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Home My WebLink About04.0 Correspondence & Compliance- Multiple YearsREPLY TO ATTENTION OF DEPARTMENT OF THE ARMY SACRAMENTO DISTRICT CORPS OF ENGINEERS 650 CAPITOL MALL SACRAMENTO. CALIFORNIA 95814-4794 February 22, 1991 Regulatory Section (10133) Mr. Albert Frei Albert Frei & Sons 11521 Brighton Road Henderson, Colorado 80640 Dear Mr. Frei: Eg2M s FEB 25 1991 LI GHKfIELD COUNTY 1 I am writing to you concerning your Department of the Army permit application number 10133. This permit application was submitted seeking authorization to retain unauthorized material placed in wetlands and to place additional material into the flooded pit during reclamation. The Frei Pit is located southeast of the Town of Silt in Garfield County, Colorado. We last corresponded with you and Mr. Steven O'Brian by letter dated September 25, 1990. Our letter requested specific information regarding your proposal to purchase water from the Bureau of Reclamation and wetland mitigation plans. To date, we have not received this information. We wish to make a decision on this permit application in the near future. Please refer to our September 25, 1990 letter and respond to these items by March 22, 1991. We would appreciate your continued cooperation. If you have questions, please contact Gary Davis at telephone 243-1199. Sincerely, Grady L. McNure Chief, Western Colorado Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Copies Furnished: Mr. Stevan L. O'Brian, Environment, Incorporated, 9989 West 60th Street, Arvada, Colorado 80004 lr. Mark L. Bean, Garfield County Planning Department, 109 Eighth Street, Suite 303, Glenwood Springs, Colorado 91601-3303 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL December 11, 1990 Albert Frei Albert Frei & Sons, Inc. 11521 Brighton Rd. Henderson, CO 80640-9329 RE: Resolution No. 90-032 Dear Mr. Frei: Please consider this letter to be a notice of violation of condition #8 of Resolution No. 90-032, which requires your compliance with all State and Federal Regulations. Based on a letter dated 11/26/90, from the Colorado Department of Health, noting suspension of discharge permit No. CO -0500114; your Silt pit is in violation of the Special Use Permit conditions of approval contained in the previously noted resolution. If this situation is not rectified within 30 days of receipt of this letter, Garfield County will initiate action to rescind approval of your Special Use permit, as specified in 9.01.06 of the Garfield County Zoning Resolution of 1978, as amended and noted in condition #7 of Resolution No. 90-032. Your cooperation in resolving this matter will be appreciated. Sincerely, Mark L. Bean, Director Regulatory Offices and Personnel MLB/rlb 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver, Colorado 80220-3716 94 k3 33}990 Frei, Albert & Sons, Inc. Albert Frei 11521 Brighton Rd. Henderson, CO 80640-9329 Re: Frei Albert & Sons, Inc. Permit No. CO -0500114 Garfield County Dear Mr. Frei: Telefax: (303) 322-9076 (Main Building/Denver) (303) 320-1529 (Ptarmigan Place/Denver) (303) 248-7198 (Grand Junction Regional Office) Certified Mail No. P 561 495 077 Roy Romer Governor Thomas M. Vernon, M.D. Executive Director This letter is to serve as official notification that the above -referenced discharge permit has been suspended as a result 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, 1990 through June 30, 1991. Payment was originally due by September 24, 1990. 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 December 26, 1990. 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 me at 331-4539. Sincerely, w,V[t+t8 Seth M. Goldstein Fiscal Officer Water Quality Control Division CRM/dg xc: Louann Gaines, Permits & Enforcement, Water Quality Control Janet Fujita, Environmental Protection Agency Garfield County Health Department Dick Bowman, District Engineer, Water Quality Control 0339m/0133m NOV 19 1990 ban ifY NOV 14. 1990 cola Docil, of f -,,cath Orad jct. 3? s DISTRICT COURT, MESA COUNTY, COLORADO Case No._ RRc v® ASR p NOP 08 19 0<<�T� i 90 AIT I -. CO;NTOI TgTjOIv OPb �, COMPLAINT STATE LORADO, DEPARTMENT OF HEALTH, AIR POLLUTION CONTROL DIVISION, Plaintiff, v. CORN CONSTRUCTION COMPANY, a New Mexico corporation, Defendant. Plaintiffs, by and through the Attorney General for the State of Colorado, and the undersigned assistant attorney gen- eral, hereby allege as follows: PARTIES 1. Plaintiff Air Pollution Control Division ("Division"), is the agency of the Colorado Department of Health charged with the administration and enforcement of air quality programs. Section 25-7-111(1), C.R.S. (1989 Supp. Vol.). 2. The Defendant, Corn Construction Company, is a New Mexico corporation in good standing registered with the Secretary of State of the State of Colorado. JURISDICTION 3. This is an action for injunctive relief pursuant to the Air Quality -Control Act, S25-7-121, C.R.S. (1989), and for civil penalties pursuant to S25-7-122, C.R.S. (1989). 4. This Court has jurisdiction over the subject matter of this proceeding and venue is proper in the County of Mesa. ., FIRST CAUSE OF ACTION 5. Defendant is a highway paving contractor, operating portable asphalt plants. 6. On or about May 17, 1990, the Division issued a Notice of Violation to Defendant in accordance with the requirements of S25-7-115, C.R.S. (1989), informing Defendant that the emissions from its Cedarapids 13040 drum dryer asphalt plant exceeded 20 percent opacity, in violation of Colorado Air Quality Control Commission Regulation No. 1, SII.A.1, 5 CCR 1001-3 (10/88). A copy of said Notice of Violation is attached hereto as Exhibit A. 7. On June 13, 1990, pursuant to S25 -7-115(3)(a), C.R.S. (1989), the Division held a conference to give Defendant an opportunity to present data, views and arguments concerning the allegations in the Notice of Violation. 8. As a result of the conference referred to in paragraph 7, the Division issued a final Order for Compliance dated July 17, 1990 pursuant to S25 -7-115(3)(b), C.R.S. (1989), ordering De- fendant to cease operations in violation of the regulation. A copy of said Order for Compliance is attached hereto as Exhibit H. 9. Defendant has not requested review of the Division's Order before the Air Quality Control Commission and the time in which to do so has expired. 10. On August 3, 1990, emissions from Defendant's asphalt plant were again observed to be in excess of 20 percent opacity, in violation of the Compliance Order and Colorado Air Quality Control Commission Regulation No. 1, SII.A.1., 5 CCR 1001-3 (10/88). The observation indicated an average opacity of 36.4%. A copy of the inspection report is attached hereto as Exhibit C, a duplicate of which was given to Defendant on August 3, 1990, as reflected by signature thereon of John L. Bilker, Hot Plant Supervisor. 11. To prevent further violation, Plaintiff is entitled to a preliminary and permanent injunction pursuant to S25-7-121(1), C.R.S. (1989), which states: 25-7-121. Inunctions. (1) In the event any person fails to comply with a final order of the division or the commission that is not subject to stay pending admin- istrative review, or in the event any -2- person constructs, modifies, or commences operation of an air pollution source in violation of section 25-7-114(4), the divi- sion or the commission, as the case may be, may request the district attorney for the district in which the alleged violation occurs or the attorney general to bring, and if so requested it is his duty to bring, a suit for an injunction to prevent any further or continued violation of such order or of section 25-7-114(4). SECOND CAUSE OF ACTION 12. Plaintiff incorporates paragraphs 1 through 11 as if fully set forth herein. 