled in completely as part of the reclamation plan is to create a recreational pond. See Sheet C8 in Appendix C for proposed pond location. Areas disturbed by grading will be contoured so they can be revegetated and stabilize the surface from erosion. Trees, shrubs, bushy-type vegetation, and approved grasses will be planted as approved by the Natural Resource Conservation Service (NRCS) and/or County. Scott will achieve the required reclamation of the affected land per the Garfield County Land Use Permitting and seeding regulations using existing and available equipment. The primary reason for this goal is to minimize dust and erosion of the property and restore the site back to its natural conditions to the extent practicable. Sheet C8, Reclamation Plan, found in Appendix C, depicts the amount of acreage proposed for each reclamation activity. All reclamation will occur with specified equipment and methods for attaining successful revegetation of the property. It is assumed that an 18.4-acre pond will be present post-mining. 1.2 Regulatory Provisions Applicant is Required to Address This application was prepared according to the following regulatory provisions: · Garfield County Comprehensive Plan, 2030 · Garfield County Land Use and Development Code, as amended · Section 4-101 – Common Review Procedures · Section 4-105 – Major Impact Review · Section 4-203 – Submittal Requirements · Applicable Provisions from Article 7, Standards (Article 7, Divisions 1-3; Section 7- 1001 Industrial Use; and Section 7-1002 Gravel Extraction) · City of Rifle · Town of Silt · Colorado River Fire Rescue IHC Scott – Rifle Gravel Pit #1 March 2021 1-13 · CDPHE Air Quality · Division of Reclamation Mining and Safety (DRMS) IHC Scott – Rifle Gravel Pit #1 March 2021 2-1 2.0 Submittal Requirements Garfield County Planning Staff provided a list of the Submittal Requirements for this Major Impact Extraction, Gravel project. This section is organized per those requirements. 2.1 General Application Materials Section 4-203.B. of the LUDC lists forms and agreements that are required for the Permit Application, including: · Payment Agreement Form · Proof of Ownership (title work, copy of deed) · Statement of Authority Form · Names and Mailing Addresses (properties within 200 feet) · Mineral Rights Ownership · Pre-Application Summary Signed copies of these forms and agreements are included in Appendix A. 2.2 Vicinity Map and Site Plan Section 7-203.C. of the LUDC outlines various features that need to be included in a Vicinity map within a radius of approximately 3 miles of the project. Figure 5 depicts the Vicinity map. Section 4-203.D. outlines various features that need to be included in the Site Plan. Figures 1 through 3 depict various features associated with the Rifle Pit #1. Additionally, Appendix C includes the project Drawings that provide additional details. 2.3 Grading and Drainage Plan Section 4-203.E. of the LUDC outlines the elements of the Grading and Drainage Plan. Appendix D. 2.4 Landscaping Plan Section 4.203.F. of the LUDC outlines the Landscaping Plan requirements. This section of the LUDC also mentions that industrial uses are exempt from landscaping standards. Even though this is will be an industrial use, a reclamation and revegetation plan has been developed for the site. Please refer to Section 2.12.7 Revegetation/Reclamation regarding post-mining reclamation plans. 2.5 Impact Analysis Section 4-203.G. of the LUDC outlines the Impact Analysis requirements. This can be found in Appendix E. 2.6 Development Agreement / Improvements Section 4-203.J, K. of the LUDC outline the Development Agreement / Improvements Agreement requirements. Scott believes there are no vesting issues and identified IHC Scott – Rifle Gravel Pit #1 March 2021 2-1 Figure 5. Vicinity Map IHC Scott – Rifle Gravel Pit #1 March 2021 2-2 improvements to the North Frontage Road have been permitting and will commence upon approval of this permit application. 2.7 Basic Traffic Study Section 4-203. L. of the LUDC outlines the Traffic Study – Basic Traffic Study requirements. A copy of the CDOT-approved Traffic Impact Study is included Appendix B. The I-70 N Frontage Road (also known as CR 346) will be used to access the site (Figure 1). The County Road and Bridge staff confirmed that any increased traffic along this road are to be addressed using the CDOT process. 2.8 Water Supply / Distribution Plan Scott is requesting a waiver from this standard. The Garfield County Public Health Department, Mr. Edward R. “Ted” White, (in a letter dated August 27, 2020 to Mr. Patrick Waller) communicated the following specific to the Potable Water waiver (see letter in Appendix H): “The location of the proposed project does not facilitate water service from either the Town of Silt or the City of Rifle. Additionally, the nature of development and dewatering of the gravel pit does not facilitate the drilling of a well for potable water use. The applicant proposes to purchase water for on-site use from a bulk water seller and haul to the site for storage and use. We believe that this proposed variance is acceptable, provided that adequate hand washing facilities, in addition to the mentioned water bottle filling are provided to employees during the proposed 12-hour days of operation. We would recommend that annual testing of the water in the storage facility on-site occur to ensure that water quality is maintained throughout the project. Additionally, we would recommend maintaining invoices from the bulk water purchases on-site in case an employee develops a water-borne illness, to allow for tracking of the potential water source. Garfield County Public Health supports this variance request from the Water Supply and Distribution standard, provided that hand washing stations are provided, and water quality is tracked.” In response to this comment, Scott will provide adequate hand-washing facilities and water bottle filling services to its employees during the daily operations. Water purchases and water quality documentation will also be retained for the drinking water and hand-washing water services. Waiver Request Justification (provided to Garfield County Public Health) Justification for this request are addressed per the requirements outlined in Section 4-203.M. of the LUDC, as applicable. Overall, the Rifle Pit property cannot be supplied potable water from City of Rifle or Town of Silt, as the property is more than a mile from the City of Rifle’s water system and more than a mile from the Town of Silt’s water system. Scott communicated with City of Rifle and Town of Silt on October 29, 2019 and confirmed that neither entity could serve the Rifle Pit Property without significant infrastructure improvements and line extensions. IHC Scott – Rifle Gravel Pit #1 March 2021 2-3 Scott also considered drilling a commercial exempt well on the property to supply potable drinking water supply during mining operations. However, operation of a well is not feasible for the following reasons: · Dewatering operations are expected to drop the water level such that a well would not be able to operate. · Most potential locations for the well would have to be moved when that portion of the property is eventually mined. Because potable water is not available from City of Rifle or Town of Silt and because drilling a well for potable water on the property is not feasible given the mining plan, Scott is requesting a waiver for constructing a permanent potable water supply and distribution system and would like to, instead, haul potable water onto the site to supply employees with potable water. · Water for potable uses