HomeMy WebLinkAbout2.0 Correspondence & ComplianceP.O. Box 640
11111
GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
Glenwood Springs, Colorado 81602-0640
May 18, 1984
Albert Frei & Sons, Inc.
Silt Aggregate Division
1412 County Road 311
New Castle, CO 81647
a
RE: Frei Gravel Pit, Garfield County, Colorado
Dear Mr. Frei:
l
Phone 945-9150
The purpose of this letter is to memorialize our conversation
of this date. At that time, you represented to me that,
because of the high water in the Colorado River, there was a
strong possibility that your operation in Garfield County would
be flooded, and that you intended to take preventative steps to
stop this. Specifically, you indicated that you wanted to
build a three foot (3') high berm next to the river and,
further, at some point in the future, you would be agreeable to
landscaping that.
In our conversation, I indicated to you that in the land use
approvals, which you have received from Garfield County (81-331
and 83-126), conditions were imposed as to your activities in
the area next to the Colorado River. Specifically, Condition
No. 3, of 81-331, states that a one hundred foot (100') green
belt area will be left undisturbed between the pit and the
Colordao River. Condition No. 4, of Resolution No. 83-126,
talks about the County approving a landscaping plan as a visual
barrier between your operation and the I-70 corrider.
As you know, the above approvals came after public hearings, at
which time your requests were contested by various people close
to and away from your operation. On other occasions, I have
advised the Board that, once a condition is imposed as a result
of the public hearing process, the Board does not have the
flexibility to modify that at a later point in time.
Therefore, because of the presence of the express conditions,
as referenced to above, and my view of the significance of the
public hearing process, Garfield County cannot, at this time,
authorize you to construct the berms which you feel may be
necessary to protect your property. I, personally, and I am
sure the Board also appreciates the emergency circumstances
under which you operate and the need to protect the livelihood
of yourself and your employees. However, it is my own feeling
that the flooding conditions of the Colorado River were or
should have been known at the time these approvals were issued
and, if deemed necessary, the idea of the berm could have been
raised at that time.
• •
Albert Frei & Sons, Inc.
May 18, 1984
PAGE TWO
I have suggested to you several things which might help you.
The first idea is that you construct a berm on your property,
but to the South of the one hundred foot (100') green belt
area. The second idea is that you could construct a berm on a
temporary basis, so long as it was removed at some point in the
future. Additionally, you have the legal descriptions in the
above Resolutions, since, on property not covered by those
Resolutions, you would be free to do this, although this action
may cause you permitting problems with other government
agencies.
Garfield County will monitor your activities in regards to the
above issues, and should you decide to construct a berm,
Garfield County will serve you with notice that such activity
constitutes a violation of the conditions of your land use
permits. This will result in another public hearing, at which
time the Commissioners would have the ability to consider what
alternatives you may propose in terms of landscaping and/or
determine that your activities constitute a substantial
violation of your land use approval, which determination could
result in the suspension or revocation of your land use permits.
Again, I appreciate the difficult circumstances under which you
are operating, but I hope you can appreciate the fact that
Garfield County must operate within the requirements of the
law, and that the County owes a responsibility not only to you,
but to members of the public who participated in the public
hearing process, and who have a right to assume that things
will not change without their knowledge.
Very truly yours,
Earl G. Rhodes
Garfield County Attorney
EGR/sl
pc: Mark Bean, Garfield County Senior Planner
Garfield County Board of County Commissioners
/
GARFIEL COUNTY DEPARTMENT OF DEV''UPMENT
SPECIAL/CONDITIONAL USE PERMIT INSPECTION FORM
Date Inspected Z./
Inspector
Name of Operation: ..6 e6 717—�2L/ /Nli.
Contact Person:AGcs%W / - /
Phone Number: e:P7l
Address: ./_re -Io
Notes on compliance or non-compliance w/Resolution # SLSe'-7-0w
and/or Permit it.•
(Reference comments by condition #)
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Further Action Required:
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• •
GA F1`LD COUNTY Board of County Commissioners
P.O. Box 640 Glenwood Springs, Colorado 81601 Telephone (303) 945-9158
March 8, 1982
Albert Frei and Sons, Inc.
11521 Brighton Road
Henderson, CO 80640
Dear Mr. Frei:
FLAVEN J. CERISE JIM DRINKHOUSE LARRY VELA
The County Board of Comillissioners and Planning staff have recently
received complaints on the hours of operation of your Silt pit.
Although restricted hours of operation were not a condition of
approval for your special use permit, the Board feels that a
"good neighbor" effort on your part is necessary for the benefit
of county residents and your operations alike. We ask that your
hours be limited to 7 A.M. to 5 P.M., five days a week. These
times would allow sufficient operating time for your business,
and would also protect those residents of the county living in
close proximity to the Frei pit.
Sincerely,
Flaven J. Cerise
Chairman
GARFIELD COUNTY BOARD OF COMMISSIONERS
FJC/lw
LARRY E. 0' BRIAN
PRESIDENT
January 25, 1982
Mr. Jqe Zalkind
Mined Land Reclamation
1313 Sherman, Room 423
Denver, CO 80203
Dear Mr. Zalkind:
•
9
9989 WEST 60TH AVENUE
ARVADA, COLORADO 80004
303-423-7297
,IA,.•2.
L't41 L o! ;,13;:-i. r a I° 5
Re Technical Revision
Albert Frei & Sons, Inc.
Silt Pit, Garfield County - MLR File No. 81-202
-Environment, Inc. submits this technical revision on behalf of
its client, Albert Frei & Sons, Inc.
As you and I discussed about two weeks ago, submittal of the final
survey on the property included in the Silt Pit permit indicates
some minor variations from the original map given us by the sell-
ing landowner. Most of these variations are on the west end of
the property. Please see "Tap Exhibit D-1, Technical Revision
January 1982." Since the west end of the property is the loca-
tion that will be disturbed first, it is imperative that this
acreage be included in the permit. In order to meet the standard
of a technical revision, the acreage to be added is matched by an
equal number of acres to be subtracted from the southeast and
southwest parts of Stagesl and 3 respectively. Thus, the total
acreage is the same as approved by the Board.
When time permits, an amendment to the permit will be filed in order
to include the deleted acreage.
Mr. Brad Janes is the Reclamation Specialist who worked on the
application. He did an excellent job. I am sure he will be famil-
iar with this property.
Please advise if there are any questions.
Sincerely,
P es1Kent
LEO:amo
Enclosure
cc: Albert R. Frei
Eiwi rc
LARRY E. 0' BRIAN
PRESIDENT
Mr. Brad Janes
Reclamation Specialist
Mined Land Reclamation Division
423 Centennial Building
1313 Sherman Street
Denver, Colorado 80203
Dear Mr. Janes
C.
9989 WEST 60TH AVENUE
ARVADA COLORADO 80004
363-423-7297
October 28 19$1
RE: Adequacy Letter
Albert Frei & Sons, Inc.
Silt Pit - MLR # 81-202
We are in receipt of your adequacy letter dated October 26, 1981.
We respond below using the same paragraph number system used in your
letter.
1. All right.
2. We understand.
3. A strip leaving the current vegetation will be left to accomplish
your objective.
4. All maps have been revised to show the scale in the lower right
corner of the title box. 'The scale is 1" = 200'.
5. Thank you for your encouragement.
6. Yes, this is the way we undertand the bond.
7. Correct.
Thank you for your help with this permit application.
S i nc,rel y,
Larry . O'Brian
President
I Al I (TI COI ()Il A!)(
X11( IiwUi41,
DEPARTMENT OF NATURAL RESOURCES
f). Monte Pascoe, Executive! Director
MINED I.,A1N1) I(.0 A 1ATIO'\
tu
M.r. Larry E. O'Brian
Environment, Inc.
9989 West 60th Avenue
Arvada, Colorado 80004
Dear Mr. O'Brian:
423 Centennial Building, 1313 Sherman Street
Denver, Colorado 80203 Tel. (303) 839-3567
October 20, 1981
David C. Shelton
Director
I have reviewed the above application for adequacy and have the following
questions, comments, and suggestions which are intended to aid you in
bringing this application into full compliance with the law and to the
satisfaction of the Mined Land Reclamation Board. Please address each of
the following items in detail:
1.- The staff requests that the proposed pit floor_ be left somewhat irregular
subsequent to mining in order to allow for suitable aquatic habitat. If
bedrock is encountered, sufficient material should be left or added to
the pit floor in order to create durable .irregularities.
2. The staff cautions the operator to assess the proposed backfill plan
prior to or during the initial backfill stages. Depending upon the materials
used, method and degree of compaction, and degree of saturation of the final
fill, slope failures due to slumping, piping, sliding or failures due to
other forces could occur., Such failures could jeopardize the reclaimed
slopes and planned buffer between the pond and the Colorado River. If slope
failure potential proves likely, or should slope failure occur in initial
stages of backfilling, the operator should discard the backfilling concept
in favor of slopes created during excavation.
3. The staff requests that the operator maintain a strip of vegetation
between the proposed loading area and the Colorado River of sufficient width
to effectively filter silt from on-site runoff, and to maintain streambank
stability.
4. Please include a scale for the maps submitted in the application.
5. The operator is encouraged to utilize mulch on critical slopes and
porous soils in order to reduce erosion and conserve soil moisture. Mulch
is also advisable on areas where surface crusting is inhibiting plant
emergence.
Mr. Larry E.
41111
uctoher 26, 1981
6. The bonding cos, as proposcd,'limitsH±he maximbm acreage of land
disturbance forareaS requiring revegetation to 7.26 acres, and the 4.35
acres for areas requiring backfillin,g,
7. The above items were answered in the affirmative, perourte1ephone
conversation of October 26, 1981.
The Mined Land Reclamation Board will consider this application at the
October 28-29, 1981 Board meeting.
If you have any questions, or need additional assistance, please contact me.
Sincerelq,
BJ/mt
''',.4110464111114
) •
Brad Janos
Reclamation Specialist
4.yr
• •
ALBERT FREI & SONS
MIS AND aRar1
8400 HOLLY • HENDERSON. COLORADO • 80840
PHONE. (303) 288-4104
October 22, 1981
Garfield County Commissioners
Courthouse
Glenwood Springs, CO 81601
Gentlemen:
Re Removal of Bridge, County Road 311, South of Silt
It is our understanding that we are to remove the bridge which
spans the Colorado River some time after January 1, 1982. It
is also our understanding that a notice to commence removal
and dismantling of the bridge will be sent by mail by Garfield
County to this company at the address shown below.
In order to meet the requirements of the county, we suggest the
following time schedule:
1. Within 30 days of receipt by Frei of the notice to commence,
work will be started.
2. Within 60 days of receipt of the notice by Frei, the bridge
will be down and moved to the property on the northwest
side of the current bridge location.
3. Within 90 days of receipt of the notice by Frei, the bridge
will be dismantled and moved from the area.
Permission from the landowner on the northwest to move the bridge
onto his land for dismantling should be obtained by Garfield
County.
In addition, if a Corps of Engineers' permit is required, it
should be obtained by Garfield County.,
Yours truly,
President
ARF:amo Mailing Address: 11521 Brighton Rd.
Henderson, CO 80640
ALBERT FREI & SONS, INC.