13. Based upon the violation of the Division's Compliance Order stated above, Plaintiff is entitled to civil penalties of not more than twenty-five thousand dollars ($25,000) per day of violation pursuant to S25-7-122, C.R.S. (1989). WHEREFORE, Plaintiff requests this Court to enter an injunction enjoining Defendant from operating its asphalt paving plant in violation of the Division's Compliance Order. Plaintiff further requests that this Court order Defendant to pay civil penalties in the amount of $25,000 per day of violation. Respectfully submitted this day of November, 1990. PLAINTIFF'S ADDRESS: 4210 E. llth Avenue Denver, CO 80220-3716 FOR THE ATTORNEY GENERAL JUI(I WREND, 19042 Assistant Attorney General Natural Resources Section Attorneys for Plaintiff 1525 Sherman Street, 3d Floor Denver, Colorado 80203 Telephone: 866-5058 AG Alpha No. HLAPICAHJ AG File No. E90JDWL.122 -3- COLORADO DEPARTMENT OF HEALTH 222 So6th St, Room 232 Grand Junction, Colorado 81501 May 17, 1990 Mr. Donald E. Jordan Legal Agent of Service for Corn Construction Company 3199 D Road Grand Junction, Colorado 81501 Dear Sirs: STATE OF COLOPADO Telefax: (303) 322-9076 (Main Building/Denver) (303) 320.1529 (Ptarmigan Place/Denver) (303) 248-7190 (Grand Junction Regional Office) CERTIFIED MAIL NO. P103694206 Official Notice of Violation Roy Romer Governor Thomas M. Vernon, M. Executive Director Your attention is directed to the Colorado Air Quality Control Act, CRS, Section 109(2)(a) and (b), and specifically the Colorado Air Quality Control Commission's Regulation No. 1, Section II.A.1., which reads in part as follows: "Except as provided in paragraph 2 through 8 below, no owner or operator of a source shall allow or cause the emission into the atmosphere of any air pollutant which is in excess of 20% opacity. . ." An inspection of your Cedarapids 13040 drum dryer asphalt plant, (Emission Permit C-13,098) located southeast of Silt Colorado at the Albert Frei Gravel Pit, was made by Mr. Robert Jorgenson, a duly delegated and qualified representative of the Colorado Department of Health, Air Pollution Control Division, on May 7, 1990. On said date, emissions from the baghouse stack were observed to be in excess of 20% opacity between the times of 10:15 a.m. and 10:20 a.m., with opacity readings as follows: 1 reading of 20Z opacity 6 readings of 25Z opacity 10 readings of 30Z opacity 6 readings of 35% opacity 1 reading of 40Z opacity Average of 29.4 opacity EXHIBIT A Mr. Donald E. Jordan Legal Agent of Service for Corn Construction Company May 17, 1990 Page 2 Mr. Ed Settle, Vice President of Corn Construction, was contacted at the time of inspection and informed of the violation. Upon completion of the inspection, copies of the attached Analytical Report of Visible Emission Violation (Form APC -55) was given to and signed for by Mr. Settle. Pursuant to the above information, and as provided by Sections 25-7-115(2), CRS, this letter will serve as an OFFICIAL NOTICE OF VIOLATION of Regulation 1, as cited above. In accordance with the requirements of Section 25-7-115(3), a conference regarding the alleged violation has been scheduled for June 13, 1990 at the Colorado Department of Health, Air Pollution Control offices, 3773 Cherry Creek Drive North, Denver Colorado, at 3:00 p.m. in the Stationary Sources• Conference Room. As a result of the conference a determination will be made as to whether a violation occurred and, if such violation did occur, whether a noncompliance penalty must be assessed under Section 25-7-115(5). This conference will provide Corn Construction an opportunity to submit data, views and arguments concerning the alleged violation and whether assessment of non-compliance penanty is required. The Division may provide further opportunity for Corn Construction to respond after the conference if circumstances warrant. Should the scheduled date or time impose an inconvenience for you, contact this office for rescheduling. However, should you not attend the scheduled conference nor request a resched- uling of the meeting, further enforcement action shall be taken in accordance with Sections 25-7-121 (court injunction) and 25-7-122.(civil penalties), CRS. Please be advised that in accordance with Section 25-7-115(5)(c), CRS, a noncompliance penalty generally must be assessed for any period of violation from the date of issuance of this notice until the date on which the emission source is brought into compliance. The amount of a noncompliance penalty is calculated in accord with the provisions of 25-7-115(5)(b), CRS, and is basically equivalent to the "economic savings" to Corn Construction resulting from failure to comply with applicable air pollution control requirements. Any possible exceptions to the requirement for payment of a noncompliance penalty will be discussed at the scheduled conference. In addition to the noncompliance penalty, failure to comply with final orders of the Division could also result in imposition of a civil penalty of up to $25,000 per day. You are not yet, however subject to a final order. Refer- ence: Section 25-7-122, CRS. Mr. Donald E. Jordan Legal Agent of Service for Corn Construction Company May 17, 1990 Page 3 The Division intends to explain all procedures and possible sanctions at the above referenced conference. We will outline your statutory rights, including rights to administrative appeals and possibly applicable exemptions, at the conference as well. If you have any questions concerning the conference or which need answering prior to the scheduled conference, please contact this office. The conference is an informal proceeding. You may, however, have legal council attend with you. Sincerely, /.41/2 "'Scott J. Miller Air Pollution Control Engineer Air Pollution Control Division SJM/jw cc: Ron Rutherford, US EPA Martha Rudolph, Attorney Generals Office Garfield County Commissioners Garfield County Planning Department Harry Collier, Air Pollution Control Div. ✓' File COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver, Colorado 80220-3716 Phone (303) 320-8333 July 17, 1990 Mr. -Donald E. Jordan CORN CONSTRUCTION COMPANY 3199 D Road Grand Junction, Colorado 81501 Legal Agent of Service for CORN CONSTRUCTION COMPANY • P. 0. Box 1240 Grand Junction, Colorado 81502 Dear Mr. Jordan: STATE OF COLOIADQ Telefax: (303) 322-9076 (Main Building/Denver) (303) 320-1529 (Ptarmigan Place/Denver) (303) 248-7198 (Grand Junction Regional Office) Roy Romer Governor Thomas M. Vernon, M.D. Executive Director Certified Mail No: P 813 581 123 Return Receipt Requested ORDER FOR COMPLIANCI On June 13, 1990 a conference was held with Corn Construction Company at the Air Pollution Control Division office in accordance with the requirements of the Colorado Air Quality Control Act, Section 25-7-115(3)(a). The conference was held to give Corn Construction Company the opportunity to submit data, views and arguments concerning a NOTICE OF VIOLATION which was issued in accordance with the provisions of 25-7-115(2) and dated May 17, 1990. A summary of the information presented at the conference follows: Mr. Dennis Kirtland presented and discussed a letter which outlined several things which had been done to the plant and to operating procedures which improved the -performance and the emissions from the plant. The burner fuel has been changed from re -refined motor oil to #2 diesel fuel. The mix temperature has been lowered by 20°F. The asphalt injection line has been moved further back into the drum to protect the injection line from the flame of the burner. The baghouse was treated with vermiculite and start up procedures were modified to get a complete veil of gravel established before asphalt is introduced into the drum. All data, views or arguments concerning the alleged violation cited in the Notification of Violation dated May 17, 1990, which were presented at the conference have been reviewed. It has been -determined that a violation of the Colorado Air Quality Control Commission's Regulation No. 1, Section II.A.1. did exist, as cited in the NOTICE OF VIOLATION dated May 17, 1990. EXHIBIT B • '! Mr. Donald E. Jordan July 17, 1990 Page 2 In accordance with Section 25-7-115(3)(b) and (c), C.R.S., this letter shall serve as an ORDER FOR COMPLIANCE. Corn Construction Company shall comply with the requirements of Regulation No. 1, Section II.A.1 (copy attached). The Division has also determined that Corn Construction Company is not subject to the non-compliance penalty provisions of 