only. o Water supply at the Rifle Pit will be for potable uses only. · Available water and ability to support potable drinking water only (no landscape or irrigation). o There will be no landscape irrigation on the Rifle Pit property. As described above, potable water is not available from City of Rifle or Town of Silt and drilling a well for potable water on the property is not feasible given the mining plan. Scott is therefore planning to truck potable water onto the site to supply employees with potable water. Scott will supply employees with an adequate amount of potable drinking water (estimated at 15 gallons per shift with five employees as described in Item 5 below). · A minimum 4-hour pump test will be performed on the well. The results of the pump test will be analyzed and summarized in a report, including basic well data (size, depth, static water level, aquifer, etc.) pumping rate, draw down recharge, and estimated long-term yield. o Potable water will not be provided by a well as this option is not feasible given the mining operations (as described above). Potable water will be trucked onsite as described above. Because there will be no well for potable supply, no pump test will be conducted. · The report shall be prepared by a qualified professional engineer or ground water hydrologist and shall include an opinion that the well will be adequate to supply water for the proposed uses. The report shall also address the impacts to ground water resources in the area. o Because potable water will be trucked onsite and not provided by a well (as described above), there will be no well for potable supply. Because there will not be a well, no pump test or pump test report is required. · An estimate of the water supply requirements for the proposed development through build-out conditions. o The number of employees on-site will vary from three to a maximum of five, depending upon the phase of development (See Section 1.1.7). General Occupational Safety and Health Administration (OSHA) requirements regarding potable drinking water do not specify a quantity, but State of California OSHA standards require each employee be provided with one quart of water per hour during each shift for drinking water, where potable water is not supplied by plumbing (State of California T8CCR 3395(c)). Hours of operation will be from 7 a.m. to 7 p.m. 5 days per week. For five employees on IHC Scott – Rifle Gravel Pit #1 March 2021 2-4 a shift, the potable water demand would be 15 gallons per shift, 75 gallons per week, and 3,900 gallons per year. · A description of the physical source of water supply that will be used to serve the proposed development. o Because potable water is not available from City of Rifle or Town of Silt and because drilling a well for potable water on the property is not feasible given the mining plan, Scott will truck potable water onto the site to supply employees with potable water. Scott can truck in water to supply a fill station onsite to allow employees to fill water bottles or could supply potable water with single use water bottles. Trucked water can be refilled from the Town of Silt bulk water sales location on South 7th Street (approximately five miles from the Rifle Pit site. Bulk water can be purchased at a rate of $0.50 per 50 gallons of water using a pre-paid bulk water card purchased from the Town. The cost of potable water supply from Town of Silt bulk water is approximately $40 per year for five employees. · An estimate of the amount of water yield projected from the proposed water supply under various hydrologic conditions. o Because water will be trucked onsite, an analysis of yield under various hydrologic conditions is not required. Water supply will be available from bulk water trucked onsite or from bottled water. · Water conservation measures, if any, that may be implemented within the proposed development. o Water will be conserved by not having any landscape or lawn irrigation on the property. Water will also be conserved by using portable toilets rather than flush toilets. · Water demand management measures, if any, that may be implemented to address hydrologic variations. o Water demand management measures are not required to address hydrologic variations. Because water will be trucked onsite, water availability is not vulnerable to hydrologic variations. · Fill station – submerged water tank/cistern. o Potable water trucked onto the site will be provided to employees from a water fill station. The water fill station will be located in or near the office trailer on the property. The water fill station will be a closed tank to prevent contamination and will be filled by trucking water to the site from the bulk water sales location (such as Town of Silt bulk water sales on South 7th Street). One example of a jobsite potable water fill station is the PolyJohn FWD3-1000 Water Works 93- gallon freshwater system, which is designed for providing fresh water at office trailers and uses a built-in on-demand pump (requires 120-volt hookup). With five employees (75 gallons of water per week) a 93-gallon tank would need to be refilled slightly less often than once per week. As a backup, single use gallon water jugs could be provided. Well Permitting Process and Schedule SGM is working collaboratively with Scott and Balcomb and Green, P.C. (water rights attorneys) in preparing a water court application for this project. Mapping, legal descriptions for the point of diversion, water demand analysis and water supply availability opinions can be provided upon request. IHC Scott – Rifle Gravel Pit #1 March 2021 2-5 2.9 Wastewater Treatment Plan Scott is requesting a waiver from this standard. The Garfield County Public Health Department, Mr. Edward R. “Ted” White, (in a letter dated August 27, 2020 to Mr. Patrick Waller) communicated the following specific to the Onsite Wastewater Treatment Systems (OWTS) waiver (see letter in Appendix H): “…Due to the nature of the gravel extraction process and this project, we agree that the construction of a traditional OWTS is not feasible for this project. However, we do not believe that the use of portable toilets during the five-year extraction phase…is acceptable from a public health and environment perspective. The use of a “vault-and- haul” system that utilizes and above-ground holding tank could be used and moved across the site as the project progresses. We would encourage the applicant to pursue a different avenue to handle wastewater than the use of portable toilets. We do not support the granting of this variance request from the Wastewater Treatment Plan standard, as viable options exist to meet this section”. In response to this comment, Scott will contract with a vault-and-haul vendor to provide wastewater (and hand-washing water) services. Scott will have a trailer outfitted with two restrooms for staff. This trailer will have one 2,000-gallon tank to capture waste from the toilet and handwashing facilities. A high-level float alarm will also be installed and notify Scott when the tank needs to be pumped. The handwashing facilities will be designed to receive potable water (treated). Waiver Request Justification (provided to Garfield County Public Health) Requirements outlined in Section 4-203.N. of the LUDC are listed and addressed below to support the request for a waiver. · If the proposed land use is to be served by an existing public collection system and treatment facilities, evidence that provision has been made for adequate service to the proposed land use, in compliance with State and local regulations. o Because sewer services are not available from City of