11521 Brighton Road
Henderson, CO 80640
October 14, 1981
Garfield County Commissioners
Court House
Glenwood Springs, CO 81601
Gentlement:
The Albert Frei & Sons company feels it will be beneficial
to all for the Silt bridge over the Colorado River to be
built as soon as possible. Therefore, Frei would like to
contribute $10,000 to the Garfield County for the construction
of this bridge and nearby roads.
This then is our commitment to provide $10,000 when needed
by the County for this construction.
Sincerely,
Albert R. Frei
J✓
• •
ALBERT FREI & SONS, INC.
11521 Brighton Road
Henderson, CO 80640
October 14, 1981
Garfield County Commissioners
Court House
Glenwood Springs, CO 81601
RE: Albert Frei & Sons, Inc.
Silt Pit
Town of Silt Letter
Gentlemen:
C -)Cf+ tia-r F
We have reviewed the letter from the Planning Commission
of the Town of Silt written by Davic C. Weitzel, City Administrator.
It is unfortunate that Mr. Weitzel did not have more time to
review our application. It does not appear that the Silt
Planning Commission is concerned about the conveyor across
the river. They had four concerns which we respond to as
follows:
1. Concern about "downstream impacts of flood plain."
We see no way that the discharge to be made to the
river from dewatering the pit can impact the
downstream flood plain. The clear water discharge
will be insignificant as compared to the flow of
the Colorado River.
2. Concern about "changes to downstream impacts upon
our sewer and water system." In conversation with
Mr. Weitzel this concern seemed to really be "will
dewatering at our site impact their water supply
well," located downstream about 3/4 mile West of
the Frei pit and on the North side of the main
channel of the Colorado River. Their well, as
explained to us, is producing from a depth of 20
to 30 feet. If this is true, the production is
from the aquifer that is considered to be part of
the common water of the Colorado River. It is in
fact the sand and gravel bed that Frei will be
•
Page 2.
Garfield County Commissioners
excavating. However, since the Colorado River
intervenes and because of the distance between the
two operations, we do not believe there will be
any impact on the Silt well. The hydrodynamic
flow in the area of the Frei pit on basis of
limited research seems to be from the Southeast
toward the river in the Northwest. We would
expect the hydrodynamic flow on the North side of
the river to be from the Northeast toward the
river. Thus, no impact to the Silt well could
occur.
Considering the Silt sewage system, we see no
possible way it could be impacted by our operation.
3. Concern about "impacts of gravel trucks on
existing traffic flow patterns." We expect, at
maximum use, approximately 75 truc- trip n Parti
direction (in -Thr ou to the loading facility each
day. expect the large majority of these trips
to use the frontage road and off -on ramps to
the State -Federal Interstate 70. There may be
a few trips to Silt, but we do not expect any
significant impact of the towns' traditional
traffic flow patterns.
4. Concern about "no provision made for fugitive
dust control." This of course is untrue. This
pit will be operating under semi -dry conditions
(i.e., damp conditions) and therefore dust is a
limited problem. There are spray bars on the
crushing equipment and water trucks to spray
pit haul roads and control fugitive dust. There
are rather extensive state laws and standards which
we must comply with or be controlled by the Colorado
Health Department.
Sincerely,
Albert R. Frei
• i
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Glewood Springs Resource Area
P.O. Box 1009
Glenwood Springs, CO 81602
October
Board of County Commissioners
P.O. Box 640
Glenwood Springs, CO 81602
Dear County Commissioners:
wlIQtT Im
IN REPLY REFER TO
6500/2800
7-162
GARFIEL D CO. PLANN
The following comments pertain to a proposal brought before you by Albert
Frei and Sons, Inc., to develop a gravel pit in T. 65., R. 92W., Sec. 11 and 12.
As adjacent landowners, we have been invited to comment.
As a result of the braided nature of the river in the vicinity of the proposal,
the extensive wetland and riparian areas on the islands and adjacent to the
river on both sides, and the several large cottonwood trees suitable for
perching bald eagles, this three mile segment of the river has very high
wildlife values.
On the large island in the west2 of T. 6S., R. 92W., Sec. 10, (see attached
maps) there exists a bald eagle communal roost site and the largest great
blue heron rookery known to exist on the Colorado River in the state. In
Sec. 11, there are at least 7 large cottonwood trees that serve as hunting
perches for bald eagles. In sec. 12, there are 7 other important perch
trees, 4 of which are immediately adjacent to the proposed development and
3 are farther upstream (these upper three probably won't be impacted by the
proposal ). In addition, extensive Canada goose and duck nesting occurs in
the wetlands in this area as well as a small local herd of mule deer.
Even though the proposed gravel pit is approximately 1 mile east of the heron
rookery and bald eagle roost area, the river and adjacent wetlands on and
along the boundary of the proposed pit are very important feeding areas for
the bald eagles, herons, and waterfowl.
As a result of these wildlife values, we would make the following recommendations:
1. Allow no mining activity in the wetland areas (see attached photo).
2. Although County Master Plan allows gravel mining in wetland areas, we
recommend that it be kept to a minimum.
3. Allow no mining activity within 100 ft. of any cottonwood tree serving as
a bald eagle perch tree, and/or 100 ft. from the high water mark.
4, Allow no mining activity from November 15 to March 15. (Bald eagles start
to arrive in this area in early October and by mid-November have arrived in
full force.)
• •
5. Rehabilitate the mining area with appropriate wetland and riparian plants,
including cottonwood trees.
6. Leave islands or develop them in the pit after mining is complete.
Trvel from the south side of the river rather than building a
conveyor system. This would keep all of the impacts on one side of the
river. If a conveyor system must be±uiLt, make_it enclosed SvstPrq
thus reducing noise and eliminating chance of air and water ollutio .
We understand that funds are now being made available for improvement of the
Silt bridge. If this is the case, we would prefer the use of the bridge and
the access road as a transport route. Use of this land route would not mean
additional transport mileage, and would avoid disruption of both banks of the
Colorado River.
We appreciate the opportunity for comment.
Sincerely,
Nj4.7
1111fd W.Wright
L\A1Arerea ManagerWri
Enclosures:
Maps of area
Aerial photo
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• •
TOWN of SILT
x+ -t ► e) t T c.
P.O. Box 174 Silt, Colorado 81652 303 876-2353
October 9, 19
Garfield County
Planning Department
2014 Blake Avenue
Glenwood Springs, Colo 81601
Attn: Terry Bowman:
13
OCT -1981
GARFIELD co. PLANNER
Thank you for your referral of the AF Fries and Sons Gravel Pit.
At a meeting of the Town of Silt Planning Commission, the Fries
Gravel Pit wasdenied by unanimous motion.
The concerns of the Board are 1. down stream impacts of flood
plain. 2. Changes to downstream impacts upon our sewer and water system.
3. Impacts of gravel trucks on existing traffic flow patterns, 4. No
provision made for fugitive dust control.
For the Board
avid C. Weitze
Town Administrator
STATE OF COLORADO
Richard D. Lamm, Governor
DEPARTMENT OF NATURAL RESOURCES
• •
DIVISION OF WILDLIFE
Jack R. Grieb, Director
6060 Broadway
Denver, Colorado 80216 (825-1192)
Terry L. Bowman
Garfield County Planning
2014 Blake Avenue
Glenwood Springs, CO 81601
RE: Albert Frei & Sons, Inc. Special Use Permit
Dear Terry:
October 8, 1981
► 1.9
1lowdFAA
I have reviewed the special use permit application by Albert Frei &
Sons, Inc. , and have several concerns. One of my concerns is the
lack of information presented in their application particularly on their
conveyor system. Will the conveyor be in use year round? Since it
appears to be an open conveyor, what measures, if any, will be used
to reduce particulate emissions and control accidental spillage into the
river? What noise levels will be generated by the conveyor system?
How do noise levels of an open system compare with noise levels of an
enclosed system?
My reason for posing these questions is so that I can determine the
possible affect this operation will have on the bald eagles. The section
of the Colorado river near Silt is heavily used by the eagles during the
winter months. The importance of this area is verified by the presence
of a communal roost site just downstream in the NW4 of Section 10.
This roost site is one of only four known communal roost sites in the
Colorado river corridor between Glenwood Springs and DeBeque Canyon.
In addition, numerous hunting perches are located in Sections 10, 11 and
12 including several on the perimeter of the proposed pit. Sustained
disturbance of the bald eagles could displace the birds from this area
which in turn could have a severe adverse impact on the eagles' sur-
vival. For this reason I would request that the applicant furnish ad-
ditional information to the county and Division of Wildlife so that the
project can be more adequately evaluated. If, however, the Commis-
sioners elect to act on this permit on October 13, 1981, I would recom-
mend the following based on the present information:
DEPARTMENT OF NATURAL RESOURCES, Monte Pascoe, Executive Director • WILDLIFE COMMISSION,Wilbur Redden, Chairman
Donald Fernandez, Vice Chairman • James Smith, Secretary • Jean K. Tool, Member • Vernon C. Williams, Member
Michael Higbee, Member • Sam Caudill, Member • Richard Divelbiss, Member
• •
Terry L. Bowman
October 8, 1981
Page 2
1) An undisturbed greenbelt 100 feet in width should separate the
the pit from the river.
2) The sides and bottom of the pit should be irregular to enhance
aquatic life forms. Peninsulas are desireable.
3) Several islands with natural vegetation should be left or created
to provide escape cover and nesting areas for waterfowl and song-
birds.
4) Areas of intensive activity (i, e. , crusher, batch plant, etc, should
be located farthest from the river (SW corner).
5) Restricted activity or no activity should be permitted from Decem-
ber 1 - March 15 to reduce disturbance to wintering bald eagles.
The Division of Wildlife appreciates the opportunity to comment on this
project.
cc: Leslie
P. Will
2 File - Frei Pit - Garfield
Sincerely,
Michael R. Grode
Wildlife Biologist
• •
EI)viroI)n)eI)t, Iqc.
LARRY E. 0' BRIAN
PRESIDENT
October 7, 1981
Ms. Terry Boman
Assistant Planner
Garfield County
2014 Blake Street
Glenwood Springs, CO 81601
Re: A.F. Frie & Sons
Silt Pit
Dear Terry:
9989 WEST 60TH AVENUE
ARVADA,COLORADO 80004
303-423-7297
You will find enclosed two copies of the approximate location of the plant site,
river crossing, load out area, and a more detailed drawing of the structure that
will be used to cross the river.
The plot plan, titled "Approximate Location of River Crossing," is a non -scale
drawing intended to show you the approximate location and layout of the process-
ing equipment, river crossing structure and load out area. Until actual setup
begins and is completed, the permanent locations for these units will not be
known. This drawing is intended only to show how the operation may look.
The detailed drawing of the river crossing structure should be self-explanatory.
Please refer to our letter dated October 1, 1981, for a broad description of the
location of this structure.
A color for the structure has not been chosen; however, it will be a non -sensitive
color that will be harmonious with the environment. We expect to operate the con-
veyor across the river during normal operating hours. When it is necessary to
supply the north side of the river with material, the belt will carry approximately
200 tons per hour. It should be understood that this is a broad estimate, and the
belt could carry more or less. We do not plan to cover the conveyor, since this is
a sand and gravel operation and any dust will be minimal. Spillage will also be
minimal.