25-7-115(5), C.R.S. No additional violations of the cited regulation have been observed at this time. This ORDER FOR COMPLIANCE is a final order issued by the Division. Failure to comply with a final order of the Division may result in further enforcement action under C.R.S., 25-7-121 (court injunction) and 25-7-122 (civil penalty of up to $25,000.00 per day). Pursuant to Section 25-7-115(4)(a) Corn Construction Company has the right to file a written petition with the Air Quality Control Commission requesting a hearing within twenty days of receipt of this letter. The hearing may be requested to determine anyone or all of the following: I. "Whether the alleged violation of non-compliance exists or did exist; II. Whether a revision of the State Implementation Plan or revision of a regulation or standard which is not part of the State Implementation Plan should be implemented with respect to such violations or non- compliance; III. Whether the owner or operator is subject to non-compliance penalties under Subsection (5) of this Section." All hearing requests should be addressed to Chairman, Air Quality Control Commission, Colorado Department of Health, 4210 East 11th Avenue, Denver, Colorado 80220. Should you have any questions concerning this matter, please contact this office at 331-8595. Sinc sly, 'David R. Ouimette, Chief Compliance Monitoring and Enforcement Section Air Pollution Control Division DRO/AC/jsg 0089i Enclosure cc: Martha Rudolph, Attorney General's Office Ron. Rutherford, U.S. EPA, Region VIII Air Quality Control Commission . Garfield County 'Commissioners Garfield County Planning Department Scott Hiller, Grand Junction Office Harry Collier, Air Pollution Control Division Revised: September 15, 1988 Effective: October 30, 1988 REGULATION NO. 1 Emission Control Regulations for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the State of Colorado I. APPLICABILITY: REFERENCED FEDERAL REGULATIONS A. The provisions of this Regulation No. 1 are applicable to both new and existing sources and without regard to whether a source has been issued an emission permit. Except where specifically made applicable to attainment or nonattainment areas, the requirements set forth herein apply statewide. (Areas designated as unclassifiable shall be treated as attainment). The provisions of this regulation apply to a source even though it may also be subject to other regulations of the Commission; and in the event the requirements of this regulation conflict or are inconsistent with the requirements of any other regulation of the Commission, the more stringent emission limitations shall apply except that a specific emission limitation for a particular source shall take precedence over a general emission limitation which is inconsistent. B. At several places in this regulation various federal regulations, performance standards, and procedures which have been previously published in the Federal Register and/or the code of Federal Regulations have been incorporated by reference. This regulation provides appropriate citations to such materials and incorporates them as they' are published. Amendments to such regulations, standards and procedures made after the effective date of this regulation are not incorporated herein. Copies of said .materials may be obtained for a nominal copying fee from the Technical Secretary to the Commission at the Air Quality Control Commission office at Ptarmigan Place, 3rd Floor, 3773 Cherry Creek Drive North, Denver, CO 80209. Copies are also available at the Commission office for public inspection at no cost. II. SMOKE AND OPACITY A. Stationary Sources 1. Except as provided in paragraph 2 through 8 below, no owner or operator of a source shall allow or cause the emission into the atmosphere of any air pollutant which is in excess of 20% opacity. Visible emissions shall be measured by EPA Method 9 (40 CFR, Part 60, Appendix A (1977) in all subsections of Section II. A and 8 of this regulation. 2. Interni ttent- Sources. Except as provided in paragraphs 3 through 8 below, no owner or operator of an intermittent source shall allow or cause 1.2 CERTIFICATE OF SERVICE This is to certify that I have duly served the within ,L/ NOTICE OF VIOLATION Lam/ COMPLIANCE ORDER L/ PENALTY LETTER L/ WARNING LETTER L/ OTHER upon all parties herein by depositing copies of same in the United States mail, postage prepaid, at Denver, Colorado, this 18 day of JULY , addressed as follows: Mailed to: MR. DONALD E. JORDAN CORN CONSTRUCTION COMPANY 3199 D ROAD GRAND JUNCTION, COLORADO 81501 0089i COLORADO DEPARTMENT OF HEALTH AIR' POLLUTION CONTROL DIVISION ANALYTICAL REPORT OF VISIBLE EMISSION VIOLATION C� r �� ` COMPANY ��' V ^ DATE t 3 ADDRESS OF SOURCE alAwskiks en/. j,I_1 (i c$.A._ / c• • City Street County , AQCR STACK NAME LLSSAeAl\--,C�+til BACKGROUND SKY CONDITION ni`{4-- RELATIVE HUMIDITY % MC.7 i WEATHER BUREAU AIR TEMP._oF WIND SPEED Gaiu . 1 e/V1 PLUME CHARACTERISTICS (Color, etc.) Ater WIND DIRECTION (From) NIv w STACK HEIGHT Feet OBSERVERS LOCATION Feet of Stack a° e.61 WET PLUME?LUME: (If WET. satin ate the breakpoint distance from the steak) CLOCK TIME 0 15 30 45 1I• 4/9 0 Z0 3S' 130 03 go 3b VC A 04 06 7r3.j yr Y.r' 4v g4 q 4'b 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . 29 - • OBSERVE SKETCH: Include 1) Wind Direction; 2) Sun Position: 3) Observer Position; 4) Approximate Location of stack; 5) North Arrow. If more than one stack is located at the plant site specifically identify the stack being read. Include remarks. PERSONS PRESENT • URING THE EVALUATION: Name: Title: Apr.c.c IF.7a.1mf LAID —s(>6— r eat.6% C� SIGNATURES: Duplicate of this Analytical Report Giv n o Name: �� e� r / Title: Date: So -i- PIaw* S4. f1 3o Time • EXHIBIT C Signature: STAT[ or COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver, Colorado 80220-3716 Phone (303) 320-8333 September 7, 1990 Mr. Kelley Lyon BASALT CONSTRUCTION CO 17838 Highway 133 Redstone, CO 81623 • Dear i✓ir. Lyon, ii•tetas: (3031 322-9076 (Main Building/Denver) (303) 320-1529 (Ptarmigan Place/Denver) (303) 248-7198 (Grand )unction Regional Office) Roy Romer Governor Thomas M. Vernon, M.D. Executive Director The Air Pollution Control Division has analyzed the compliance test report for the ADM Drum Mix Asphalt Plant located at Silt, Colorado. The numbers check out as they were reported and they show the plant to be in compliance with all of the terms and conditions of Permit No. 88PI136P. You should take note that condition No. 8 of your permit requires you to file a Revised Air Pollution Emission Notice prior to each relocation. Thank you for your cooperation. Sincerely, �Lf Robert Jorgenson Air Pollution Control Specialist Stationary Sources Program Air Pollution Control Division RJ/pp 0336i cc: Harry Collier Scott Miller SEP 18 1990 IU1I . ttIY t<J: ii {t �tY<V,W A STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver, Colorado 80220-3716 Phone (303) 320-8333 July 17, 1990 Mr. Donald E. Jordan CORN CONSTRUCTION COMPANY 3199 D Road Grand Junction, Colorado 81501 Legal Agent of Service for CORN CONSTRUCTION COMPANY P. O. Box 1240 Grand Junction, Colorado 81502 Dear Mr. Jordan: Telefax: (303) 322-9076 (Main Building/Denver) (303) 320-1529 (Ptarmigan Place/Denver) (303) 248-7198 (Grand )unction Regional Office) Roy Romer Governor Thomas M. Vernon, M.D. Executive Director Certified Mail No: P 813 581 123 Return Receipt Requested ORDER FOR COMPLIANCE On June 13, 1990 a conference was held with Corn Construction Company at the Air Pollution Control Division office in accordance with the requirements of the Colorado Air Quality Control Act, Section 25-7-115(3)(a). The conference was held to give Corn Construction Company the opportunity to submit data, views and arguments concerning a NOTICE OF VIOLATION which was issued in accordance with the provisions of 25-7-115(2) and dated May 17, 1990. A summary of the information presented at the conference follows: Mr. Dennis Kirtland presented and discussed a letter which outlined several things which had been done to the plant and to operating procedures which improved the performance and the emissions from