Rifle or Town of Silt Scott will provide portable toilets for the wastewater needs. · If On-Site Wastewater Treatment Systems (OWTS) are proposed. o No OWTS will be installed and Scott will provide portable toilets for wastewater needs. · If a new wastewater treatment facility is proposed. o Scott will provide portable toilets for wastewater needs. No wastewater treatment facilities are proposed for this operation. · Description of the proposed method of financing the collection and treatment facilities. o Scott will provide portable toilets for wastewater needs. No financing is needed to support a collection and treatment facility for this proposed operation. · Wastewater System Design o Scott will provide portable toilets for wastewater needs. No wastewater treatment facilities are proposed for this operation. · Occupancy Restrictions o Not applicable for this application and proposed development. · Repair and Maintenance IHC Scott – Rifle Gravel Pit #1 March 2021 2-6 o Not applicable for this application and proposed development. · Public Systems o Overall, the Rifle Pit property cannot be supplied by the City of Rifle or Town of Silt, as the property is more than a mile from the City of Rifle’s and the Town of Silt’s wastewater systems. · Private Systems o The Rifle Pit property is located more than one mile from the City of Rifle and the Town of Silt’s wastewater facilities. o The suitability of the soils and planned mining operations of the property will not allow for an OWTS, therefore Scott will be placing portable toilets on-site to support the sewer needs of the three to five employees. No public use of these facilities will be allowed. 2.10 Garfield County LUDC: Article 7 – Standards Division 1 – General Approval Standards Section 7-101. Zone District Use Regulations The property is currently zoned Rural, and this application proposes to pursue gravel mining activities on this property. All requirements of Article 3, Zoning, will be met with this proposal, through the Major Impact Review – Land Use Change Permit process. Section 7-102. Comprehensive Plan and Intergovernmental Agreements The 2030 Garfield County Comprehensive Plan addresses mining in Chapter 3, Section 9 – Mineral Extraction. It states that Garfield County has significant mineral resources that have, and will continue to have, a considerable benefit to the economic health of the county. The goals set in place want to make sure that mineral extraction is regulated appropriately and promotes responsible development. The Future Land Use map from the Comprehensive Plan illustrates the subject property as Residential Medium High (RMH). Scott goes into detail in various reports and narratives as how the proposed mining operations will operate in conformance with multiple regulatory agencies. Scott’s adherence to regulatory policies and rules will result in limited, short term impacts to the surrounding properties while infusing economic benefits, promoting a thriving community, and minimizing impacts to wildlife. Section 7-103. Compatibility The nature, scale, and intensity of the proposed gravel mining operation will be compatible with adjacent land uses. The surrounding land uses are industrial and agricultural in nature and there is an oil/gas pad to the west and agricultural uses to the north and east. Garfield County is a “Right to Mine” County guaranteeing mineral rights owners the right to extract minerals in all zone districts of the county. Visual and sound impacts will be mitigated with Garfield County Conditions of Approval and DRMS Standards. IHC Scott – Rifle Gravel Pit #1 March 2021 2-7 Section 7-104. Source of Water The project has a legal and adequate water supply plan. Mining of an aggregate deposit like the Rifle Pit will involve affecting local groundwater and surface water. During active mining operations, local dewatering efforts will pump groundwater to allow for aggregate mining. During active mining, a perforated pipe will be buried three feet below the mining floor to intercept additional groundwater, as needed during each mining phase. It is assumed that this water will be collected in the dewatering pipeline and discharged to the Colorado River. Water depletions will occur during mining operations from water lost with mined aggregate and water used for dust suppression. On-site sourced water will not be used for potable water demands. After mining is completed water depletions from the pit will be solely from evaporation of the exposed groundwater in the finished gravel pit pond. Augmentation of the exposed and captured groundwater is required per Colorado’s Revised Statutes (CRS) to protect downstream senior water right holders and will be addressed by Scott prior to subsurface mining. Section 7-105. Central Water Distribution and Wastewater Systems Scott is requesting a waiver from these standards. See Sections 2.8 and 2.9 of this application. Section 7-106. Public Utilities No additional public utilities are required for this project. There is an existing electric service connection adjacent to the property along the I-70 N Frontage Road. Section 7-107. Access and Roadways The proposed mine will be accessed using the existing private driveway off the I-70 N Frontage Road. The current access road will be improved by widening the driveway so trucks and other machinery will be able to enter and exit from the property. The access road meets or exceeds minimum County standards and comply with the CDOT standards too, for adequate and safe access and will support projected Average Daily Traffic (ADT) at full build out (Appendix B). Section 7-108. Use of Land Subject to Natural Hazards The subject property is not located within any known natural hazard areas. Section 7-109. Fire Protection Mr. Orrin Moon at the Colorado River Fire Rescue (CRFR) documented his input regarding the Rifle Gravel Pit #1 project in his letters to Mr. Patrick Waller (July 27, 2020 and January 21, 2021). Copies of these letters are included in Appendix H. In summary, Mr. Moon requested the following actions of Scott for this property: “The Scott Contracting Rifle Gravel Pit #1 shall have a Garfield County assigned address and the address numbers shall be posted at the entrance of the gravel pit…CRFR is willing to work with Scott Contracting and Garfield County (to identify an address)…” In response to this comment, Scott will work with CRFR and Garfield County to assign an address for the Rifle Pit #1 property. IHC Scott – Rifle Gravel Pit #1 March 2021 2-8 “Any open burning during clearing and grubbing of the gravel pit site and operation of the gravel pit shall obtain Colorado River Fire Rescue Burn Permits and State of Colorado Open Burning Permit. All pertinent permit requirements shall be followed when burning.” In response to this comment, Scott will obtain a CRFR Burn Permit and State of Colorado Open Burning Permit, if needed. It should also be noted that Scott will not allow materials or wastes to deposited in areas susceptible to causing them to be transferred off the property. Division 2 – General Resource Protection Standards Section 7-201. Agricultural Lands The proposed mine will not have a negative impact on agricultural lands or operations. There is one tailwater channel of the Last Chance Ditch that runs across the property from east to west and ultimately discharges into the Colorado River. Scott will not disturb the tailwater channel in its existing location and implement Best Management Practices (BMPs) to prevent mining operations from discharging into or comingling with these waters. Scott will install a low-water crossing at the existing tailwater