Noise levels will not exceed allowable levels set by the county or state.
If you have any other questions, please feel free to call.
Sincerely,
/,&i....
SLO'B/ea
Enclosures
Stevan L. O'Brian
ENVIRONMENT, INC.
•
EI)viropn)eI)t, Iqc.
LARRY E. 0' BRIAN
PRESIDENT
October 1, 1981
Ms. Terry Bowman, Assistant Planner
Planning Office, Garfield County
2014 Blake Avenue
Glenwood Springs, CO 81601
Mr. Brad Janes, Reclamation Specialist
Mined Land Reclamation
1313 Sherman Street, Room 423
Denver, CO 80203
Dear Ms. Bowman and Mr. Janes,
9989 WEST 60TH AVENUE
ARVADA, COLORADO 80004
303-423-7297
1861 9-106
Re Silt Pit - Albert Frei & Sons, Inc.
Application for Special Use Permit .
Application for Mined Land Reclamation Permit
The enclosed receipts represent proof of notification by certified
mail to landowners.
Please acknowledge receipt by signing in the appropriate space
below and returning one copy of this letter to this office.
Yours truly,
LEO:amo
Enclosure
RECEIPT
RECEIVED this day of October, 1981, copies of
receipts for certified mail notice to landowners
concerning the Silt Pit.
GARFIELD COUNTY PLANNING OFFICE
LARRY E. 0'8R AN
PRERIDENT
October 1, 1981
U. S. Army Corps of Engineers
Regulatory Unit 4
2784 Cross Roads Boulevard
Grand Junction, CO 31501
Attention "tr. Rodney Woods
Ms. Terry Bowman; Assistant Planner
Garfield County Planning Department
2011 Blake Avenue
Glenwood Springs, CO 81601
Mr. Brad Janes
Reclamation'Specialist
Mined Land Reclamation
1313 Sherman Street, Room 423
Denver, CO 80203
Ladies and Gentlemen,
1989 WE6T 60TH AVEN1.1k:
AR2VADA, COLORAt,O 80004
303-M3-7297
Re Albert Frei & Sons, Inc. - Silt. Pit - Garfield County, Colorado
Certain lands in Sections 11 and 12, Township 6 South, Range 92
West, 6th P.M. in Garfield County, Colorado, south of the Colorado
River, are underlain by commercial sand and gravel deposits. Parts
of these lands are presently irrigated croplands. Approximately
40 percent of the area to be mined could be considered wetlands.
Operations will be carried out by dewatering, stripping, mining,
regrading, sloping and allowing the pit excavated to refill with
water to create a private recreation area and perhaps in later
years a pleasant residential area. There will be excavation of the
wetland area, but no backfilling or silting will occur. We expect
the total wetland area to be increased rather than decreased.
The material to be extracted from this operation must be moved east
and west along Interstate 70. In order to reach I-70, traffic may
proceed west along County Road 331 for approximately 3/4 mile;
thence north along County Road 311 across two 15 -ton load limit
bridges a distance of 1/2 mile to the I-70 frontage road; thence
west 3/8 mile to the I-70 on-ramp. The weak load limit of the
bridges makes them valueless as a route for sand and gravel truck
traffic until such time as the bridges are reinforced or rebuilt.
In order to avoid these bridges, a plan has been devised to transport
the finished products from the excavation 'and processing plant site
south of the river to a small loading site north of the river. Then
the aggregate will be stored in elevated bins that will gravity -load
-2 -
into haul trucks. The trucks will go west approximately 1-1/4 mile
on the paved .frontage road to the 1-70 on-ramp. A suspended con-
veyor, 36 inches wide, will be used to move the materials across
the river. Preliminary plans call for t'0: '0 -foot steel towers to be
located approximately 250 feet apart on &.; polite sides of the river.
Along the 800 to 1,000 feet of river where the conveyor could be
installed the'river varies from 90 to 190 feet wide. The towers
will be set back from the river between 30 and 80 feet on each
side. Suspension will be such that the conveyor will be approx-
imately 10 feet above the water. All river traffic will clear
the suspension. A preliminary sketch of the installation is shown
below:
30 •
80
250
Colorado River
Channel
w �Q
10
-"30
40
No material will be deposited in the river; no part of the suspension
system will be in the river.
After careful review of the Rules and Regulations of the U. S. Corps
of Engineers 404 Permit Program, we do not believe that the work
contemplated will require such a permit. We are in the process of
obtaining a Special Use Permit from Garfield County and a Colorado
Mined Land Reclamation Permit.
As of this date, the lease and/or purchase of approximately 6.56±
acres (3.26* land and 3.3t water) from the Colorado Department of
Highways on the north side of the river is not complete. We
expect a lease to be issued on Friday, October 2, 1981. On the
attached plat we have shown the location of this property as well
as the property that will be excavated. The position of the
suspended conveyor may vary upstream or downstream from where it
is shown on the plat by several hundred feet.
Corps of Engineers
We request that the Corps of Engineers confirm the findings of
our study and the conclusion that a Corps permit is not necessary
for this operation. The Garfield County hearing on the Special
Use Permit is to be held before the Commissioners on October 13,
1981. An early response would be most helpful.
We are consultants to Albert Frei 4 Sons, Inc;. We have prepared
the applications for both the Mined Land Reclamation Perrnit.and
the Garfield County Special Use Perrnit. If there are any questions
about this matter,
please call us, We request that the Corps of
Engineers mail its response to us at the above address.
Yours truly,
c"1/14y 041,tri. 12*--
es 14 en •
LEO: amo
Enclosure
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EXHIBIT B - I(VDEX SNAP
ALBERT REI 5 SUUNS, INC.
.:a
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--.. 0/$11e/41i EIT.
'NCW 44SwN /4•
SW/4 SW/4, SE/4 SW/4, NE/4 SE/4,
,_
MW/4 SE/4 6 SW/4 SE/4, Sec. 11.
and pant o6 .the NW/4 SW/4 and SW/4
NW/4, Sec. 12, T6S. R92W. 6th P.M..
. •
ALBERT FREI d( SONS
fa! ,wD SRAM
11400 HOLLY • 1•HENOE1ISON. COLORADO • 110040
PRONG (303) 2115-4104
September 30, 1981
Correction of Notice
sent by certified mail
September 22, 1981
•
Re Sand and Gravel Operation - Silt Pit
Dear
Pursuant to the rules and regulations of the Colorado Mined Land
Reclamation Board and the Colorado Mined Land Reclamation Act
of 1976, H.B. 1065, notice is hereby given that the Colorado
Mined Land Reclamation Board will meet to consider an applica-
tion by Albert Frei & Sons, Inc., 11521 Brighton Road. Henderson,
Colorado 80640, to conduct a surface mining operation for sand
and gravel on lands located in part of the SE/4 NE/4, SW/4 NE/4,
SE/4 NW/4, NE/4 SW/4, NW/4 SW/4, SW/4 SW/4, SE/4 SW/4, NE/4
SE/4, NW/4 SE/4 and SW/4 SE/4, Section 11,, and part of the
SW/4 NW/4 and NW/4 SW/4, Section 12, Township 6 South, Range
West, 6th Principal Meridian, Garfield County, Colorado.
Mining will begin at this site in 1981, and it is estimated that
reclamation will be complete in 1992. The land will be reclaimed
for private recreation and residential development.
Additional information may be obtained at the offices of the
Mined Land Reclamation Division, 1313 Sherman Street, Deaver,
Colorado 802n3 (10/-866-3567), or at the offices of the Clerk and
Recorder, Garfield County, Glenwood Springs, Colorado 81601.
Written objections to the application must be received at the
offices of the Mined Land Reclamation Division no later than
5 p.m. on the 27th day of October, 1981.
Yours truly,
President
0ci
ciagASA-
Division of Highways
DOH Form 101 J `v
Rev. August, 1981
State •
Highway No/MP
Local Jurisdiction
MTCE Section/Patrol
DOH Permit No
Required Permit Fee.
STATE DEPARTMENT OF HIGHWAYS
PERMIT FOR ACCESS
The property owner, (herein called permittee) is granted permission
to construct an access approach on the side of State Highway , a distance of
feet from milepost also known as , for the
purpose of obtaining access to The access approach shall be constructed,
maintained and used in accordance with the State Highway Access Code, the terms and conditions of this permit, site
requirements noted below, and listed attachments. This permit may be revoked by the issuing authority if at any time the
permitted access approach and its use violate any of the terms and conditions of this permit or the State Highway Access
Code. The use of advance warning and construction signs, flashers, barricades and flagmen are required at all times
during access approach construction within State right-of-way in conformance with the MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES, Part VI. The Department of Highways and its duly appointed agents and employees shall be
held harmless against any action or damage sustained by reason of the exercise of this permit.
SITE REQUIREMENTS
1. Okay tD install a -35driveways as shcwrt on attached plan.
2. 2-35 ft. appraoch. 2-36" C.M.P. required under approach. me right—of—way fence
will ble braced before the opening is made.
The approach will be paved from the edge of the oil shat to the right—of- way line
with at least 2-1/2" of A.C. type asphalt material.
The construction area will be cleared of all debris and rock when the installation
has been completed.
The coslstruction signing will conform to the Uniform Traffic Control Manual, Section
VI, Par. 6A-1 thru 6B-4.
Remove 43' of W—type guardrail at each entrance and install safety ends. Higngay
Department will pick. up guardrail and posts after removal.
Where the appropriate local authority retains issuing authority, local approval is required prior to approval by the State
Department of Highways.
MUNICIPALITY or COUNTY `TATE OF COLORADO, DIVISION 4, ..ii,
F ;. HAASE, C}1L'''` ENGINEER
By(X) Date' Title
STATE OF COLORADO, DIVISION OF HIGHWAYS
E.N. HAASE, CHIEF ENGINEER
By(X) Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. A copy of this permit must be available at the construction site. All construction shall be completed in an
expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access approach shall be
completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify
with the Colorado Department of Highways in
at , at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted
access.
Permittee(X) Date
THIS PERMIT IS NOT VALID UNTIL STAMPED AND NUMBERED BY A DULY AUTHORIZED REPRESENTATIVE OF THE
STATE DEPARTMENT OF HIGHWAYS.
COPY DISTRIBUTION
White, MTCE Section
White, Applicant
(/canary, Local Jurisdiction
Pink, MTCE Patrol File
Canary, Inspector
Pink, Traffic Eng.
Goldenrod, Staff MTCE
THE FOLLOWING PARAGRAPHS WERE SELECTED FROM THE STATE HIGHWAY ACCESS C•E FOR YOUR INFORMATION. PLEASE
READ THEM. THEY ARE TERMS AND CONDITIONS OF THE PERMIT. A COPY OF THE COMPLETE STATE HIGHWAY ACCESS CODE IS
AVAILABLE FOR YOUR REVIEW AT YOUR ISSUING AUTHORITY OR THE STATE DEPARTMENT OF HIGHWAYS.
1. The permitted access approach shall be completed in accordance with the terms and conditions of the permit prior to being used.
In accepting the permit, the applicant agrees to all terms and conditions of the permit. If the applicant does not agree to all the
terms and conditions of the permit, the permit shall be deemed denied.