the plant. The burner fuel has been changed from re -refined motor oil to #2 diesel fuel. The mix temperature has been lowered by 20°F. The asphalt injection line has been moved further back into the drum to protect the injection line from the flame of the burner. The baghouse was treated with vermiculite and start up procedures were modified to get a complete veil of gravel established before asphalt is introduced into the drum. All data, views or arguments concerning the alleged violation cited in the Notification of Violation dated May 17, 1990, which were presented at the conference have been reviewed. It has been determined that a violation of the Colorado Air Quality Control Commission's Regulation No. 1, Section II.A.1. did exist, as cited in the NOTICE OF VIOLATION dated May 17, 1990. „UL. 23 199u C. trt tLJ Mr. Donald E. Jordan July 17, 1990 Page 2 In accordance with Section 25-7-115(3)(b) and (c), C.R.S., this letter shall serve as an ORDER FOR COMPLIANCE. Corn Construction Company shall comply with the requirements of Regulation No. 1, Section II.A.1 (copy attached). The Division has also determined that Corn Construction Company is not subject to the non-compliance penalty provisions of 25-7-115(5), C.R.S. No additional violations of the cited regulation have been observed at this time. This ORDER FOR COMPLIANCE is a final order issued by the Division. Failure to comply with a final order of the Division may result in further enforcement action under C.R.S., 25-7-121 (court injunction) and 25-7-122 (civil penalty of up to $25,000.00 per day). Pursuant to Section 25-7-115(4)(a) Corn Construction Company has the right to file a written petition with the Air Quality Control Commission requesting a hearing within twenty days of receipt of this letter. The hearing may be requested to determine anyone or all of the following: I. "Whether the alleged violation of non-compliance exists or did exist; II. Whether a revision of the State Implementation Plan or revision of a regulation or standard which is not part of the State Implementation Plan should be implemented with respect to such violations or non- compliance; III. Whether the owner or operator is subject to non-compliance penalties under Subsection (5) of this Section." All hearing requests should be addressed to Chairman, Air Quality Control Commission, Colorado Department of Health, 4210 East llth Avenue, Denver, Colorado 80220. Should you have any questions concerning this matter, please contact this office at 331-8595. Since�Pely, ecu David R. Ouimette, Chief Compliance Monitoring and Enforcement Section Air Pollution Control Division DRO/AC/jsg 0089i Enclosure cc: Martha Rudolph, Attorney General's Office Ron Rutherford, U.S. EPA, Region VIII Air Quality Control Commission Garfield County Commissioners r Garfield County Planning Department' Scott Miller, Grand Junction Office Harry Collier, Air Pollution Control Division Revised: September 15, 1988 Effective: October 30, 1988 REGULATION NO. 1 Emission Control Regulations for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the State of Colorado I. APPLICABILITY: REFERENCED FEDERAL REGULATIONS A. The provisions of this Regulation No. 1 are applicable to both new and existing sources and without regard to whether a source has been issued an emission permit. Except where specifically made applicable to attainment or nonattainment areas, the requirements set forth herein apply statewide. (Areas designated as unclassifiable shall be treated as attainment). The provisions of this regulation apply to a source even though it may also be subject to other regulations of the Commission; and in the event the requirements of this regulation conflict or are i nconsi stent with the requirements of any other regulation of the Commission, the more stringent emission limitations shall apply except that a specific emission limitation for a particular source shall take precedence over a general emission 1irnitation which is inconsi stent. B. At several places in this regulation various federal regulations, performance standards, and procedures which have been previously published in the Federal Register and/or the code of Federal Regulations have been n orporated by reference. This regulation provides appropriate citations to such materials and incorporates them as they are published. Amendments to such regulations, standards and procedures made after the effective date of this regulation are not incorporated herein. Copies of said materials may be obtained for a nominal copying fee from the Technical Secretary to the Commission at the Air Quality Control Commission office at Ptarmigan Place, 3rd Floor, 3773 Cherry Creek Drive North, Denver, CC) 80209. Copies are also available at the Commission office for public inspection at no cost. II. SMOKE AND OPACITY A. Stationary Sources 1. Except as provided in paragraph 2 through 8 below, no owner or operator of a source shall allow or cause the emission into the atmosphere of any air pollutant which is in excess of 20% opacity. Visible emissions shall be measured by EPA Method 9 (40 CFR, Part 60, Appendix A (1977) in all subsections of Section II. A and B of this regulation. 2. Intermittent Sources Except as provided in paragraphs 3 through 8 below, no owner or operator of an intermittent source shall allow or cause 1.2 STATE OP COLORADO COLORADO DEPARTMENT OF HEALTH 222 So. 6th St., Room 232 Grand Junction, Colorado 81501 May 17, 1990 Mr. Donald E. Jordan Legal Agent of Service for Corn Construction Company 3199 D Road Grand Junction, Colorado 81501 Telefax: (303) 322-9076 (Main Mullding/O<'nver) (30,1) 320.1529 (Plarmlgan Plate/Denver) 1.10,1) 2187198 (Grand junction Regional (Alice) CERTIFIED MAIL N0. P103694206 Official Notice of Violation Roy Romer GQvctnor Thorn M. Vernon, M.l Executive Director Dear Sirs: Your attention i8 directed to the Colorado Air Quality Control Act, CRS, Section 109(2)(a) and (b), and specifically the Colorado Air Quality Control Commission's Regulation No. 1, Section II.A.1., which reads in part as follows: "Except as provided in paragraph 2 through 8 below, no owner or operator of a source shall allow or cause the emission into the atmosphere of any air pollutant which is in excess of 20% opacity. . An inspection of your Cedarapids 13040 drum dryer asphalt plant, (Emission Permit C-13,098) located southeast of Silt Colorado at the Albert Frei Gravel Pit, was made by Mr. Robert Jorgenson, a duly delegated and qualified representative of the Colorado Department of Health, Air Pollution Control Division, on May 7, 1990. On said date, emissions from the baghouse stack were observed to be in excess of 20% opacity between the times of 10:15 a.m. and 10:20 a.m., with opacity readings as follows: 1 reading of 20% opacity 6 readings of 25% opacity 10 readings of 30% opacity 6 readings of 35% opacity 1 reading of 40% opacity Average of 29.4 opacity Mr. Donald E. Jordan Legal Agent of Service for Corn Construction Company May 17, 1990 Page 2 Mr. Ed Settle, Vice President of Corn Construction, was contacted at the time of inspection and informed of the violation. Upon completion of the inspection, copies of the attached Analytical Report of Visible Emission Violation (Form APC -55) was given to and signed for by Mr. Settle. Pursuant to the above information, and as provided by Sections 25-7-115(2), CRS, this letter will serve as an OFFICIAL NOTICE OF VIOLATION of Regulation 1, as cited above. In accordance with the requirements of Section 25-7-115(3), a conference regarding the alleged violation has been scheduled for June 13, 1990 at the Colorado Department of Health, Air Pollution Control offices, 3773 Cherry Creek Drive North, Denver Colorado, at 3:00 p.m. in the Stationary Sources' Conference Room. As a result of the conference a determination will be made as to whether a violation occurred and, if such violation did occur, whether a noncompliance penalty must be assessed under Section 25-7-115(5). This conference will provide Corn Construction an opportunity to submit data, views and arguments concerning the alleged violation and whether assessment