culvert crossing or collect the water in a pipe. The Last Chance Ditch is located south of the property on the south side of I-70. Section 7-202. Wildlife Habitat Areas The impact to area wildlife should be minimal as a result of this project. A 5-foot tall berm will be constructed around the perimeter of the site during mining operations, therefore some wildlife may experience a slight change in traveled corridors to maneuver around the mine area. Scott will work with the Colorado Parks and Wildlife and address any concerns they have regarding area wildlife and animal habitat. Regarding preservation of native vegetation Scott will reclaim the site and reseed with native vegetation recommended by the soil conservation district that will be lost during operations. See Sheets C8 and C9 for a list of the specific seeding and vegetation proposed for the Rifle Pit #1 area. Mr. Kirk Oldham, Colorado Parks and Wildlife, provided comments in a letter dated August 28, 2020 regarding the Rifle Pit #1 project. Following is a summary of his comments: “CPW recommends that all work equipment be sanitized and have any existing dirt, vegetation, or seeds from landscaping and operation all work be removed before leaving the work area.” In response to this comment, Scott will practice proper equipment cleaning to minimize transport of noxious weeds, dirt, vegetation, or seeds off-site. “CPW recommends that measures be taken to avoid excessive sedimentation into the Colorado River at the point of the operation.” In response to this comment, Scott will apply for coverage under Permit No. COR400000, CDPS General Permit (for) Stormwater Discharges Associated with Construction Activity at least 10 days prior to the commencement of construction activities disturbing greater than or equal to 1 acre. This permit requires installation of erosion and sediment controls, including at the point of discharge of the dewatering pipeline to the Colorado River. IHC Scott – Rifle Gravel Pit #1 March 2021 2-9 This will reduce any impacts to the critical habitat for Threatened and Endangered species downstream from the proposed operation. This permit has several requirements that address water quality and stormwater management, including monitoring and reporting, and the development and implementation of a Stormwater Management Plan (SWMP). Scott will also apply for coverage under Permit No. COG603000 (Discharges Associated with Subterranean Dewatering or Well Development) or Permit No. COG608000 (Discharges to Surface Water from Well Development and Pumping Test Activities) to manage dewatered water. The specific permit will be determined once the water is sampled and analyzed. Coverage under a Nationwide Permit No. 7 will also be obtained for the outfall to the Colorado River. Scott also submitted a Watershed Permit Application to the City of Rifle to address the dewatering discharge within their Watershed Protection Area. “CPW identified the area that the proposed project will be occurring in as Winter Concentration Areas for both Mule Deer and elk. CPW recommends operational hours take place between the hours of 7 a.m. and 5 p.m.” In response to this comment Scott will limit winter operation hours between the hours of 7 a.m. and 5 p.m. “Any new fencing needed for the proposed project should be constructed with wildlife friendly fence.” In response to this comment Scott will install wildlife friendly fence, if needed. “The U.S. Fish and Wildlife Service should be consulted in regards to other Threatened and Endangered plant and animal species which may be found at the site of the proposed operation.” In response to this comment Scott had SGM evaluate the potential impacts to seven Federally listed plant species. Seven federally listed species were evaluated for potential impacts resulting from this project, per the USFWS Threatened and Endangered species list for the project area (IPaC, September 2020). Based on this analysis, the USFWS identified the following species as having potential to occur within the vicinity of the project: Birds: yellow-billed cuckoo (Coccyzus americanus), Mexican spotted owl (Strix occidentalis lucida) Fishes: bonytail chub (Gila elegans), Colorado pikeminnow (Ptychocheilus lucius), humpback chub (Gila cypha), razorback sucker (Xyrauchen texanus) Flowering Plants: Debeque phacelia (Phacelia submutica), Ute ladies’-tresses orchid (Spiranthes diluvialis) Birds: The project area occurs within the range of the yellow-billed cuckoo; however, the project would not impact any mature cottonwoods or riparian woodland habitats. The conditions on the property are generally open pasture and wet meadow/emergent marsh, which are not utilized by the cuckoo, and therefore no nesting or foraging habitat would be IHC Scott – Rifle Gravel Pit #1 March 2021 2-10 directly impacted. The Mexican spotted owl relies on deep shaded canyons, typically with closed canopy forest: there is no habitat for this species in the project area or regional surroundings. Fishes: The Colorado River adjacent to and downstream of the project contains potentially occupied habitat for the four endangered fish species, and designated Critical Habitat for the pikeminnow and razorback sucker is located approximately 5 miles downstream at the Rifle Bridge. The water depletions associated with the project have the potential to impact the four fish species and would trigger consultation requirements with USFWS. There are temporary depletions associated with the operation of the gravel pit, and there are permanent depletions associated with evaporative losses from the reclamation pond. SGM is developing an augmentation plan that would offset both temporary and permanent depletions from authorized sources, and that would maintain the existing water conditions in the downstream habitats. Flowering Plants: Debeque phacelia is limited to arid badland exposures of Wasatch formation; there is no such habitat within the project area or surrounding vicinity, and no potential for this project to affect the phacelia. The project area does contain low-elevation open wet meadows that constitute potential habitat for Ute ladies-tresses orchid. The nearest known populations of the orchid are in the Roaring Fork Valley in the vicinity of the Iron Bridge neighborhood of Glenwood Springs, approximately 30 miles upstream from the project. Repeated surveys of suitable orchid habitat in the Colorado River valley have failed to locate any orchid populations outside the Roaring Fork, therefore it is unlikely that the species would occur on the project location. However according to the interim survey guidelines (USFWS, 1992) the portions of the property that consist of wet meadows that are not continuously inundated and not dominated by cattails/bulrush/reedgrass do constitute potential habitat. These areas of potential habitat are limited to the western portion of the property. There is no suitable habitat within the initial development area of Stages 1-2 and the dewatering pipeline. Orchid presence/absence surveys can only be conducted during the blooming season (late July through August). Given the existing database of negative survey findings in the surrounding area and the absence of habitat in the initial development areas, SGM proposes to evaluate habitat suitability at a micro-site scale during the proposed quarterly wetland monitoring. Areas that are identified as highly-suitable based on the USFWS interim guidelines would be further evaluated during the blooming season for the presence of orchids. No disturbance to suitable habitat would occur prior to such a habitat suitability analysis, in concert with