2. Should the applicant (1) choose to contest a permit application denied by the Department or (2) choose to contest any of the terms
or conditions of the permit, he must do so within 60 days of receipt of notice of denial or receipt of the approved permit. The
applicant shall make his request for the hearing in writing and submit it to the local engineering district office of the Department.
The request shall include reasons the applicant is appealing the action and may include recommendations by the applicant that
would be acceptable to him. It is recommended the applicant pursue a request for a variance if he has not done so already, prior to
requesting a Highway Commission hearing.
3. The permit shall be deemed denied if the access approach is not under construction within one year of the permit issue date. A
time extension, not to exceed one year for each extension, may be requested of the issuing authority in writing by the applicant
prior to expiration of the permit. Denial of an extension may occur only when the issuing authority assertains and documents that
unforeseen and significant changes in highway traffic operations or proposed access approach operation, have or will occur that
were not accounted for in the issuing of the permit.
4. The applicant shall notify the individual or the office specified on his permit of the pending construction at least 48 hours prior to
construction in State Highway rights-of-way. The access approach shall be completed in an expeditious and safe manner and shall
be finished within 45 days from initiation of construction within the right-of-way. A construction time extension not to exceed 30
working days may be requested from the individual or office specified on the permit.
5. The construction of the access approach and its appurtenances as required by the terms and conditions of the permit shall be
completed at the expense of the applicant except as provided below.
6. It is the responsibility of the owner of the property to ensure the use of the access approach to the property is not in violation of
the code, permit terms and conditions, or the Act. The terms and conditions of the permit are binding upon all assigns, successors -
in -interests and heirs.
7. When a permitted driveway is constructed or used in violation of the code, permit terms and conditions, or the Act, either the
issuing authority or the Department or both may obtain a court order enjoining violation of the access code, permit terms and
conditions, or the Act. Such access permits may be revoked by the issuing authority if, at any time, the permitted driveway and its
use fail to meet the requirements of the Act, the access code, or the terms and conditions of the permit.
8. Reconstruction, relocation, or conformance with this code of any driveway, whether constructed before, on or after June 30,
1979, may be required by the Department with written concurrence of the appropriate local authority either at the property
owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property or a change in the type of
driveway operation or at the expense of the Department if the reconstruction or relocation is necessitated by changes in road or
traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in
the code.
9. The property owner or representative serviced by a lawful access approach may make a physical improvements to the access
approach with the permission of the issuing authority. The applicant shall make his request on standard permit application forms
and specify that his request is for improvements per this subsection. Denial of the application for improvements does not
constitute revoking the existing access approach authorization.
10. A request for variance from the standards of the access code shall be submitted to the issuing authority with a permit application
and shall be considered an attachment to the permit application form. The request for the variance shall include specific and
documented reasons for the request.
11. In the consideration of the variance request, the issuing authority shall determine to the best of its ability if the following
circumstances are met: (1) there is exceptional and undue hardship on the applicant, (2) a variance would not be detrimental to
the public health, welfare and safety, and (3) a variance is reasonably necessary for the convenience and welfare of the public.
12. At any time during the review by the issuing authority of the permit application the applicant may supplement his application with
a variance request.
13. After sight distance requirements are met and an access permit issued, a sign structure or parked vehicle shall not be permitted
where it will obstruct the required sight distance.
14. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely
braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire
removed shall be turned over to the engineering district representative of the Department.
15. Where necessary to remove or relocate a state highway traffic control device for the construction of a permitted access approach,
such relocation or removal shall be accomplished by the applicant at his expense and at the direction of the Department. Any
damage to the state highway beyond that which is allowed in the permit shall be repaired immediately.
16. A copy of the permit shall be available for review at the construction site. If necessary, minor changes and additions shall be
ordered by the Department field inspector to meet unanticipated site conditions.
17. The permit may require the contractor to notify the individual or office specified on the permit at certain phases in construction to
allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, and base course compaction.
18. The occupant and the property owner of the property serviced by the access approach shall be responsible for (1) meeting the
terms and conditions of the permit and, (2) the removal or clearance of snow or ice upon the access approach(es) even though
deposited on the access in the course of the Department highway snow removal operations. The Department shall maintain in
unincorporated areas the highway drainage system, including those culverts under the access approach which are part of that
system within the right-of-way. The permittee, his successors and assigns, are responsible for the maintenance of the access
approach beyond the travel and speed change lanes.
NOTE: "Act" means the highway access statute, CRS 1973, 43-2-147 as amended.
"Code" means the State Highway Access Code, adopted on July 16, 1981 by the Colorado Highway Commission.
"Department" means the State Department of Highways.
•
January 18, 1981
Bud Milner
Planning and Zoning
2014 Blake
Glenwood Springs, CO 81601
Dear Mr. Milner:
RECEIVED u. N 1932
This letter is in reference to the Frie & Sons gravel operation located on the
Barton Porter ranch south-east of Silt and directly south of our residence.
I have observed the following:
#1. The operation has been operating on a six day work week basis.
#2. The operation is burning slash piles of brush.
X63. The operation has several camper type trailers and portable toilet located
in the trees adjacent to the Colorado River and quite visible from I-70.
Your prompt enforcement of the County laws and special use permit would be
very much appreciated.
Very truly yours,
Carol L. Gibbs
P.O. Box 744
Glenwood Springs, CO 81601
reside 34671 highway 6 & 24
1 mile east of Silt on 6
6)(1-‘\)\--t-
•
\,\-r
1 i
EI)viroI)n)ei)t, iqc.
LARRY E. 0' BRIAN
PRESIDENT
September 15, 1981
Mr. Ray Baldwin, Planning Director
Garfield County
2014 Blake Avenue
Glenwood Springs, CO 81601
Dear Mr. Baldwin,
Re Application for Special Use Permit
Albert Frei & Sons, Inc. - Silt Pit
Sand and Gravel Extraction and Processing
9989 WEST 60TH AVENUE
ARVADA, COLORADO 80004
303-423-7297
At the request of Mr. Albert R. Frei of Albert Frei & Sons, Inc.,
we are contacting you with regard to Frei's application for a
special use permit.
A copy of the operator's application to the Colorado Mined Land
Reclamation Board for a Mined Land Reclamation Permit is enclosed.
The application contains detail on current conditions, the mining
plan, the reclamation plan and other items of concern. Frei
believes the application meets most of the county's impact state-
ment requirements as outlined in Zoning Resolution 5.03.07.
The application also contains information about the proposed use
of the affected land and its location, the scope and design of
the operation, and mining and reclamation timetables. The mining
activity's operational characteristics are described in the
mining plan and in other areas of the application to the state.
We submit the attached Impact Statement in addition to the mater-
ial included in the MLRB application. After you have reviewed
the material, if you have any questions, please contact me.
Yours truly,
°1. I
410
resident
LEO:amo
Attachment
Enclosures
cc: Albert R. Frei
Prepared for:
Prepared by:
INDUSTRIAL IMPACT STATEMENT
Albert Frei & Sons, Inc. to
meet Garfield County Regulations
Environment, Inc.
9989 West 60th Avenue
Arvada, CO 80004
Telephone (303) 423-7297
September 15, 1981
An Application for a Mined Land Reclamation Permit for the Silt
Pit, a sand and gravel operation, is hereby made a part of this
Industrial Impact Statement. The application is on file with
the Colorado Department of Natural Resources, Mined Land Reclama-
tion Division, 1313 Sherman Street, Denver, CO 80203. A copy
of the application is attached hereto.
The following information address Garfield County Zoning Resolu-
tion 5.03.07:
5.03.07(1)
Frei intends to operate this sand and gravel mine in strict com-
pliance with Garfield County Industrial Performance Standards.
The operator expects no significant adverse effects upon:
(a) The existing lawful use of water - purchased water rights
will supply expected needs adequately. All runoff will be into the
pit area; therefore, there will be no surface water pollution. Dis-
charge to the Colorado River will.be carried out under a Colorado
Department of Health NPDES permit. Th.e discharge water will be
cleaner, with fewer suspended solids, than the river. No toxic
materials are used or will be encountered; thus there will be no
pollution of the groundwater.
(b) Adjacent properties will be protected from smoke, dust and
vapor by the operator's rigid compliance with Air Quality Control
Regulations as promulgated by the Colorado Department of Health.
Three air quality control permits will be required—one for the
extraction operation, one for the crusher -wash plant system, and
one for the concrete batch plant. Noise is regulated by Title 25,
Article 12, of Colorado Revised Statutes 1973, as amended, and by
Garfield County Industrial Performance Standards. The operator
will comply with the statute and with the county's standards. In
any case, there are no houses or populated areas near the opera-
tion. The nature of this mining activity will not create glare,
vibrations or other adverse conditions.
•
Industrial Impact Statement
Silt Pit
September 15, 1981
Page 2
(c) Wildlife or domestic animals - The impact on wildlife is
discussed on page 25 of the Application for a Mined Land Reclama-
tion permit. The operator does not expect more than minor impact
on wildlife as a result of the mining activity.
5.03.07(2)
The operator expects traffic to use the Interstate -70 Frontage
Road for approximately one-half mile from the pit location to
the Silt on -ramps and thence in an easterly or westerly direc-
tion on Interstate -70.
5.03.07(3)
With respect to damages to others, please refer to Map Exhibits C
and D-1 of the application. In the operator's opinion there can
be no damage to others resulting from the mining activity. The
minimum setback is 30 feet, but the setback from the Colorado
River is 100 feet and the setback from the 'county road right-of-
way is 50 feet.
5.03.07(4)
Additional information was not requested as of September 15, 1981.
5.03.07(5)
Rehabilitation plans are included in the Mined Land Reclamation
Permit application, Exhibit E, beginning at page„13.
5.03.07(6)
Not applicable.
• •
EI)viroi)n)cI)t, Iqc.
LARRY E. 0' BRIAN
PRESIDENT
October 1, 1981
Ms. Terry Bowman, Assistant Planner
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
9989 WEST 60TH AVENUE
ARVADA, COLORADO 80004
303-423-7297
Re Special Use Permit - Albert Frei & Sons, Inc-.
The purchase of the Barton Porter and Carl 0. Short property by
our client included certain water rights. A copy of the "Ruling
of Referee" adjudicated by Charles F. Stewart, Water Judge, is
enclosed.
Albert Frei & Sons, Inc. is aware that the water right of the
Porter Pump and Diversion Ditch was awarded for irrigation and
livestock purposes and that use of the water for other purposes
may require a change in use by the District Court in and for Water
Division 5.
The applicant is also aware that the State Engineer, Division of Water
Resources and the Division Engineer may have additional statements
to advance when they review the Mined Land Reclamation permit applica-
tion.
Water changes are enormously expensive; therefore, it is normal to
determine whether special use permits by the County and MLR permits
by the State will be granted prior to incurring these expenses.
I am sure you are aware that the Division of Water Resources has all
of the power it requires to issue cease and desist orders if the
state water laws are not being adhered to.
We hope the Commission will not cloud the special use permit by
attaching conditions thereto that are under the authority of the
Division of Water Resources.