of non-compliance penanty is required. The Division may provide further opportunity for Corn Construction to respond after the conference if circumstances warrant. Should the scheduled date or time impose an inconvenience for you, contact this office for rescheduling. However, should you not attend the scheduled conference nor request a resched- uling of the meeting, further enforcement action shall be taken in accordance with Sections 25-7-121 (court injunction) and 25-7-122 (civil penalties), CRS. Please be advised that in accordance with Section 25-7-115(5)(c), CRS, a noncompliance penalty generally must be assessed for any period of violation from the date of issuance of this notice until the date on which the emission source is brought into compliance. The amount of a noncompliance penalty is calculated in accord with the provisions of 25-7-115(5)(b), CRS, and is basically equivalent to the "economic savings" to Corn Construction resulting from failure to comply with applicable air pollution control requirements. Any possible exceptions to the requirement for payment of a noncompliance penalty will be discussed at the scheduled conference. In addition to the noncompliance penalty, failure to comply with final orders of the Division could also result in imposition of a civil penalty of up to $25,000 per day. You are not yet, however subject to a final order. Refer- ence: Section 25-7-122, CRS. Mr. Donald E. Jordan Legal Agent of Service for Corn Construction Company May 17, 1990 Page 3 The Division intends to explain all procedures and possible sanctions at the above referenced conference. We will outline your statutory rights, including rights to administrative appeals and possibly applicable exemptions, at the conference as well. If you have any questions concerning the conference or which need answering prior to the scheduled conference, please contact this office. The conference is an informal proceeding. You may, however, have legal council attend with you. Sincerely, , C-/;?/ ScoEt J. Miller Air Pollution Control Engineer Air Pollution Control Division SJM/jw cc: Ron Rutherford, US EPA Martha Rudolph, Attorney Generale Office Garfield County Commissioners Garfield County Planning Department Harry Collier, Air Pollution Control Div. File REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY SACRAMENTO DISTRICT CORPS OF ENGINEERS 650 CAPITOL MALL SACRAMENTO. CALIFORNIA 95814-4794 September 25, 1990 Regulatory Section (10133) Mr. Stevan L. O'Brian Environment, Incorporated 9989 West 60th Avenue Arvada, Colorado 80004 Dear Mr. O'Brian: (77 l,,0 I am writing to you as a follow-up to your recent conversation with Gary Davis of this office. Your conversation concerned the current augmentation plan for evaporative losses and wetland mitigation associated with the Albert Frei Pit in Garfield County, Colorado. We understand that the applicant is proposing to offset evaporative losses by purchasing water in Ruedi Reservoir from the Bureau of Reclamation (BOR). To continue Section 7 consultation with the Fish and Wildlife Service (FWS), we must know certain specifics of the contract between the applicant and the BOR. For example, we must know the volume of water to be released, the time of year it would be released, and the duration of these releases. In addition, we must know how the applicant intends to guarantee the delivery of these releases to occupied habitat near Grand Junction. Please provide a copy of the Substitute Augmentation Plan to this office for review. The FWS has indicated a concern regarding the proposed credits for historic tree and crop loss and precipitation. Until the proposed credits are clarified and quantified in detail, the FWS will not accept them and the applicant's revised depletion estimate. During the conversation, you indicated that additional wetland can be created in the area of shallow bedrock in the western sections of the pit. We understand that at least four acres of wetland can be created within this area without significant economic sacrifice. We suggest that you amend the wetland mitigation plan to identify the area of shallow bedrock, quantify its area, and state that at least four acres of wetland will be created in this area by excavation to shallow bedrock, returning cobble and rubble to the area, capping this material with topsoil, and revegetating with emergent wetland species. Also, please quantify the approximate volume of material which would be returned to this area. We hope that obtaining this information will be sufficient to conclude Section 7 consultation, and that we will then be in a position to proceed with our decision. Accordingly, I suggest that you submit this information to us as quickly as possible. We appreciate your cooperation. Should you have questions, please feel free to contact Gary Davis at 243-1199. Sincerely, Grady L. McNure Chief, Regulatory Unit 4 764 Horizon Drive, Room 211 Grand Junction, Colorado 81506-8719 Copies Furnished: Mr. Andy Thompson, Fish and Wildlife Service, 529 25 1/2 Road, Suite B-113, Grand Junction, Colorado 81505 Mark L. Bean, Garfield County Planning Department, 109 Eight Street, Suite 303, Glenwood Springs, Colorado 81601-3303 Mr. Albert Frei, Albert Frei & Sons, 11521 Brighton Road, Henderson, Colorado 80640 2. Epviroi)e1)t, Iqc. LARRY E. 0' BRIAN PRESIDENT 9989 WEST 60TH AVENUE ` k ARVADA,COLORADO 80004 303— 423— 7297 s; 1 April 16, 1990 Mr. Gary Davis Army Corp of Engineers 764 Horizon Drive, Room 211 Grand Junction, CO 81506-1199 Dear Gary; RE: Albert Frei and Sons Inc, Silt Pit Regulatory Section (10133) This is letter is to verify our telephone conservation on April llth, 1990. I finally understand why you are concerned about having cows in the riparian habitat. We will do what ever it takes to keep cow out of the riparian since we wish to get credit for this area in place of wetlands. We also understand that if we cannot keep them out we, will have to provide additional wetlands. Attached is a new calculation page for the net losses due to evaporation on the pit. Thank you for pointing this mistake out. We still maintain there will be a net water loss of zero (0) since we are required to mitigate the evaporative loss from the pit lake according to state law. As I explained on the phone we will probably obtain water from Rudi Reservoir on a temporary basis. Mr. Frei will need to sign an agreement with the local Water Conservancy District and have a temporary substitute water plan approved with the Colorado Division of Water Resources for this option to be accepted. If the temporary supply plan is approved then a well permit will be issued and Mr. Frei will start the process of converting irrigation water for the long term mitigation, however the conversion will take some time to get through the courts. There may be the possibility of restoring some of the wetlands along the west and southwest sides of the pit. Mr. Frei started mining the area stripped on the west side and found the gravel ENVIRONMENT, INC. PAGE 2 April 16, 1990 depth was 4 to 7 feet deep. He plans to backfill this shallow area with waste rock (large cobble) and cover it with wetland top soil. At this time we donot know the extent of this shallow deposit, but plan to reconstruct wetlands in this shallow area when ever possible. Thank you for your help and if you have any question or need any more information please call me at the above number. Sincerely, Environment, Inc. Stevan L. O'Brian Vice -President enclosure cc Albert Frei and Sons, Inc., Albert R. Frei Garfield County, Mark Bean File ENVIRONMENT, INC. PAGE 3 April 16, 1990 DATA USED TO CALCULATE LOSSES ACREAGE OF LAKE ACREAGE OF EXISTING WETLANDS ACREAGE OF NEW WETLANDS AL = AEW = ANW = NET EVAPORATIVE LOSS FROM LAKE SURFACE NEL = RAIN FALL AMT 11.30 annual mean in inches RFA = @ 70% returns to system NET HISTORIC LOSS NHL = evapotrans. loss from irrigated crops and trees AMOUNT OF WATER LAKE SURFACE LOSS PROCESSING NEEDS RAIN FALL HISTORIC EVAPOTRANSPIRATION LOSS SUBSTITUTE WATER PLAN 146.13 AC. 23.41 AC. 17.94 AC. 3.21 (AC-FT/AC/YR) 0.66 (AC-FT/AC/YR) 0.75 (AC-FT/AC/YR) LOST FROM LSL = -393.93 - 15.00 RF = 96.32 HEL = 109.60 203.01 SYSTEM ac-ft/yr ac-ft/yr ac-ft/yr ac-ft/yr ac-ft/yr NET LOSS TO SYSTEM FORMULAS LSL = (AL - AEW) * NEL (146 .13-23 .41) *3.21 = 393.93 ac -ft RF = (AL * RFA) (146.13*0.66) = 96.32 ac -ft HEL = (AL * NHL) (146.13 * 0.75) = 109.60 ac -ft 0.00 ac-ft/yr The NEL figure came from a map published by the U.S. Weather service based on Tech Paper *37 and data thru 1970. The map shows lakes in this area having an average annual loss of 38.5 ac-in/ac/yr or 3.21 ac-ft/ar/yr. The RAF figure came from the Colorado Climatologi- cal Office. CORN CONSTRUCTION CO. P.O. Box 1240 OFFICE & YARD 3199 D ROAD (303) 434-7301 Grand Junction, Colorado 81502 March 16, 1990 Mr. Mark Bean Garfield County Planning Commission 109 8th St. Suite 303 Glenwood Springs, CO 81601 Dear Mr. Bean: Please find attached, copies of the Emission Permits for the crushing and asphalt plants that will be used on the Interstate Highway project near Silt Colorado. Sincerely, Edward/J. Settle Vice President AN EQUAL OPPORTUNITY EMPLOYER EMISSION PERMIT COLORADO DEPARTMENT OF HEALTH PERMIT NO. C-12,507 Air Pollution Control Division 4210 East llth Avenue Initial Approval /% Denver, Colorado 80220 Final Approval ED DATE ISSUED: July 24, 1980 ISSUED TO: SOUTHWAY CONSTRUCTION CO., INC.: ASPHALT GRAVEL PRODUCTS, INC. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable gravel processing plant to be located three (3) miles south of .Delta, Colorado, in Delta County. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Equipment includes: crushers, screens, conveyors, front- end loaders, trucks, stackers- and spray bars. Plant production is rated at 250 tons per hour. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et.seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS. 1. Opacity of particulate emissions shall not exceed 20%. 2. Unpaved roads in the working area shall be watered (or equivalent) to reduce fugitive dust emissions due to truck or front-end loader traffic. 3. Spray bars shall be installed on crushers and screens to reduce dust emissions as necessary. 4. A Relocation Notice shall be filed with the Division fifteen (15) days prior to relocation when the plant is moved to a new work site. '41ir f1 /1-A.C, Bi ard, P.E., Chief Stationary Sources Section Air Pollution Control Division APCD-83B (REV. 3/20/80) By: James)l. Lents, Ph.D. Di rector Air Pollution Control Division r • Ei)viroi)n)ei)t, iqc. LARRY E. 0' BRIAN PRESIDENT March 12, 1990 • Mr. Gary Davis Army Corp of Engineers 764 Horizon Drive, Room 211 Grand Junction, CO 81506-1199 Dear Gary; RE: Albert Frei and Sons Inc, Silt Pit Regulatory Section (10133) 9989 WEST 60TH AVENUE ARVADA, COLORADO 80004 303-423-7297 t ; , y. i GARF L �.uUNT; This is response to your clarification of information note of March 5th, 1990. I have colored the undisturbed existing wetlands blue on a copy of the map Al sent to you on February 27th. This area lies west of the area stripped near the west entrance road near the feedlot. The dot pattern I used may not have been very distinguishable when copied. It may show better if it had cross slashes. If you agree please add them to the original map for me. The 393.93 ac -ft was arrived at by using the following figure: LSL = (AL-AEW)*NEL (146.13-23 .41) *3.21 = 393.93 ac -ft WHERE AL = ACREAGE OF LAKE AEW = ACREAGE OF EXISTING WETLANDS NEL = NET EVAPORATIVE LOSS -FROM LAKE SURFACE LSL = LAKE SURFACE LOSS ' The NEL figure came from a map published by the U.S. Weather service based on Tech Paper #37 and data thru 1970. The map shows lakes in this area having an average annual loss of 38.5 ac-in/ac/yr or 3.21 ac-ft/ar/yr The historic use of the riparian area where the large trees grow has been wintering and winter forage area for cattle and wildlife since before we purchased the property from Mr. Barton Environment, Inc.. March 12, 1990 PAGE 2 Porter. The grazing was allowed under a lease we have with an adjacent rancher. I do not understand sudden pressing the need not to keep cows out to this area. I can appreciate the need to keep them out of the new wetland areas and the new riparian area so the plantings will have time to get established. Al said he would request that Mr. Porter keep the cattle out once restoration of the new wetlands and riparian areas begin. The only way we know of doing this is to repair the tence and restrict grazing on the property. Would you also call Garfield County Planner, Mark Bean and let nim know we nave submitted the information you requested in February and this additional information. Part of their resolution was that we submitted that prior to them issuing the permit to continue operations at the pit. Thank you for your help and if you have any question or need any more information please call me at the above number. Sincerely, Environment, Inc. Stevan L. O'Brian Vice -President enclosure cc Albert Frei and Sons, Inc., Albert R. Frei Garfield County, Mark Bean Fil e • 1 I-70 R. 0. W. 1 I; t, 8ii#i�3+ifSi� (1 c m Hni NOTES: 1.. LOCATIONS OF ISLANDS SHOWN MAY VARY. 2. EXACT LOCATION OF NEW WETLANDS MAY VARY. 3. NO LESS THAN 17.94 AC ± OF NEW WETLANDS WILL BE CREATED. rr!lfili%ir!lit fi ' J •ri:i SrR1� .rrf!riir,W r1 LAMM UNDISTURBED WETLANDS HABITAT UNDISTURBED RIPARIAN HABITAT NEW WETLANDS HABITAT NEW RIPARIAN HABITAT ISLAND RIVER LAKE WATER SURFACE SCALE 1" - 855' PURPOSE: COMMERCIAL MINING OPERATION DATUM: SEA LEVEL ADJACENT PROPERTY OWNERS: SEE NUMBERED LIST ON APPLICATION FORM • PIAN VIEW ISLANDS AND RIPARIAN AREAS ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD RENDERSON, CO 80640 EXISTING GRAVEL MINE ADJACENT TO: COLORADO RIVER AT: SILT COUNTY: GARFIELD STATE: CO APPLICATION BY: ALBERT FREI AND SONS, INC. SHEET 1 OF DATE 2-27-90 ALBERT FREI & SONS, INC. SAND AND GRAVEL February 23, 1990 Mr. Gary Davis Army Corp of Engineers 764 Horizon Drive, Room 211 Grand Junction, CO 81506-1199 Dear Mr. Davis; GENERAL OF•ES AND PLANT 11521 BRIGHTON ROAD • HENDERSON, COLORADO 80640 (303) 289-3316 SILT AGGREGATE DIVISION 1412 ROAD 311 • NEW CASTLE. COLORADO 81647 (3031876-2397 REs • Albert Frei and Sons Inc, Silt Pit Regulatory Section (10133) 19:90 IN Attached are additional cross-sections and Plan Map showing the revisions we are making as per our meeting in December. This mould satisfy the Fish andWildlife Servicesquest for the additional riparian area and mitigation of wetlands loss. I will provide the information in the same order as Mr. McNure's summary in the February 9, 1990 letter. I am sorry for getting this to you so late but the water question was up in the air until a meeting Steve had with the Colorado Department of Water Resources, Division Engineer on February 20th, 1990. Water. We have finally reached a net loss figure of 170.45 acre ft/year before mitigation. Under the state law we have to mitigate that loss by providing water to the system from another source. The intention is to have a net loss of zero ac. ft. We either have to purchase this water from a conservancy district or convert irrigation water that we own. In the next couple ofmonths we will be submitting a substitute water plan to the Dept. of Water Resources, this plan will mitigate any losses our pit causes .to the system. Therefore the figure the FWS is interested in is zero (0) . Below are our figures supporting this claim. DATA USED TO CALCULATE LOSSES ACREAGE OF LAKE ACREAGE uF >aXiSTING WETLANDS ACREAGE OF NEW WETLANDS 146.13 AC. 23.41 AC. 17.94 AC. NET EVAPORATIVE LOSS FROM LAKE SURFACE 3.21 RAIN FALL AMT 11.30 annual mean in inches 0.66 @ 70% returns to system NET HISTORIC LOSS evapotrans. loss from irrigated crops and trees 0.75 (AC-FT/AC/YR) (AC-FT/AC/YR) (AC-FT/AC/YR) Albert Frei and Ss, Inc. February 23, 1990 AMOUNT OF WATER LOST LAKE SURFACE LOSS PROCESSING NEEDS RAIN FALL HISTORIC EVAPOTRANSPIRATION LOSS NET LOSS FROM WETLANDS SUBSTITUTE WATER PLAN • FROM - 393.93 - 15.00 96.32 109.60 17.56 170.56 PAGE 2 SYSTEM ac-ft/yr ac-ft/yr ac-ft/yr ac-ft/yr ac-ft/yr ac-ft/yr NET LOSS TO SYSTEM 0.00 ac-ft/yr New Riparian Habitat. The plan map attached shows the location of the new riparian habitat. All of the trees we