a formal orchid survey if warranted. “CPW has concerns with the migration of unwanted predatory fish from the recreational pond into the Colorado River and recommends a berm in between the pond and the adjacent property be constructed.” In response to this comment Scott will leave the construction perimeter berm in place along the east, north, and western portions of the property for the reclaimed condition. Note the height of the berm may change to achieve a balance for prohibiting fish passage on/off the property and safe wildlife access. See the attached revised drawings, Appendix C, Sheet C8. “CPW recommends additional seeding and planting of native brush species as well as several cottonwood trees in any area disturbed by the proposed mining operation that will not be turned into grazing pastures.” IHC Scott – Rifle Gravel Pit #1 March 2021 2-11 In response to this comment Scott will consider additional seeding and planting as recommended, however received input and guidance from the Garfield County Vegetation Manager. NRCS has also reviewed the proposed wetland and upland seed mixes and application notes and provided approval with the proposed seed mixes (Stephen Jaouen via email, 10/20/2020). See the attached Drawings (Sheet C8) which provide additional seeding and planting details. “The recreational pond should be constructed with bank slopes of 3H:1V ratios or several escape ramps to allow for any wildlife to escape from pond.” In response to this comment Scott has included a Typical Detail for the pond with a maximum 3:1 slope for the submerged portions of the pond (based upon the estimated groundwater levels). See Sheet C8 in Appendix C. Section 7-203. Protection of Waterbodies The property currently has a tailwater channel of the Last Chance Ditch, which generally bisects the property from east to west and discharges into the Colorado River. Scott will not disturb the tailwater channel in its existing location and implement BMPs to prevent mining operations from discharging into or comingling with these waters. Scott will install a low-water crossing at the existing tailwater culvert crossing or collect the water in a pipe. The Last Chance Ditch is located south of the property on the south side of I-70. Scott will implement the following actions to support wetlands avoidance. The Drawings in Appendix C depict the location of these improvements and modifications. • Fence off the wetlands delineated on the Rifle Pit property and focus initial mining operations in the areas (generally) east of these wetlands, at least 10 feet from the delineated edge of the wetlands. • Monitor the wetland condition and extent, and surface water conditions, throughout the initial mining stages. Monitoring will use standard wetland delineation techniques in compliance with Army Corps requirements. • Monitor the current groundwater depth and the response to pit dewatering throughout the initial mining stages, using professionally installed piezometers. • Mine around and avoid the tailwater channel across the property through re-staging the activities Section 7-204. Drainage and Erosion The existing topsoil will be stripped and used for the required berms along the perimeter of the site. These berms will be placed inside of a 25-foot set back area from the property line. These berms will be roughly 5-feet in height and 23-feet wide at the bottom built at 2H:1V slope. This berm will also mitigate noise produced during operation. These berms will serve many purposes but for specific to drainage and erosion control they will prevent runoff of stormwater and intercepted groundwater off site and protect the operations from the influence and flooding by the Colorado River. The mined area disturbed from the mining operations will be contoured so they can be revegetated and will be revegetated to stabilize the surface from erosion. Section 2.12.8 addresses the temporary and permanent seeding activities and mixes to minimize erosion on and off-site. This section also addresses the larger reclamation plans for the site. IHC Scott – Rifle Gravel Pit #1 March 2021 2-12 The site will have an 18.4-acre recreational pond and the remainder of the site will be graded to compliment the surrounding topography and support revegetation. The external slopes will be mined and graded at a 4:1 slope. Trees, shrubs, bushy-type vegetation and approved grasses will be planted as approved by the NRCS and/or County. When final landform is achieved, the surface will be stabilized by vegetation to reduce further soil erosion from wind or water, provide forage and cover, prevent dust as required by State Statute, and reduce visual impacts. A uniform vegetative cover will be established with an individual plant density of at least 70% of pre-disturbance levels within 4 growing seasons per Garfield County requirements. Noxious weeds will not be counted as part of the 70% cover. The seed mixes in on Sheet C9 in Appendix C will be used to revegetate the site. Section 7-205. Environmental Quality The proposed gravel extraction operations will not cause the air quality to be reduced below acceptable levels as established by the Colorado Air Pollution Control Division. There will be no hazardous material stored or used at the proposed mine. Scott will apply for coverage under an Air Pollutant Emissions Notice (APEN), if needed, upon approval of the project. Based upon experience in similar operations at the Meeker, Colorado site, the first year of operation will likely not require coverage, however, and will inform the APEN application for following years of operation. An excerpt of the email from Mr. Christopher Reinhardt, Environmental Protection Specialist from the Colorado Air Pollution Control Division, to Scott confirming that the operations of the White River Pit near Meeker, Colorado, are below the APEN reporting thresholds of 2 tons per year is included below. IHC Scott – Rifle Gravel Pit #1 March 2021 2-13 Section 7-206. Wildfire Hazards The subject property falls within the Not Rated (NR) and Low Rating on the Garfield County Wildland Fire Susceptibility Index Map. Section 7-207. Natural and Geologic Hazards The area proposed for mining operations is not a known natural or geologic hazard area. Section 7-208. Reclamation Scott plans to reclaim the property as each mining stage commences. Areas disturbed during development shall be restored with natural-appearing landforms that blend with the adjacent undisturbed topography within 90 days of completion to meet Garfield County standards. Scott IHC Scott – Rifle Gravel Pit #1 March 2021 2-14 will start the reclamation process as soon as mining progresses throughout the site. After each mining phase is completed, Scott will start backfilling pits with excess dirt and unused material. The pits will not be filled in completely as part of the reclamation plan is to create a recreational pond. The site will be graded to compliment the surrounding topography. Area disturbed by grading will be contoured so they can be revegetated and will be revegetated to stabilize the surface from erosion. Trees, shrubs, bushy-type vegetation and approved grasses will be planted as approved by the NRCS and/or County. Division 3 – Site Planning and Development Standards Section 7-301. Compatible Design The surrounding properties are primarily agricultural and industrial in use therefore should not have any compatibility issues. Section 7-302. Off-Street Parking and Loading Standards There will be adequate on-site parking for mining and construction activity, within the property owned by Scott. Section 7-303. Landscape Standards Where possible, Scott will work with the existing vegetation on the site, and if additional landscaping materials are needed, the native vegetation found on site will be mimicked to better ensure successful plantings. Section 7-304. Lighting Standards There will be no exterior lighting of the proposed facility. Section 7-305. Snow Storage Standards There will be adequate area for snow removal and storage within the property. Section 7-306. Trail and Walkway Standards Not applicable. 