Sincerely,
LEO:amo
Enclosure
• •
Ei»iircpncpt,
LARRY E. O' BRIAN
PRESIDENT
October 1, 1981
U. S. Army Corps of Engineers
Regulatory Unit 4
2784 Cross Roads Boulevard
Grand Junction, CO 31501
Attentin Mr. Rodney Woods
Ms. Terry Bowman, Assistant Planner
Garfield County Planning Department
2014 Blake Avenue
Glenwood Springs, CO 81601
Mr. Brad Janes
Reclamation Specialist
Mined Land Reclamation
1313 Sherman Street, Room 423
Denver, CO 80203
Ladies and Gentlemen,
9989 WEST 60TH AVENUE
ARVADA, COLORADO 80004
303-423-7297
1; 1981
GARFIELD CO.PLANNER
Re Albert Frei & Sons, Inc. - Silt Pit - Garfield County, Colorado
Certain lands in Sections 11 and 12, Township 6 South, Range 92
West, 6th P.M. in Garfield County, Colorado, south of the Colorado
River, are underlain by commercial sand and gravel deposits. Parts
of these lands are presently irrigated croplands. Approximately
40 percent of the area to be mined could be considered wetlands.
Operations will be carried out by dewatering, stripping, mining,
regrading, sloping and allowing the pit excavated to refill with
water to create a private recreation area and perhaps in later
years a pleasant residential area. There will be excavation of the
wetland area, but no backfilling or silting will occur. We expect
the total wetland area to be increased rather than decreased.
The material to be extracted from this operation must be moved eas.
and west along Interstate 70. In order to reach I-70, traffic may
proceed west along County Road 331 for approximately 3/4 mile;
thence north along County Road 311 across two 15 -ton load limit
bridges a distance of 1/2 mile to the I-70 frontage road; thence
west 3/8 mile to the I-70 on-ramp. The weak load limit of the
bridges makes them valueless as a route for sand and gravel truck
traffic until such time as the bridges are reinforced or rebuilt.
In order to avoid these bridges, a plan has been devised to transport
the finished products from the excavation and processing plant site
south of the river to a small loading site north of the river. Then
the aggregate will be stored in elevated bins that will gravity -load
• •
-2--
into haul trucks. The trucks will go west approximately 1-1/4 mile
on the paved frontage road to the I-70 on-ramp. A suspended con-
veyor, 36 inches wide, will be used to move the materials across
the river. Preliminary plans call for two 40 -foot steel towers to be
located approximately 250 feet apart on opposite sides of the river.
Along the 800 to 1,000 feet of river where the conveyor could be
installed the river varies from 90 to 190 feet wide. The towers
will be set back from the river between 30 and 80 feet on each
side. Suspension will be such that the conveyor will be approx-
imately 10 feet above the water. All river traffic will clear
the suspension. A preliminary sketch of the installation is shown
below:
-•--30
80
250
Colorado River
Channel
. - g
0
10
No material will be deposited in the river; no part of the suspension
system will be in the river.
After careful review of the Rules and Regulations of the U. S. Corps
of Engineers 404 Permit Program, we do not believe that the work
contemplated will require such a permit. We are in the process of
obtaining a Special Use Permit from Garfield County,and a Colorado
Mined Land Reclamation Permit.
As of this date, the lease and/or purchase of approximately 6.561
acres (3.26* land and 3.3* water) from the Colorado Department of
Highways on the north side of the river is not complete. We
expect a lease to be issued on Friday, October 2, 1981. On the
attached plat we have shown the location of this property as well
as the property that will be excavated. The position of the
suspended conveyor may vary upstream or downstream from where it
is shown on the plat by several hundred feet.
Corps of Engineers
We request that the Corps of Engineers confirm the findings of
our study and the conclusion that a Corps permit is not necessary
for this operation. The Garfield County hearing on the Special
Use Permit is to be held before the Commissioners on October 13,
1981. An early response would be most helpful.
• •
-3-
We are consultants to Albert Frei & Sons, Inc. We have prepared
the applications for both the Mined Land Reclamation Perrgit and
the Garfield County Special Use Permit. If there are any questions
about this matter, please call us. We request that the Corps of
Engineers mail its response to us at the above address.
Yours truly,
LEO:amo
Enclosure
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EXHIBIT 8 - INDEX MAP
ALBERT FREI g SONS, INC.
- eS 1 LT
/4 P1T -
SE , t
• ' SW/4 SW/4, SE/4 SW/4, NE/4 SE/4,
'-. NW/4 SE/4 g SW/4 SE/4. Sec. 11.
and pc iut o the NW/4 SW/4 and SW/4
NW/4, Sec. 12, T6S, R920), 6th P.M..
• •
P 24-024-00
I 70-1(12) Scc. 1
Par. 4-R (FREI)
LEASE AGREEMENT
THIS AGREEMENT, made and entered into in duplicate this 5th day of October,
A.D., 1981, by and between the State of Colorado for the use and benefit of State
Department of Highways, Division of Highways, the Lessor, and Albert Frei, the
Tenant,
W ITNESSETH
WHEREAS, the Department of Highways•°has acquired certain land as right of
way for future use, and such land is not presently needed,
THEREFORE, in consideration of the sum of
Inncash in hand paid to the Lessor for the first months rent and security
deposit in the amount of , the Lessor, pursuant to
the authority conferred by Section 43-1-210(3) CRS 1973, does hereby rent to the
Lessee, for the term of
the following described premises:
A tract or parcel of land No. 4-R of the State Department of High-
ways, Division of highways, State of Colorado, Project No. 1 70-1(12)89
Sec. 1, containing 6.56 acres, more or less, in Lot 2 of Section 11,
Township 6 South, Page 92 West, of the Sixth Principal Meridian, in
Garfield County, Colorado, said tract or parcel being more particularly
described as follows:
Beginning at a point on the east line of Lot 2 of Sec. 11, T. 6 S.,
R. 92 W., 6th P.M., from which point the NE corner of Sec. 11 bears
N. 41° 06' E., a distance of 1,985•.2 feet;
1. Thence S. 00°
of 500.0 feet
2. Thence N. 70°
a distance of
3. Thence S. 81°
rado River, a
4. Thence N. 00°
30' E., along the east line of Lot 2, a distance
to the center of the Colorado River;
00' W., along the center of the Colorado River,
321.6 feet;
12' U., continuing along the center of the Colo -
distance of 553.3 feet to the west line of Lot 2;
31' 30" W., along the west line of Lot 2 of Sec.
11, a distance of 100.0 feet;
5. Thence N. 81° 12' E. a distance of 1,331.1 feet, more or less,
to the point of beginning.
The above described parcel contains 6.56 acres, more or less.
1. Lease rentals shall be at the rate of
, due on or before
the 1st day of each month, payable to Department of Highways, State of
mailed to Receipts and Deposits, West Annex, 4201 E. Arkansas, Denver,
hereafter during the term hereof.
Colorado, and
Colorado 80222,
LLC"L AGREE/MIT
P 24-024-00
170-1(12)Sec. 1
Par. 4-R
Page 2
2. The premises hereby leased may not be sublet, nor assigned, without
specific wr::ttcn permission by the Property Management Section.
3. It is understood and agreed that the Tenant intends to use the premises
for gravel conveyor terminal and gravel bins.
4. Lessor reserves the right to enter on leased area at any time to in-
spect area or perform maintenance or reconstruction where necessary.
5. The Tenant shall keep the leased premises clean and free from trash,
rubbish, or debris.
6. The Tenant shall not commit, nor permit. the commission of, any act or
thing which shall be a violation of any ordinance of the County of Garfield,
or of any law of the State gf CoLo oT or thaJJ ited States.
7. The Tenant shall save and hold harmless, the Lessor from any liability
for damage to persons or property resulting from occupancy of the leased premises.
8. Tenant agrees to submit a list, for approval by Lessor, of all improve-
ments to be placed upon the premises herein leased within ten (10) days of the
inception date of this lease.
9. This lease may be terminated by either of the parties hereto, upon
SIMIIIIInotice in writing to the other of intention so to do.
10. Tenant, in accepting this lease, agrees to pay all taxes of any kind
which may be levied against the property herein leased.
11. Grantor reserves the right to sell the leased premises at any time
during the term of this lease. In the event of such sale, Tenant agrees to re-
move any improvements placed on the herein leased premises by Tenant withinlill
11111 of demand by the Grantor for such removal. Tenant further agrees to re-
store the ground to its original condition if it is required to remove said
improvements.
12. The Tenant, for himself, his successors in interest and assigns, as
a part of the consideration hereof, does hereby covenant and agree, as a coven-
ant running with the land:
LEAS E AG_r,LmIENT
P 24-024-00
I 70-1(12) Sec. 1
Par. 4-R
Page 3
• •
(a) That no person shall, on the grounds of race, color, creed, sex,
religion, age, national origin, marital status, mental or physical impair-
ment, etc. be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination in the use of any facilities
that nay be developed on the leased premises;
(b) Tliat in connection with the construction of any improvements on
said premises, and the furnishing of services thereon, no discrimination
shall be practiced in the selection of employees and contractors, by con-
tractors in the selection and retention of first-tier subcontractors, and
by first-tier subcontractors in the selection and retention of second-tier
subcontractors;
(c) That such discrimination shall not be practiced against the public
in its access to and use of the facilities and services provided on the
leased premises; and
(d) That the Tenant shall use the premises in compliance with all
other requirements imposed pursuant to Title 15, Code of Federal Regu-
lations, Commerce and Foreign Trade, Subtitle A, Office of the Secretary
of Commerce, Part 8 (15 C.F.R., Part 8), and as said Regulations may be
amended.
13. Violation of any of the covenants and conditions herein contained
shall, at the option of the Lessor, constitute a breach of this agreement, and
in any such event, the Lessor may without notice repossess the leascd premises
and declare a forfeiture of all of Tenant's rights hereunder. Failure of the
Lessor to exercise sucli option in any particular case shall not be construed as
a waiver of its rights in any other case.
IPJ WITNESS WIHEREOF, the parties hereto have caused these presents to be
executed by their respective officers duly authorized herein, all of the day and
year first above mentioned.
STATE OF COLORADO
STATE DEPARTPOPIT OF HIGHWAYS
DIVISION OF HIGHWAYS
Ey
--Ver
gineer
Albert Frei
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IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No.
LN THE MATTER OF THE APPLICATION
'OR WATER RIGHTS OF
W-2725
THE COLORADO RIVER
.ARTON PORTER RULING
GARFIELD COUNTY
4
[TTET
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=TATS OF Ot_OTRAD
i
.,.�., ..v..' v.r
OF REFEREE
The above entitled application was filed on June 20, 1975 and
referred to the undersigned as Water Referee for Water Division
5, State of Colorado, by the Water Judge of said Court on the 1st
of July, 1975, in accordance with Article 92 of Chapter. 37, Colo -
do Revised Statutes 1973, known as The Water Rights Determination
1 Administration Act of 1969.
And the undersigned Referee having made such investigations as
e necessary to determine whether or not the statements in the appli-
Gation are true and having become fully advised with respect to the
:bject matter of the application does hereby make the following deter -
nation and ruling as the Referee in this matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is Porter Purnp and Diversion Ditch.
3. The name of the claimant and address is Barton Porter; P.O.
201; New Castle, Colorado.
4. The source of the water is the Colorado River.
5. The point of diversion is located on the Southerly bank of
i e Colorado River in Section 12, T.6S., R.92 W. of the 6th P.M. at a
point whence the Northwest Corner of said Section 12 bears N. 050 17' 06"W.