use will be native to the area and come from the property. We have planted trees in this area twice in the past and have had trouble with deer eating them, hopefully we will have better luck this time. They will either be transplanted from the mined area or in the case of the willow we will take cuttings rrom mature plants along the lake. We will plant willows near the water line along the river. The Cottonwoods will be 20 feet from the bank drop off and the shrubs will be along the top of the bank between the willow and cottonwoods. See cross-section D -D' and the enlargement. We will welcome any suggestions or recommendations the FWS may have for additional species of trees or snrubs for this area. The following quantities of trees will be used in this new area: Species Cottonwood Willow Squaw bush Service berry 30 Quantity 175 400+ 30 Nursery for Wetland plants We teel there are enough plants on the property that a special area for a nursery is unnecessary. Since we plan to establish the wetland as mining progresses we will be able to obtain wetland plants from those areas already established. Another source will be from areas not disturbed to date but within the mining area. Hydric Soil Stockpile At the current time the soil we stripped on the west end is stockpiled along the river setback near where the west entrance road ends on the property. We will establish another stockpile along the south-central part of the property. These two location are close to where the soil will come from and reduces handling in the 411 Albert Frei and S"ns, Inc. February 23, 1990 • PAGE 3 beginning. The exact location of the second stockpile is unknown at this time, it will be established once mining begins along the south property line. Islands Your idea tor creating the islands was very good and we have incorporated it into the plan. We will establish a minimum of 3 island in the lake. Page 2 of the Map Sections show how the island will be protected by a deeper area around them. I have show the 3 islands on the Plan Map, but we may change their location if we find shallow areas of gravel that would make their construction easier. These island will be constructed by mining 2 feet below water level creating a `bench from the lake bank out 30 to 50 feet. A shallow trench, 6 to 8 feet below water level, will then be excavated around an area that is approximately 100 sq.ft. The islands will be roughly 1 foot above high water to create semi -dry roosting area for water fowl. Livestock Grazing In the past we nave attempted to keep livestock out of the pit. We will stress to the current farming lease holder the necessity to keep cows out or the wetland and riparian areas. We will check and repair the fences around the property to keep livestock out. Pit life As we explained at the December meeting this pit could last for as much a 25 to 40 years. These figures depend on the demand for material in the market area and the rate of production each year. With economic conditions as they are now I would say we expect the pit to last for an additional 30 years. In our meeting you indicated the Corp usually issues a permit for 3 years, this is a very short time considering the life of an average gravel mine. I have had sometime to think about this and have two possibilities that may work so that we donot have to go thru the permitting process every couple of years. 1. . The Corp could issue the permit for the life of the project. Which could be 25 years or more. 2. Another option would be to issue a permit, for stockpiling as originally requested, for 3 years and make the restoration portion a part of our Mined Land Reclamation Board Permit. By revising the MLRB permit to reflect the compromise changes for additional wet lands, riparian habitat and islands, a bond covering the work will be held and not released until the reclamation is complete assuring the FWS and Corp the work will be done. Albert Frei and Sis, Inc. February 23, 1990 s PAGE 4 We will start the tree planting in the new riparian area this spring after the deer heard has moved to higher ground. This may take some pressure off the trees and give them time to get established before the fall andwinter when browse is scarce. Wetland restoration will begin in Stage I when mining is complete. We recently found the gravel in the west section of Stage I is fairly shallow, 5 to 7 feet deep. We plan to excavate this material, backfill the area with waste rock, spread wetland soils and restore the wetland in that area within the next year as conditions permit. If you have any question or need any more information please call me at the above number or Mr. Stevan O'Brian at (303) 423-7297. Sincerely, Albert Frei and Sons, Inc. Albert R. Frei President enclosures cc Stevan O'Brian, Environment, Inc. Mark Bean, Garfield County Planning Department File I-70 R. 0. W. L GOD UNDISTURBED WETLANDS HABITAT UNDISTURBED RIPARIAN HABITAT NEW WETLANDS HABITAT A7.1"'+-41+..,474 NEW RIPARIAN HABITAT • ISLAND RIVER -� ----- LAKE WATER SURFACE SCALE 1" = 855' NOTES: 1. LOCATIONS OF ISLANDS SHOWN MAY VARY. 2. EXACT LOCATION OF NEW WETLANDS MAY VARY. 3. NO LESS THAN 17.94 AC ± OF NEW WETLANDS WILL BE CREATED. PURPOSE: DATUM: SE ADJACENT COMMERCIAL MINING OPERATION A LEVEL PROPERTY OWNERS: SEE NUMBERED LIST ON, APPLICATION FORM PLAN VIEW ISLANDS AND RIPARIAN AREAS ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD HENDERSON, CO 80640 EXISTING GRAVEL MINE ADJACENT TO: COLORADO RIVER AT: SILT COUNTY: GARFIELD STATE: CO APPLICATION BY: ALBERT FREI AND SONS, INC. SHEET 1 OF DATE 2-27-90 • • B' v1�(<0 �Q� QQOQ 25 -SETBACK PURPOSE: 3' •►: MINED SLOPES SCALE 1" • 20' B WS 5425' LAKE BOTTOM COMMERCIAL MINING OPERATION DATUM: SEA.LEVEL ADJACENT PROPERTY OWNERS: SEE NUMB APPLICAT ERED LIST ON ION FORM 6' NF -• NO SCALE SECTION VIEW SECTION 8 - B' ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD HENDERSON, CO 80640 -2"—NS 5425' t 2' EXISTING GRAVEL MINE ADJACENT TO: COLORADO RIVER AT: SILT COUNTY:.GARFIELD STATE: CO APPLICATION BY: ALBERT FREI AND SONS, INC. SHEET OF DATE 3-7-89 HORIZONTAL DISTANCE WILL VARY WITH NEW WETLAND WIDTH W S 542 TYPICAL ISLAND SECTION C C' NO SCALE COTTONWOOD TREES RIVER W.S. 80 FT LAKE W.S. NEW RIPARIAN SECTION D - D' NO SCALE RIVER W.S. PURPOSE: COMMERCIAL MINING OPERATION DATUM: SEA LEVEL ADJACENT PROPERTY OWNERS: SEE NUMBERED LIST ON APPLICATION FORM ENLARGEMENT NO SCALE SECTION VIEi6 ADDITIONAL INFORMATION ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD HENDERSON, CO 80640 EXISTING GRAVEL MINE ADJACENT TO: COLORADO RIVER AT: SILT COUNTY: GARFIELD STATE: CO APPLICATION BY: ALBERT FREI AND SONS, INC. SHEET 2 OF DATE 2-27-90 • • GARF'IELD COUNTY ROAD AND BRIDGE INTER—OFFICE MEMO DATE: February 9, 1990 TO: Mark Bean FROM: King RE: Albert Frei Gravel Pits I'm attaching photographs depicting one of several instances where the Frei Gravel Pit operations ignored posted weight limits on the County road system. The truck in these photos is loaded with sand and would be in excess of interstate weight limits and is going to cross a County Bridge that is rated at 24 Ton for this size of truck. During the construction seasons of 1988, and 1989, I had numerous complaints from citizens living and traveling on County Road 311 and County Road 335. These complaints revolved around the issue of overweight trucks and heavy equipment traveling these roads between the pits and thus damaging the road surfaces. I met with representatives of the Frei pits several times to encourage them to reduce the size of their loads. It seemed that at each meeting there were excuses as to why their operations had problems with the County's limitations on the roads. The Divide Creek Bridge has since been replaced by a interstate standard structure. The County is also going to rebuild a good portion of the roads between the Colorado River at Silt, and the upper gravel pit this Spring. To subject these roads to excessive loads or even high volumes of traffic will drastically reduce the life of these improvements. I do not feel that there is the spirit of cooperation needed between Frei pits and Garfield County. I