2.11 Floodplain Development Analysis Scott understands that when a project is located within a Special Flood Hazard Area, if there is an indication or suggestion that a project is located in a SFHA, or if a project is a division of land or a PUD over 5 acres in size or proposes 50 lots or greater, the application must include a Floodplain Analysis. A hydraulic model was developed using HEC-RAS to simulate flooding effects during the 100-year flood event both before and after the proposed mining operation. Hydraulic stresses were analyzed to determine appropriate erosion control and structural characteristics of the earthen berm to withstand flood conditions. The difference between the existing and proposed WSE was computed as the rise in the WSE. A summary of the model WSE results is included in Appendix G. 2.12 Gravel Extraction Activities Section 7-1002 of the LUDC requires the following information be addressed for Gravel Extraction activities. IHC Scott – Rifle Gravel Pit #1 March 2021 2-15 Water Quantity and Quality Impacts/Floodplain Impacts The Rifle Pit site will not store flammable or explosive solids or gases other than those required to power the equipment and machinery. The site has been adequately designed to handle the storage of flammable or explosive solids or gases and that the methods comply with the national, State, and local fire codes and eliminate exposure to surface and ground waters. This project will not allow materials or wastes to deposited in areas susceptible to causing them to be transferred off the property. Per the Floodplain Overlay Regulations and Development in 100-Year Floodplain requirements included in Sections 3-301 and 4-109 of the LUDC, respectively, the site design will prevent: · Storage of fuel or hazardous materials including concrete/asphalt Batch Plants within the Floodway, and: · Includes a dewater/discharge plan that provides a detailed graphic representation of how dewatering operations shall occur. This plan shall demonstrate that the discharge will not exceed State standards for discharge into a water course or Wetland. Appendix E includes a copy of a wetland report and dewatering plan. Summary of Augmentation Plan for Dewatering Operations To prevent injury to downstream water rights, the depletions from the Rifle Pit mining operations will have to be replaced in time, amount, and location during times of a downstream senior call. Some of this augmentation water can come from the dry-up of historically irrigated fields that are removed from irrigation (dried) when the use of the property changes to gravel mining. Whatever depletions are not covered by credits from the dry-up can be augmented with water from a contract with the Colorado River Water Conservation District (River District) or the West Divide Water Conservancy District (West Divide). Estimates of water demands and augmentation supply are discussed in more detail in the August 6, 2019 SGM memo titled Preliminary Water Resources Summary for Rifle Gravel Pit: Water Demands and Augmentation Supply. A copy of this memo can be provided upon request. During active mining operations, local dewatering efforts will pump groundwater from near the Rifle Pit to allow for aggregate mining. Pumped water will likely be discharged into an onsite drainage dewatering trench. Evaporation during active mining occurs from groundwater exposed by dewatering, from the surface area of the dewatering trench(es). Water depletions will also occur during mining operations from water lost with mined aggregate and water used for dust suppression. After mining is completed and the pit can fill, water depletions from the pit will be solely from evaporation of the exposed groundwater in the finished gravel pit pond. Scott will file an application with water court for an augmentation plan decree to replace depletions from the Rifle Pit operations (both during and after active mining operations). It can take 1-3 years to go through the water court process and get a signed decree for an augmentation plan, depending on negotiations with the Division of Water Resources and any potential opposers. Therefore, Scott will also file an application for a Substitute Water Supply Plan (SWSP) which will allow the gravel pit to operate without causing injury to other water rights holders before a final decree is entered, with temporary approval from the State IHC Scott – Rifle Gravel Pit #1 March 2021 2-16 Engineer. An SWSP can only be approved for one year, but the applicant may request renewal of the SWSP by repeating the application. Air Quality Scott understands that evidence needs to be submitted that that uses shall have current CDPHE air pollution permits and shall meet emissions standards. The proposed gravel extraction operations will not cause the air quality to be reduced below acceptable levels as established by the Colorado Air Pollution Control Division. There will be no hazardous material stored or used at the proposed mine. Scott will phase the mining activities to be less than 100,000 tons during the first year of operations. Scott will size the equipment requirements during this first year of operation and apply for coverage under an APEN, if applicable. Noise/Vibration Scott understands that the LUDC, Division 7-1002 for Gravel Extraction, Section C. Noise/Vibration, specifies noise thresholds per Neighboring Use (see Table 7-1002). The property to the east has a Residential use and the noise threshold from 7 a.m. to 7 p.m. is 55 dB(A) and from 7 p.m. to 7 a.m. is 50 dB(A). Scott collected ambient noise levels1 on September 30, 2020 between 12:38 p.m. and 12:45 p.m. at various locations to get the ambient noise readings from the neighboring interstate. The modeling analysis was developed to predict operational sound levels at adjacent properties and verify compliance of operations with the Colorado Revised Statutes (CRS) 25-12-103 noise standards (Figure 6). The ambient noise level measured at a location on the Rifle Pit #1 property approximately 100 feet from a point on the north side of I-70 (Fence) was 55.7 dB(A). This level is equivalent (and slightly greater) than the Residential use noise threshold for the 7 a.m. to 7 p.m. timeframe. Scott also took noise measurements from one of their existing operations that would reflect the proposed operations and equipment for the Rifle Pit #1 (Figure 7). The projected noise level at the Residential property boundary would be about 70.8 dB(A) assuming the equipment is placed 200 feet inside the boundary. This projected noise level doesn’t account for the equipment being on the floor of the pit, approximately 30 feet below the existing grade, nor does it include the impact of the perimeter berms to provide noise mitigation. The net effect of the Scott Rifle Pit #1 operations only is expected to be below the 50 dB(A) threshold for neighboring Residential use. Scott could measure noise levels upon commencement of mining operations; however, with the ambient noise levels of I-70, they would not be representative. Table 3 summarizes Scott’s noise data. 1 Ambient Noise (per LUDC definition). The total of all noise in a situation, independent of the projected