2,394.26 feet.
6. The use of the water is irrigation.
7. The date of initiation of appropriation is April 1, 1971.
8. The amount of water claimed is 4.0 cubic feet of water per
second of time, absolute and 3.0 cubic feet of water per second of time,
'::onditional.
9. The pump was installed and 4.0 cubic feet of water per second
{= time was first used on April 15, 1971, to irrigate 100 acres of the
,pplicant's land.
10. The applicant intends to bring an additional 80 acres of land
'ruder irrigation and use an additional 3.0 cubic feet of water per second
i1 time.
11. To lessen the expense of pumping and thereby minimize the
:.ggregate amount of water needed to irrigate the land, the applicant
4 4
asks in the alternative the right to divert 12.0 cubic feet of water per
second of time on condition that such diversion and amount of water di-
erted on a volumetric basis be limited to a total of 960 acre feet to
-.e used in four periods of ten days each during each irrigation season.
The Referee does therefore conclude that the above entitled ap-
t
;.)lication should he granted and that an absolute decree for 4.0 cubic
'eet of water per second of time and a conditional decree for 3.0 cubic
feet of water
Lnd Diversion
:appropriation
per second of time is hereby awardtd to the Porter Pump
Ditch for irrigation and livestock water purposes, with
date of April 1, 1971.
The Referee does further conclude that the Porter Pump
and Di-
F,.rsion Ditch may, in the alternative, divert 12.0 cubic feet of water
,,or second of time on the condition that the total annual amount of water
L,o diverted be limited to 960 acre feet, to be used in four periods of
,en days each during each irrigation season.
Said water right shall be subject, however, to all earlier priority
-ights of others, and to the integration and tabulation by the Division
,.:ngineer of such priorities in accordance with law.
As to the 3.0 cubic feet of water per second of time conditionally
.warded, an Application for a Quadrennial finding of Reasonable Diligence
hall be filed in October of 1979 and in October of every fourth calendar
.rear thereafter so
ti_onal water right
conal water tight
long as the claimant desires
or until a determination has
has become an absolute water
to maintain the condi-
been made that the condi-
right by reason of the
;ompletion of the appropriation.
It is accordingly ORDERED that this ruling shall be filed with the
+ater Clerk and shall become effective upon such filing, subject to
Judicial review pursuant to Section 37-92-304 CRS 1973.
It is further ORDERED that a copy of this ruling shall be filed
?ith the appropriate Division Engineer and the State Engineer
Done at the City of Glenwood Springs, Colorado, this
day of 61?;n5Y94F7A.0f-
No protest tats filet +: r7atto-
Ihc forcr.oing
i:nd approved, and is n:,c- the
Judgment and Decree of this court.
, 197,
BY THE REFEREE:
bate eferee
Water Division No. 5
State of Colorado
o� SQLCi-c\71g4
CERISE
I RIFiXIIO lSE
YELLSauEZ
CiDL.ORADD DEPARTMENT RIF HE .TH
Richard D. Lamm r * FranW, Traylor, M.D.
Governor 1 e Z 6 Executive Director
4/28/82
Albert Frei & Sons, Inc.
oAlbert Frei
11521 Brighton Blvd.
Henderson, CO 80640
CERTIFZD: 8986g29
GARFIELD COUNTY COMM.
FE: Final Permit, Colorado Wastewater Discharge Permit Number: C0-0038849
Garfield County
Gentlemen -
Enclosed please find a copy of the permit issued under the Federal Clean
Water Act arra Colorado Water Quality Control Act.
Issuance of this permit constitutes a final determination by the Division
of Administration of the Colorado Department of Health, in conjunction
with the U.S. Environmental Protection agency and may be subject to
administrative review proceedings pursuant to the State Administrative
Procedure Act, including an adjudicatory hearing. You are advised to
consult this act and particularly to consult Sections 24-4-104, 24-4-105,
24-4-102(7), and 25-8-401, C.R.S. 1973 for more information. In
additions, the Regulations for the State Discharge Permit System contains
material that is pertinent to any administrative review of the issuance
of this permit.
Your Waste Discharge Permit required that specific action be performed at
designated time. Failure to meet these requirements constitutes a
violation of this permit and can result in civil and/or criminal
action(s). Please read the permit very thoroughly.
1.. All municipal and industrial facilities are required to submit
self-monitoring information. (PART 1.B. Monitoring and R.eccrting).
Frequencies and types of self-monitoring are summarized in PART I.A.
Effluent Limitations and Monitoring Requirements.
2. Monitoring and reporting requirements for feedlots are described in
PART I.A. Effluent Limitations and Monitoring Requirements (see 2.C.)
and in PAF.: I.B.
M cni tori ar,d Report i rxa .
-12 EAST 11TH AVENUE CENVER,0OLORADO 80220 PHONE (303) 320-8333
New
Permit too. 00-0038849
County: Garfield
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE -PERMIT SYSTEM
In compliance with the provisions of the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 et. seq.; the "Act"), and the Colorado Water
Quality Control Act (25-8-101 et. seq., CRS, 1973 as amended)
Albert Frei & Sons, Inc.
is authorized to discharge from their sand and gravel operation near Silt,
Colorado
located in parts of Sections 12 and 13, Townships 6 South, Range 92 West
to the COLORADO RIVER
in accordance with effluent limitations, monitoring requirements and tithe-
conditions set forth in Part I, II, and III hereof.
This permit shall become effective thirty (30) days arter the date of
receipt of this permit by the Applicant. Should :he Applicant choose to
contest any of the effluent limitations, monitoring requirements or cther
conditions contained herein, he must comply with Sectio. 24-4-104 CRS 1573
and the Regulati.ons For the State Discharge Permit System. Failure to
contest any such effluent limitations, .monitoring requirement, or other
condition is consent to the condition by :he Apolican:.
This permit and the authorization to discharge shall expire ac midnight,
December 31, 1986
Signed th i / ay of //, /4"7";„)/
COLORADO DEPARTMENT OFE^LTH
/1
Gar "G:'9roetz^.a
Director
'dater Quality Control Division
5/31
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PART I
Page 2 of 17
Permit No.: CO -0038849
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1-31
PART l
Page 3 of 17
Permit No: C0-0038849
A. EFFLUENT LIMITATIONS ANO MONITORING REQUIREMENTS (Continued)
2. Monitoring Requirements -Ongoing
In order to obtain an indication of the -probable compliance or
noncompliance with the effluent limitations specified in Part
1, the permittee shall monitor all effluent parameters at the
following required frequencies.
Effluent Parameter Measurement Frequency d/e/
-Flow (MGD-) Weekly
ph (s.u.) Weekly
Total Suspended Solids (mg/1) Monthly
Oil and Grease (mg/1) Weekly.
Salinity g/ Quarterly h/
Sample Type f/
Instantaneous or continuous
Grab
Grab
Visual or grab
Grab
Self-monitoring samples taken in compliance with the monitoring requirements
specified above shall be taken at the following location(s): at 001, 002, 003
and any subsequently approved discharge points submitted pursuant to Part 111-A
d) Monitoring is required only during periods of discharge. If "no
discharge" occurs, this shall be reported at the specified frequency.
(See Part B.)
When the measurement frequency indicated is quarterly, the samples
shall be collected during March, June, September, and December iF
a continual discharge occurs. If the discharge is intermittent, then
samples shall be collected during the period that discharge occurs.
f) See definitions, Part 3.
g) Salinity shall be measured as Total Dissolved Solids (TDS) or electrical
conductivity where a satisfactory correlation with TDS has been established
based on a minimum of five (5) samples._ Samples shall be taken at the
permitted discharge point. -
h) Salinity shall be sampled on a monthly basis: until six samples have -been
analyzed. Thereafter, monitoring shall continue on a quarterly basis.
Following submittal of the first six month of data, the Division shall
determine eligibility of a waiver of numeric limitation based on salt -
loading. If a waiver is not granted, then the permittee has an additional
six months to submit a report addressing salt removal in accordance with
Regulations 3.10.0 - 3.10.5 and Appendix A.
PART I
Page 4 of 17
PERMIT NO: C0-0038849
8. MONITORING ANO REPORTING
1. Representative Sampling
Samples and measurements taken as required herein shall be representative
of the volume and nature of the monitored discharge.
2. Reporting
Monitoring results obtained during the previous 3 months shall be
summarized for each calendar quarter and reported on applicable
discharge monitoring report forms (EPA Form 3320-1), postmarked no
later than the 28th day of the month following the completed quarter.
For example, for the 1st quarter (January, February and March) the
report would be mailed on or before April 28. If no discharge occurs
during the reporting period, "No Discharge" shall be reported.
Duplicate signed copies of these, and all other reports required
herein, shall be submitted to the Regional Administrator and the
State at the following addresses:
Colorado Department of Health
Water Quality Control Division
Monitoring & Enforcement Section
4210 East 11th Avenue
Denver, Colorado 80220
3. Definitions
U.S. Environmental Protection Agency
1860 Lincoln Street - Suite 103
Denver, Colorado 80295
Attention: Enforcement - Permit Program
a A "composite" sample, For monitoring requirements, is defined as a
minimum of four (4) grab samples collected at equally spaced two (2)
hour intervals and proportioned according to flow.
b. A "grab" sample, for monitoring
"dip and take" sample collected
discharge stream.
requirements, is defined as a single
at a representative point in the
c. An "instantaneous" measurement, For monitoring requirements, is
as a single reading, observation,
ing facilities.
4. Test Procedures
defined
or measurement using existing monitor -
Test procedures for the analysis of pollutants hall conform to regulations
published pursuant to Section 304 (h) of the Act, and Colorado State Effluent
Limitations (10.1.5), under which such procedures may be required.
5. Recording of Results
For each measurement or sampie taken pursuant to the requirements of this
permit, the permittee shall record the following information:
a. The exact place, date, and time of sampling;
b. The dates the analyses were performed;
c. The person(s) who performed the sampling;
3/81
PART I
Page 5 of 17
Permit No: CO -0038849
d. The person(s) who performed the analyses;
e The analytical techniques or methods used; and
f. The results of all required analyses.
6. Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified.
7. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values
required in the Discharge, Monitoring Report Form (EPA No. 3320-1),
or other forms as required by the Division. Such increased frequency
shall also be indicated.
8. Records Retention
All records and information resulting from the monitoring activities
required by this permit including all records of analyses performed
and calibration and maintenance of instrumentation and recordings
from continuous monitoring instrumentation shall be retained for a
minimum of three (3) years, or longer if requested by the Regional
Administrator or the State Water Quality Control Division.
9. Special One -Time Monitoring
At the first instance of discharge, grab samples shall be taken and
analyzed for the following parameters:
pH (s.u.)