noise from any new particular source or increase in existing sources of noise. Ambient noise includes both sustained background readings and existing fluctuations in noise levels. IHC Scott – Rifle Gravel Pit #1 March 2021 2-17 Figure 6. Ambient Noise Measurements at Rifle Pit #1 Property on September 30, 2020. IHC Scott – Rifle Gravel Pit #1 March 2021 2-18 Figure 7. Noise Measurements from the Meeker, Colorado Scott Operations IHC Scott – Rifle Gravel Pit #1 March 2021 2-19 Table 3. Sound Monitoring Data Sound Monitoring SCI-001 Sand & Gravel Operations Meeker, Colorado Distance from Active Mining Operations Measured Noise Level (dBA) Ambient Noise Measurement Location Measured Ambient Noise Level (dBA) 25 ft. 85.7 50 ft. 82.5 75 ft. 79.1 100 ft. 77.8 125 ft. 76.3 150 ft 75.3 175 ft. 74 200 ft. 70.8 CDOT Fence (Fence between CR 346 and I-70) 71.2 225 ft. 69.9 Centerline of CR 346 69.8 250 ft. 68.5 275 ft. 67.9 300 ft. 66.8 325 ft. 66.3 350 ft. 65.7 375 ft. 65.5 SCI Property Line 60.7 400 ft. 63.9 100-ft inside SCI’s Property Line 55.7 (Source: Noise Monitoring was performed with a calibrated 3M™ SD-200 Sound Detector by Daniel Spahn, Sr. Safety Manager for Scott Contracting Inc.) This noise monitoring session shows that hearing protection should be worn whenever anyone is 40 feet or closer to any processing equipment in use at the pit. Visual Mitigation Scott understands that all gravel operations proposed to mine areas greater than 30 acres shall be designed in multiple phases in order to minimize the visual impact of the gravel pit primarily by logical “sequencing” and “overall layout” of the pit’s design. Section 1.1.7 and Figures 3 and 4 describe and depict the mining stages for Phase 3 of this project. This approach integrates the use of berms along the perimeter of the site. These berms will be placed inside of a 25-foot set back area from the property line. These berms will be roughly 5-feet in height and 23-feet wide at the bottom built at 2H:1V slope. The berm will support noise mitigation during operations and provide a screen to buffer visual impacts. The berm will be constructed prior to commencing any mining activity by phase. Site preparation activity such as removal of overburden shall be allowed prior to the construction of the visual screening if material will be used for the creation of the necessary screening. County Road System The I-70 N Frontage Road (also known as CR 346) will be used to access the site (Figure 1). Copies of the CDOT-approved Traffic Impact Study and CDOT Notice-to-Proceed are included Appendix B. Scott understands that any required improvements shall either be in place prior to or constructed in conjunction with the proposed use/site. IHC Scott – Rifle Gravel Pit #1 March 2021 2-20 Compatibility with Surrounding Land Uses The nature, scale, and intensity of the proposed gravel mining operation will be compatible with adjacent land uses. The surrounding land uses are industrial and agricultural in nature as there is an oil/gas pad to the west and agricultural uses to the north and east properties. Revegetation / Reclamation Scott plans to reclaim the property as each mining stage commences. Areas disturbed during development shall be restored with natural-appearing landforms that blend with the adjacent undisturbed topography within 90 days of completion to meet Garfield County standards. Scott will start the reclamation process as soon as mining progresses throughout the site. After each mining phase is completed, Scott will start backfilling pits with excess dirt and unused material. The pits will not be filled in completely as part of the reclamation plan is to create a recreational pond. See Figure 8 for proposed pond location and proposed future mineral mining operations. The site will be graded to compliment the surrounding topography, and slopes will be mined and graded. Area disturbed by grading will be contoured so they can be revegetated and will be revegetated to stabilize the surface from erosion. Trees, shrubs, bushy-type vegetation and approved grasses will be planted as approved by the NRCS and/or County. Description and Types of Reclamation Scott will achieve the required reclamation of the affected land per the Garfield County Land Use Permitting and seeding regulations using existing and available equipment. The primary reason for this goal is to minimize dust and erosion of the property and restore the site back to its natural conditions to the extent practicable. Sheet C8, Reclamation Plan in Appendix C (Figure 8) depicts the amount of acreage proposed for each reclamation activity. All reclamation will occur with specified equipment and methods for attaining successful revegetation of the property. It is assumed that an 18.4-acre pond will be present post-mining. Post-Mining Land Use The adjacent properties are primarily agricultural, county and interstate roadways, oil and gas well pad and the Colorado River. The post-mining land uses will be like the current land use and not conflict with adjacent land uses, which are currently comprised of agricultural uses. IHC Scott – Rifle Gravel Pit #1 March 2021 2-21 Figure 8. Reclamation Plan IHC Scott – Rifle Gravel Pit #1 March 2021 2-22 Implementation of the Reclamation Plan Topsoil Segregation, Preservation, and Replacement The topsoil excavated, stockpiled and or used for berm construction during Phase 1 will be used to support the revegetation of the site. Backfilling and recontouring of the site will occur after the mining and extraction activities finish. Pit slopes will generally be backfilled with subsoils, overburden, and unmined materials. This will be placed with a bulldozer and haul trucks. Then the use for a roller for compaction and sloping will be tracked in. Recontouring to a rough texture will support the establishment of broadcasted seeds and moisture retention. Stored topsoil and growth medium will be replaced evenly to a depth of 4-6 inches unless site conditions preclude this depth. Topsoil will also be left very rough. Soils will not be worked when wet to avoid mixing, loss of topsoil, and potential erosion issues. Final Grading Final grading of the site is depicted on the Reclamation Map in Appendix C, Sheet C8 (Figure 8). This figure shows the anticipated maximum slope gradient range for reclamation. The site will need to take on fill dirt for a source of a disposal area for clean dirt and to fill part of the pit, minimizing the size of the pond and reducing evaporation potential. The creation of a pond is planned for the site. Existing ephemeral draws and washes passing through the mine area will be reestablished or allowed to continue conveyance of ephemeral flows through the site. Seeding There are different types of seed mixes to support temporary and permanent stabilization and reclamation of the site. Sheet C8 includes and estimate of the revegetation areas by site feature. Temporary Seed Mix Final seeding is best done in the late fall; therefore, if construction occurs in the summer, it may be desirable to apply a temporary seed mix to the area to help minimize erosion and provide some site stabilization. Temporary seed mixes are relatively inexpensive, and the large seeds germinate quickly. Long-Term/Permanent Seed Mix Seeding should occur in the late fall to avoid seeds from germinating in the summer or early fall, and then either desiccating or freezing. Drill seeding could be utilized on more level terrain, but broadcast seeding will likely be needed on steeper slopes. Drill seeding will be the preferred method where equipment access is feasible; seed will be placed in direct contact with the soil at an average depth of 0.5 inch. For drill seeding applications, small seeds shall be packaged separately to allow for separate application. The drill seeding rate is 18 lbs per acre and the broadcast seeding rate is 25 lbs per acre. IHC Scott – Rifle Gravel Pit #1 March 2021 2-23 Broadcast seeding will be employed in areas where drill seeding is not possible. Seed will be uniformly applied over the disturbed areas with manually operated cyclone-bucket spreaders or mechanical spreaders. Table 1 and Table 2 on Sheet C9 (Appendix C) provides detail regarding the type of seed mix, form, and application rate. Fertilization The proposed grass mixes will require little to no fertilization. Revegetation When final landform is achieved, the surface will be stabilized by vegetation to reduce further soil erosion from wind or water, provide forage and cover, prevent dust as required by State Statute, and reduce visual impacts. A uniform vegetative cover will be established with an individual plant density of at least 70% of pre-disturbance levels within 4 growing seasons per Garfield County requirements. Noxious weeds will not be counted as part of the 70% cover. Table 1 and Table 2 on Sheet C9 (Appendix C) provides detail regarding the type of seed mix, form, and application rate. Topsoiling Topsoil will be stockpiled, and later placed on disturbed areas. The anticipated range of depths for those areas where topsoil will be replaced will be 4 to 6 inches. Revegetation Success Criteria Revegetation will be deemed adequate when erosion is controlled, and vegetation is approximately 70 percent of surrounding undisturbed vegetation profiles and is considered satisfactory according to DRMS standards. State or county-listed noxious weeds, as well as alien annual invasive species do not count as part of the 70 percent cover. Noxious Weed Control Noxious weeds identified through the Colorado Noxious Weed Act (CRS 35-5.5) will be controlled per state and county regulation. Control will be achieved by: · A weed survey of the permit area will be completed every spring. o A copy of the existing conditions Noxious Weed Survey is included in Appendix F. · Infestations will be treated using approved chemicals and will be sprayed by the landowner or a certified applicator. · After reclamation, weed surveys and treatment will continue until the perennial cover and production of the site have met DRMS requirements and bond release has been obtained. Mr. Steve Anthony, Garfield County Vegetation Manager, provided the following comments regarding the project: “The Weed Management Plan needs to provide more details on noxious weed management during mining activities.” IHC Scott – Rifle Gravel Pit #1 March 2021 2-24 In response to this comment Scott has updated the Weed Management Plan to include language that addresses the treatment of all noxious weeds on a biannual basis, with an herbicide application in the spring (late May) and late summer (late August). Gravel storage piles will also be treated with a bare ground herbicide if the piles are expected to remain for more than one season. Scott will use a Colorado-certified herbicide applicator. All work equipment will be sanitized and have any existing dirt, vegetation, or seeds from landscaping and operational work removed before leaving the work area. Prior to bond release, Scott will conduct a noxious weed inventory and bond release reports developed by third parties for submittal to DRMS and Garfield County. “Weed Management Plan should include a timetable for Russian-olive and tamarisk removal for non-reclaimed areas.” In response to this comment Scott will include a timetable for Russian-olive and tamarisk removal for non-reclaimed areas as part of their Weed Management Plan, if needed. Reclamation Plan Schedule The reclamation seeding plans will occur by mining phase and comply with the County and CDOT standards for application rates. Table 1 and Table 2 on Sheet C9 (Appendix C) provides detail regarding the type of seed mix, form, and application rate. Previously Disturbed/Unnecessary Areas Reclamation of unnecessary mine components (e.g., previously used areas which no longer will provide productive aggregate extraction) will be reclaimed in the first year from receipt of permit. This process is anticipated to take a year for grading and topsoil redistribution, and several years for appropriate reclamation species establishment and weed control. Active Mining Areas Reclamation of the southeast pod occur immediately upon cessation of material extraction. Given these areas may be active for several months, reclamation may not begin for quite some time. Reclamation of these areas may take up to a year for regrading, contouring and reseeding, and multiple years after that to establish reclamation species and control noxious weeds. Monitoring Reclamation Success Continued monitoring of the reclamation will ensure its success. The operator plans to use the local NRCS office and Garfield County to determine the capacity of the reclaimed land to control erosion. If minor changes or modifications are needed to the seeding and reclamation plan, revision plans will be submitted to the County. It is hoped that the County will aid in evaluating the success of the ongoing reclamation process. Information on all disturbed and reclaimed areas, as well as any other important items regarding the reclamation, will be submitted in the annual reports to the County and CPW, will also be consulted on the progress of reclamation. IHC Scott – Rifle Gravel Pit #1 March 2021 2-25 Enforcement Scott acknowledges the enforcement requirements listed in the LUDC and that the County has performance standards in place that could lead to revocation of the Land Use Change Permit if continued violations of the permit occur over a period of time. IHC Scott – Rifle Gravel Pit #1 March 2021 3-1 3.0 Referral Agency Coordination Scott communicated with the following agencies as part of this application: Colorado Department of Transportation Colorado Division of Reclamation Mining and Safety Colorado Parks and Wildlife Colorado River Fire Rescue (Station 41) Division of Water Resources Garfield County Designated Engineer Garfield County Environmental Health (Air) Garfield County Vegetation Management City of Rifle Town of Silt IHC Scott – Rifle Gravel Pit #1 March 2021 Garfield County Special Use Permit Application Appendix A Appendix A Forms Payment Agreement Form Proof of Ownership (title work, copy of deed) Statement of Authority Form Names and Mailing Addresses (properties within 200 feet) Mineral Rights Ownership Pre-Application Summary IHC Scott – Rifle Gravel Pit #1 March 2021 Garfield County Special Use Permit Application Appendix B Appendix B Traffic Study Access Permit Notice-to-Proceed IHC Scott – Rifle Gravel Pit #1 March 2021 Garfield County Special Use Permit Application Appendix C Appendix C Drawings Boring Logs Dewatering Pumping Report IHC Scott – Rifle Gravel Pit #1 March 2021 Garfield County Special Use Permit Application Appendix D Appendix D Grading and Drainage Plan IHC Scott – Rifle Gravel Pit #1 March 2021 Garfield County Special Use Permit Application Appendix E Appendix E Impact Analysis Wetlands Memo & Dewatering Plan IHC Scott – Rifle Gravel Pit #1 March 2021 Garfield County Special Use Permit Application Appendix F Appendix F Noxious Weed Survey IHC Scott – Rifle Gravel Pit #1 March 2021 Garfield County Special Use Permit Application Appendix G Appendix G Floodplain Development Analyses IHC Scott – Rifle Gravel Pit #1 March 2021 Garfield County Special Use Permit Application Appendix H Appendix H Referral Agency Letters