Alkalinity (mg/1)
Total Suspended Solids
Oil and Grease (mg/1)
Total Dissolved Solids
Results shall be submitted to the Permits Section, Water Quality Control
Division, within 14 days of receipt.
i/8i
PART I
Page 6 of 17
Permit No.CO-0038849
C. SPILL PREVENTION AND CONTAINMENT PLAN
The permittee shall, within sixty (60) days after the effective date of this permit,
submit to the State Water Quality Control Division, a spill prevention and
containment plan, prepared by a professional engineer registered in the State
of Colorado. Plans shall include information and procedures for the prevention
and containment of spills of materials used, processed, or stored, at the
facility which could possibly be spilled and might have a visible or otherwise
detectable impact on the waters of the State. The plan should include but not
necessarily be limited to the following:
1. A history of spills which have occurred in the three (3) years preceeding the
effective date of this permit. The history shall include causation of the
spills and a discussion of preventive measures designed to prevent them
from reoccurring;
2. A description of the reporting system which will be used to alert responsible
facility management, the State Water Quality Control Division, the
Environmental Protection Agency, downstream water users, and local health
officials;
3. A description of preventative facilities (including overall facility plot)
which prevent, contain, or treat, spills and unplanned discharges;
4. A list of all materials used, processed, or stored, at the facility which
represent a potential spill threat to surface waters;
5. An implementation schedule for additional facilities which might be required
in (3) above, but which are not yet operational;
6. A list of available outside contractors, agencies, or other bodies which
could be utilized in the event of a spill in order to clean up its effects;
7. Provision for periodic review and updating of the contingency plan.
The foregoing provisions shall in no way render inapplicable those requirements
imposed by Section 311 of the Federal Water Pollution Control Act Amendments of 1972,
regulations promulgated thereunder, the Colorado Water Quality Control Act, and
regulations promulgated thereunder.
Nothing herein contained shall be construed as allowing any discharge to waters of
the State other than through the discharge points specifically authorized in this
permit. Nothing herein contained shall be construed as waiving any liability the
permittee might have, civil or criminal, for any spill.
If this facility has an approved'spill prevention and containment plan now in effect,
please submit a copy of this plan with an update, if necessary.
2/2/77
Page 7 of 17
Permit No: CO -0038849
A. MANAGEMENT REQUIREMENTS
Q
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms
and conditions of this permit. The discharge of any pollutant
identified in this permit more frequently than or at a level in
excess of that authorized shall constitute a violation of the permit.
Any anticipated change in discharge location, facility expansions,
production increases, or process modifications which will result
in new, different, or increased discharges or poilutants must be
reporteb by submission of a new NPDES application or, if such changes
will not violate the effluent limitations specified in this permit,
by notice tc; the State Water Quality Control Division of such changes.
Process modifications include, but are not limited to, the introduction
of any new pollutant not previously identified in the permit, or any
other modifications which may result in a discharge of a quantity or
quality different from that which was applied for. Following such
notice, the permit may be modified to specify and limit any pollutants
not previously limited.
2. Noncompliance
(A) Definitions
(3)
(1)
Upset: An exceptional incident in which there is unintentional
and temporary noncompliance with technology-based permit
effluent limitations because of factors beyond the reasonable
control of the permittee.
(2) Bypass: The intentional diversion of waste streams from any
portion of a treatment facility.
(3)
Severe Property Damage: Substan,ial physical damage to property,
to the treatment facilities to cause them to become inoperable, or
substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. It
does not rein economic loss caused by delays in production.
Notification
(1)
1/91 NON FEEDLOT
IF, for any reason, the permittee does not comply with or will be
unable to comply with any maximum discharge limitations or
standards specified in this permit, the perrittee shall, at 3
minimum, provide the Dater Quality Control Division and EPA with
the following information:
a) A description of the discharge and cause of noncompliance
b) The period of noncompliance, including exact dates and times
and/or the anticipated time when the discharge will return to
compliance: and
c) Steps being taken to reduce, eliminate, and prevent recurrence
of the noncomplying discharge.
PART II
Page 8 of 17
Permit No: CO -0038849
2. Noncompliance (cont'd)
(2) The following instances of noncompliance shall be reported orally
within 24 hours from the time the permittee becomes aware of the
circumstances, and a written report mailed within five days of
the time the permittee becomes aware of the circumstances:
(3)
(4)
a) Any instance of noncompliance which may endanger health or
the environment
b) Any unanticipated bypass which exceeds any effluent limitation
in the permit
c)
Any upset which exceeds any effluent limitation in the permit
(See Fed. Reg. Vol. 45, No. 98, 122.60 (h) for upset conditions)
d) Daily maximum violations for any toxic pollutants or hazardous
substances limited in PART I -A of this permit.
The permittee shall report all instances of noncompliance not
reported in "Notification", paragraph 2-(B)-(2) (above), at the
time discharge monitoring reports are submitted (EPA Form 3320-1).
The reports shall contain the information listed in "Notification",
paragraph 2-(B)-(1) (above).
Where the permittee becomes aware that it failed to submit any
relevant facts in a permit application, or submitted incorrect
information in a permit application or report to the Division,
it shall promptly submit such facts or information.
(C) Bypass
(1)
The permittee may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but only if it also is for
essential maintenance to assure efficient operation. No Division
notification is required, and this case is not subject to the
requirements in paragraphs 2-(C)-(2) through 2-(C)-(4), (below).
(2) If the permittee knows in advance of the need for a bypass, it
shall submit notice, if possible at least ten days before the
date of the bypass, to the Division and the Environmental
Protection Agency (EPA). The bypass shall be subject to
Division approval, and limitations imposed by the Division and EPA.
(3) For an unanticipated bypass, see the requirements listed in
"Notification", paragraph 2-(B)-(2), (above).
(4) Bypass is prohibited, and the Division may take enforcement
action against a permittee for bypass, unless:
a) Bypass was unavoidable to prevent loss of life, personal
injury, or severe property damage;
1/81
PART II
Page 9 of 17
Permit No:CO-0038849
2. Noncompliance (cont'd)
b) There were no feasible alternatives to the bypass, such as
the use of auxiliary treatment facilities, retention--o-f— ----
untreated wastes, or maintenance during normal periods of
equipment downtime. This condition is not satisfied if the
permittee could have installed adequate backup equipment to
prevent a bypass which occurred during normal periods of
equipment downtime or preventative maintenance; and
c) The permittee submitted notices as required in
"Notification", paragraph 2-(B) (above).
3. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course
of treatment or control of wastewaters shall be disposed of in a manner such
as to prevent any pollutant from such materials from entering waters of the
State.
4. Facilities Operation
The permittee shall at all times maintain in good working order and
operate as efficiently as possible all treatment or control facilities
or systems installed or used by the permittee to achieve compliance
with the terms and conditions of this permit.
5. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse
impact to waters of the State resulting from noncompliance with any
effluent limitations specified in this permit, including such accelerated
or additional monitoring as necessary to determine the nature and impact
of the noncomplying discharge.
6. Any discharge to the waters of the State from a point source other than
specifically authorized is prohibited.
7. Reduction, Loss, or Failure of Treatment Facility
(A) The permittee shall, to the extent necessary to maintain compliance with
its permit, control production, or all discharges, or both until the
facility is restored or an alternative method of treatment is provided.
(8)
1/81
This provision also applies to power failures, unless an alternative
power source sufficient to operate the wastewater control facilities
is provided.
PART 11
Page 10 of 17
Permit No: C0-0038849
B. RESPONSIBILITIES
1. Right to Entry
The permittee shall allow the Director of the State Water Quality Control
Division, the EPA Regional Administrator, and/or their authorized repre-
sentative, upon the presentation of credentials:
(A) To enter upon the permittee's premises where a regulated facility or
activity is located or in which any records are required to be kept
under the terms and conditions of this permit;
At reasonable times to have access to and copy any records required to
be kept under the terms and conditions of this permit and to inspect
any monitoring equipment or monitoring method required in the permit; and
(C) To enter upon the permittee's premises to reasonably investigate any
actual, suspected, or potential source of water pollution, or any
violation of the Colorado Water Quality Control Act. The investigation
may include, but is not limited to, the following: sampling of any
discharge and/or process waters, the taking of photographs, interviewing
of any persons having any knowledge related to the discharge, permit,
or alleged violation, and access to any and all facilities or areas
within the permittee's premises that may have any affect on the
discharge, permit, or alleged violation.
(3)
2. Duty to Provide Information
The permittee shall furnish to the Division, within a reasonable time, any
information which the Division may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating this permit,
or to determine compliance with this permit.
3. Transfer of Ownership or Control
In the event of any change in control or ownership of facilities from which
the authorized discharges emanate, the permittee shall notify the succeeding
owner or controller of the existence of this permit by letter, a copy of
which shall be forwarded to the Regional Administrator and the State Water
Quality Control Division.
4. Availability of Reports
Except for data determined to be confidential under Section 308 of the Act
and Regulations For the State Discharge Permit System 6.1.8, all reports
prepared in accordance with the terms of this permit shall be available for
public inspection at the off;ces of the State Water Quality Control Division
and the Regional Administrator.
As required by the Act, effluent data shall not be considered confidential.
Knowingly making anv raise statement on any such report may result in the
imposition of criminal 2ena;t es as provided For in Section 309 of the Act,
and Section 25-8-610 R.S. 7973
1/81
PART II
Paae 11 of 17
Permit No: .CO -0038849
5. Permit Modification
After notice and opportunity for a hearing, the permit may be modified,
suspended, or revoked in whole or in part during its term for cause
including, but not limited to, the following:
(A) Violation of any terms or conditions of this permit;
(B) Obtaining this permit by misrepresentation or failure to disclose
fully all relevant facts;
(C) A change in any condition which results in a temporary or permanent
reduction, elimination, addition or increase of the permitted discharge.
(Changes in Water Quality Standards, control regulation or duly promulgated
plans would qualify as "a change in any condition.");
(D) This permit shall be modified, or alternatively, revoked and reissued, to
comply with any applicable effluent standard or limitation issued or approved
under sections 301(b)(2)(C), and (3), 304(b)(2), and 307(a)(2) of the Clean
Water Act, if the effluent standard or limitation so issued or approved:
(1) Contains different conditions or is otherwised more stringent than
any effluent limitation in the permit; or
(2) Controls any pollutant not limited in the permit.
The permit as modified or reissued under this paragraph shall also contain
any other requirements of the Act then applicable.
6. Toxic Pollutants
Notwithstanding "Permit Modification", paragraph 6-5 (above), if a toxic
effluent standard or prohibition (including any schedule of compliance
specified in such effluent standard or prohibition) is established under
Section 307(a) of the Act for a toxic pollutant which is present in the
discharge and such standard or prohibition is more stringent than any
limitation for such pollutant in this permit, this permit shall be revised
or modified in accordance with the toxic effluent standard or prohibition
and the permittee so notified.
7. Civil and Criminal Liability
Except as provided in permit conditions on "Reduction, Loss or Failure of
Treatment Facility", (A-5), nothing in this permit shall be construed to
relieve the permittee from civil or criminal penalties for noncompliance.
(See Fed. Reg. Vol. 45, No. 98, 122.60).
8. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any .
legal action or relieve the permittee from any respons1blit1es, liabilities, or
penalties to which the permittee is or may be subject under Section 311 of the Act.
2/81
PART 11
Page 12 of 17
Permit No: C0-0038849
9. State Laws
Nothing in this permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities, liabilities,
or penalties established pursuant to any applicable State law or regulation
under authority preserved by Section 510 of the Act.
10. Permit Violations
Failure to comply with any terms and/or conditions of this permit shall
be a violation of this permit.
11. Property Rights
The issuance of this permit does not convey any property rights in either
real or personal property, or any exclusive privileges, nor does it authorize
any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations.
12. Severability
The provisions of this permit are severable, and if any provisions of this
permit, or the application of any provision of this permit to any circumstance,
is held invalid, the application of such provision to other circumstances,
and the remainder of this permit shall not be affected thereby.
13. At the request of a permittee, the Diyision may modify or terminate a permit
and issue a new permit if the following conditions are met:
(A) The Regional Administrator has been notified of the proposed modifi-
cation or termination,and does not object in .writing within thirty
(30) days of receipt of notification; and
(B) The Division finds that the permittee has shown reasonable grounds
consistent with the Federal and State statutes, and regulations for
such modification or termination; and
(C) Requirements of public notice have been met.
The filing of a request by the permittee for a permit modification, revokation
and reissuance, or termination, or a notification of planned changes or
anticipated noncompliance, does not stay any permit condition.
14. it shall not be a defense for a permittee in an enforcement action that it would
be necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of this permit.
15. Signatory Requirement
All applications, reports, or information submitted to the Division shall be
signed and certified.
1/31
PART III
Page 13 of 17
PERMIT NO.:C0-0038849
A. SPECIAL REQUIREMENTS
1. Not withstanding the provisions of PART II, paragraph A-1 the permittee
shall submit a written request to the Colorado Water Quality Control
Division for designation of new discharge points or deactivation of
existing discharge points. New discharge point designations shall be
submitted in not less than 180 days prior to the proposed time of dis-
charge. The request shall be accompanied by area maps which shall meet
the specifications set forth below. Each discharge point shall be
numbered consecutively (001, 002, 003, etc.) and designated on the map.
Pursuant to 5 CCR 1002-2 Section 6.9.3(10), permit changes which qualify
as a minor modification shall not be subject to public notice requirements
and will become effective upon the date of final Division action.
2. Area maps shall be made from USGS topographical maps (7.5 or 15 -minute
series) or other appropriate sources as approved by the Colorado Water
Quality Control Division. Each revised area map shall be 8-1/2 inches
by 11 inches and reproducible by rapid printing methods or as approved
by the Division. Where additional 8-1/2 x 11 maps are required to show
the area of operation, they shall be numbered and a key shall be shown
on the first map. The first map section shall have the company name,
mine/job name, address, and Colorado Discharge permit number printed
thereon. Also, one line of latitude and one line of longitude shall be
marked on each map section. The area map(s) shall delineate the
following, using the graphics as indicated: -
(A) Existing area of operation (Solid Outline)
(B) Existing point source ® (Solid Triangle)
(C) The projected area of operation for the life
of the Colorado Discharge permit (Dashed Outline)
(D) The projected point source for
the life of the Colorado Discharge permit 0 (Opened Triangle)
3. Submitted requests for new discharge points or deactivation of existing
discharge points shall be subject to the review and approval of the
Division.
4/82
PART III
Page14 of 17
Permit No: CO -0038849
B. GENERAL REQUIREMENTS
1. The permittee shall not discharge after the expiration date of this
permit without authorization. In order to receive authorization to
discharge after the expiration date, the permittee shall, no later
than 180 days prior to the expiration date of this permit, submit a
new NPDES application and fees as required by the permit issuing
authority.
2. The permittee is required to submit a fee as set forth in
Section 25-8-502 C.R.S. 1973 as amended. Failure to submit the
required fee is a violation of this permit and will result in the
suspension of said permit and enforcement action pursuant to Section
25-8-601 et. seq., 1973 as amended.
3 Within sixty (60) days of the effective date of this permit, the
permittee shall file a statement with the Environmental Protection
Agency and the State Water Quality Control Division which shall
contain the names of the person or persons who are designated to
report conditions as noted in "Noncompliance", Part I1, Section A,
Paragraph 2, and as referenced in "Oil and Hazardous Substance
Liability", PART Il, Section B, Paragraph 8. The permittee shall
continually update this list as changes occur at the facility.
4. Within three (3) months after the effective date of this permit, a
flow -measuring device shall be installed at all discharge points.
At the request of the Regional Administrator of the Environmental
Protection Agency or the Director of the State Water Quality Control
Division, the permittee must be able to show proof of the accuracy
of any flow -measuring device used in obtaining data submitted in
the monitoring report. The flow -measuring device must indicate
values within ten (10) percent of the actual flow being discharged
from the facility.
5. Discharge points shall be so designed or modified that a sample of
the effluent can be obtained at a point after the final treatment
process and prior to discharge to state waters.
3/81
PART III
Page 15 of 17
Permit No.: CO -0038849
C. ADDITIONAL DEFINITIONS (Applies to Gravel Pits)
1. The term "point source" means any discernible, confined, and discrete
conveyance, including but not limited to any pipe, channel, ditch,
tunnel, conduit, well, discrete fissure, or container from which
pollutants are or may be discharged into waters of the State.
2. The term "discharge" means any addition of any pollutant or pollutants
to waters of the State, from any point source.
3. The term "10 -year, 24-hour precipitation event" means the maximum
24-hour precipitation event (usually indicated in inches) with a
probable reoccurrence interval of once in 10 years.
4. The term "deactivated point" means any location previously specified
as a permitted discharge point, where active mining and mining -
related activities have ceased and where reclamation has progressed
to a state judged sufficient to the Water Quality Control Division.
Any location having been identified and classified as a "deactivated
point" in writing shall be considered as such for permitting, monitoring,
and enforcement purposes.
Part 111
Page 16 of 17
Permit No. CO -003884
SSS ••
..
1 / 1.
Part 111
Page 17 of 17
7.; rrpltt Num - • C09008849
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ANO 11.131 •r'
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Rio GR4NOE
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FIGURE 2
ALBERT FREI & SONS
SILT PIT
44 l
841
I
V•
54100
1 1�
74•
•
/--' —"sr-
/-
-
i1 4 •
r assmo., _ --
P 04 the S74 N /4, SW/4 N /4,
S EJ
NW/4, N4 SW/4, t1/4 SW/4,
SW/4 S(U/4, SEE/4 SW/4, NE/4 SE/4,
Nw/4 SE/4 & SW/4 SE/4. Sec. 11.
and pant o6 ,the. NW/4 SW/4 and SW/4
NW/4, Sec. 12, T6S, R92W, 6th P.M.,
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
--4210 East 11th Avenue
Denver, Colorado 80220
RATIONALE -
ALBERT FREI & SONS, INC.
PERMIT NUMBER: CO -0038849
GARFIELD COUNTY
Type of Permit: Minor Industrial -New
SIC NO: 1442
LOCATION: In parts of Sections 12 and 13,
Township 6 South,- Range 92 West
approximately one mile east of
Silt, Colorado
CONTACTS:
RECEIVING WATER:
CLASS:
1. FACILITIES DESCRIPTION:
Albert Frei -
11521 Brighton Blvd.
Henderson, Colorado -80640
(303)+289-33-16
Colorado River
B2
The facility is a sand and gravel
mining operation near Silt, Colorado.
A wash plant,crusher system and
loading facility are also planned
for the site.
Wastewater will consist of the
clear water draining from the
gravel to the pump sump where it
will then be discharged to the _
Colorado River. Three discharge
points are identified in this
permit. Samples for compliance
monitoring shall be taken at the
outfalls from the pumps located
at each respective discharge
point.
Wastewater from the wash plant will
go to a settling pond and will then
be recirculated to the wash operation;
it wfTT not be released to the river.
No discharge has occurred at this
time as the operation is new. The
permittee has proposed using a 1200
gpm pump for dewatering.
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
Summary of Rationale Page 2
PERMIT NUMBER: CO -0038849
IC. EFFLUENT LIMITATIONS AND RATIONALE Discharge Points 001, 002, 003:
Parameter Limitation Rationale
Flow (MGD) NA Monitor
ph (s.u.) 6-9 State Effluent Standards
TSS (mg/1) 25,45 Best Engineering Judgement
of BAT
Oil and Grease (mg/1) 10 State Effluent Standards
Salinity NA Monitor
The permit shall expire December 31, 1986.
=EDL. Discussion:
A. Changes in discharge points
The permit has been written to allow for discharge to the river from
three different locations at the mine site. If additional points
are needed, the permittee shall request the new points in accordance
with instructions on page 13. If the Division then determines the
change is not significant, the permit will be modified to include
the new point(s) of discharge and no public notice period will be
necessary.
B. Best Available Treatment (BAT):
According to the Consolidated Permit Regulations, Federal Register
Volume 45, Number 98, Section 122. 62, any permit issued after June
30, 1981 must contain BAT limitations, whether they have been pro-
mulated or not. BAT has, not' been, promulgated for this category;
therefore, Best Engineering Judgement is assumed to be equivalent to
any final BAT.
C. One -Time Analyses:
For a new operation in the construction aggregate category, certain
parameters have been identified which are required to be analyzed
for at the first instance of discharge. These are listed on page
5. This does not preclude the ongoing monitoring requirements of the
permit.
D. Salinity:
In compliance with the "Regulation for Implementation of the Colorado
Salinity Standards Through the NPDES Permit Program", the permittee
shall sample for salinity in the wastewater effluent on a monthly
basis until six samples have been analyzed. Thereafter, monitoring
shall continue on a quarterly basis. The Division will review the
first six months of data and determine if a waiver of numeric limitations
COLORADO DEPARTMENT OF HEALTH
Water Quality Dontrol Division
Summary of Rationale Page 3
PERMIT NUMBER: CO -0038849
D. Salinity (cont.)
can be granted based on the salt -load to the river being less than
one ton/day (or 350 tons/year). If a waiver is not granted, then
the permittee has an additional six months to submit a report in
accordance with the Salinity Regulations, addressing economic fea-
sibility of salt -removal.
Sandy Squire
November 12, 1981
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH --
4210 East llth Avenue
Denver, Colorado 80220
Phone (303) 320-8333
CERTIFIED MAIL NO.: P 297 704 909
March 24, 1987
bkdi
i MAR 3 0 1987
GARFIELD COUNTY
Roy Romer
Governor
Thomas M. Vernon, M.D.
Executive Director
Frei, Albert and Sons
Albert Frei
11521 Brighton Road
Henderson, CO 80640
Re: Permit Number CO -0500114
County: Garfield
Balance Due: $220.00
Dear Mr. Frei:
This letter is to serve as official notification that the
above -referenced discharge permit has been suspended as-aresult of--===
non-payment of fees. Our records indicate that no payment has been
received by this office of the annual fee for the period July 1, 1986 to
June 30, 1987. Payment was originally due by February 10, 1987.
Suspension of your discharge permit results in a deprivation of your
right to discharge; any discharges that take place during the suspension
may result in fines of up to $10,000 per day and, in addition, may
involve other penalties found to be appropriate as defined in C.R.S.
25-8-601, 608, and 609. Full payment is due by April 8, 1987. If
payment is not received by this date, your account will be referred to
the State collection agency for collection and your permit will remain in
a suspended status.
If you have any questions concerning your fee or this action, please
contact Connie Moreno at 331-4539.
Sincerely,
Q:=4i7re
Seth M. G,.1dstein
Fiscal Officer
WATER QUALITY CONTROL DIVISION
cc:
Ginny Torrez
Connie Moreno
Carol Wehrkamp
Janet Fujita, EPA
Garfield County Department of Development ,%
John Blair, District Engineer