would like to encourage the Board Of County Commissioners to reinstate the road bond for this pit, thereby relieving the taxpayers of much of the burden of maintaining a road that is being impacted by this operation. EI)viroi)n)CI)t, Iqc. LARRY E. O' BRIAN PRESIDENT February 2, 1990 Mr. Mark Bean Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 Dear Mark: RE: Albert Frei and Sons, Inc. Silt Pit, Asphalt Plants 9989 WEST 60TH AVENUE ARVADA, COLORADO 80004 303-423-7297 Enclosed are 10 copies of the map I am are submitting for Mr. Frei that shows the current uses and status of areas in the pit. In the EXHIBIT A table I have broken the uses into three main headings and then broke them down into current uses/status areas. The acreage for each parcel is as close as we can get and were obtained originally from an air photo. The colors correspond with those on the maps. I did not have any way to break down the exact area the asphalt plant, concrete plant and casting facility occupy nor can I exactly locate the gravel plant within the gray area but according to the plan approved they can be located just about anywhere within Stage 5. If you have any questions or need more information let me know. Sincerely, ENVIRONMENT, INC. Stevan L. O'Brian Vice President enclosure cc Albert Frei and Sons, Inc. Files oil 4.t `J Albert Frei and Sons, Inc. February 2, 1990 EXHIBIT A CURRENT USESJS ATUS AREAS. __ACREAGE COLOR UNDISTURBED AREAS Riparian 8.41 green Wetlands un -minable 8.76 lite green Wetlands minable 8.32 dark brown Crop land 73.99 yellow Feed lot 5.22 brown Total undisturbed 104.70 DISTURBED AREAS Lake Stripped Plant area stage 5 Topsoil stockpiles Total disturbed RECLAIMED AREA Stage L reclaimed Total reclaimed TOTAL AREA 21 .32 11.97 20 .63 2.37 56.29 3.47 3.47 164.46 blue terra cotta gray orange dark green EXISTING GRAVI ADJACENT TO: C AT: SILT COUNTY: GARFIE APPLICATION B' ALBERT FREI i EL MINE OLORADO RIVER :LD STATE: CO SND SONS, INC. ******* LEGEND: WETLANDS PROPERTY LINE FUTURE WETLANDS RIPARIAN AREA WITH WETLANDS 1-70 4: STOCKPILES RIVER ----W---- LAKE WATER SURFACE EXISTING ROADS • <7 4 t'A L-, STRIPPED AREAS (MISC. USES) .14k" v e R. o. w. • PURPOSE: COMMERCIAL MINING OPERATION DATUM: SEA LEVEL ADJACENT PROPERTY OWNERS: SEE NUMBERED LIST UN APPLICATION FORM NOTES: 1. ALL LANDS WITHIN THE ---W--- LINE WILL BE MINED 2. ONLY NATIVE FILL WILL BE USED FOR BANK SLOPING 3. TETE EXISTING WETLANDS WILL BE MINED 4. ELEVATIONS INDICATED BOTTOM OF LAKE. 5. MINING LINE IS SETBACK 100 FT FROM RIVER PLAN VIEW EXISTING CONDITIONS SCALE 1"=855' ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD HENDERSON, CO 80640 STATE OF COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver, Colorado 80220-3716 Phone (303) 320-8333 January 31, 1990 Mr. Kelly Lyon Basalt Construction Co. 0158 County Road 3 Carbondale, Colorado 81623 Dear Mr. Lyon, of c0 - Telefax: .90' A c (303) 322-9076 (Main Building/Denver)) o i (303) 320-1529 (Ptarmigan Place/Denver) (303) 248-7198 (Grand Junction Regional Office) J 1.990 'i �VtJi�j �'Y 41- * *18764 Roy Romer Governor Thomas M. Vernon, M.L. Executive Director The Air Pollution Control Division has analyzed your letter dated January 23, 1990. The Division has determined that the plan for bringing this plant into compl;.ance is acceptable providing the following things are done: 1. The plant is not used for production before next spring. 2. The Divi:4ion is notified of the start up date f. -Dr the plant in the spring. 3. The plant is tested for compliance within 2 week:: of the start up date. Please notify me at 331-8595 if you have any questions or if the schedule as you have proposed changes. cc: Scott Miller Harry Collier Sincerely, Robert Jorgenson Air Pollution Control Specialist Air Pollution Control Division RECEIVED FEB 5 H --:J Colo. Dopt. of Health 'irfand Jct. Office MARBLE STONE CARBONDALE o Kelly &_Jeanette 1,.yoxi-tc7w. Basalt Construction Co. 303-963-3666 A Culnrndn ComO1 aut m 17838 Hwy. 133 Redstone, Colorado 81623 January 23, 1990 ROBERT JORGENSON Colorado Department of Health 4210 East llth Avenue Denver, CO 80220-3716 Reference: ADM Plant at Silt, Dear Mr Jorgenson, RECE'V ED FEB 5 1990 Colo. Deft. of Health Grand Jct. Ottice Colorado Permit# 88 1--T 136 P I do intend to run another test on our plant and will notify you in the spring of 1990, ahead of time. We have oniv produced about 100 tons since October 10, 1989 and do not expect to operate again until late March or April. I have been in touch with ADM and they have assured me they will do any alterations necessary to make it pass as soon as the weather warms up and our water thaws out. If I had not been attempting to make the plant pass, you would have a good reason to cancel our permit. I have been attempting to make the plant pass, as you know. I have had two expensive tents run, at my personal expense, of about $3,000.00 each within a year. I would appreciate it if you would not cancel my permit since I am trying and I can assure you when the new alterations are made, when the weather permits, it will be tested and will pass. You have passed the visuals. If you have any questions, please call me at 963-3666 or call Joe Dagger with ADM at 219-637-8150 in Huntertown, Indiana. Kel , Ly President cc: ADM Joe Dagger KL/ j i H"'a6 RE' �.t b A H � Y .. V JAN 2 5 1990 Alii POLLUTION wisi OL DIVISION STATIONARY SOURCES PROGRAM oF�oi A";'\'%\\ ( of COLORADO DEPARTMENT OF HEALTH Air Pollution Control Division 76 Telephone: (303) 320-4180 ISM PE IT PERMIT NO C-13,098 DATE ISSUED April 15, 1981 ISSUED TO: CORN CONSTRUCTION COMPANY INITIAL APPROVAL FINAL APPROVAL 0 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Cedarapids 13040 ADM Drum Mix Asphalt Plant at various locations. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Iowa Manufacturing Company bag collector, Model Fabric Filter, Serial Number 37212 and associated equipment. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et sec.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Maximum production shall not exceed 700 ton/hr. 2. Visible emissions shall not exceed 20 opacity. 3. Particulate emissions shall not exceed 0.04 qr/dscf. 4. Permit number shall be stenciled on equipment for identification purposes. By: _ Review Engineer APCD-83 (REV.6 17!80) By. Gary D. M 4 utchen, P.E. Engineering Unit Leader Stationary Sources Section Air Pollution Control Division • • GARFIELD COUNTY DEPARTMENT OF BUILDING SANITATION AND PLANNING January 17, 1990 Albert Frei Albert Frei & Sons, Inc. 11521 Brighton Road Henderson, CO 80640 RE: Resolution No. 83-126 Dear Mr. Frei: Enclosed is a copy of the public notice for a public hearing for the Board of County Commissioners to consider reissuance of the Special Use permit for an asphalt and concrete batch plant, casting plant and casting storage area. The hearing is scheduled to be at 2:00 P.M., on Tuesday, February 20, 1990. It is your responsibility to have the enclosed notice published in the Glenwood Post no later than February 4, 1990. This requires that the notice be at the newspaper by 10:00 A.M., February 3, 1990. If it is inconvenient for you or a representative to get the notice to other newspaper offices, we will get a copy there at your request. A copy of the same notice must be sent by return -receipt mail to all adjacent property owners at least five (5) days prior to the hearing, not including the hearing date. It is strongly recommended that you verify with the County Assessor's office, the names and addresses of the present adjacent landowners prior to mailing the notice. If you do not, you risk denial of the request on procedural grounds. At the hearing, the Board has three basic options available: - approval of the requested reissuance without change. - approval of the requested reissuance with new or modified conditions of approval. - denial of the requested reissuance. The final decision will be based on the testimony and evidence received at the hearing. If you have any further questions, feel free to call or write to this office. Sincerely, a4/ Mark L. Bean, Director Regulatory Offices and Personnel MLB/emh encl. XC: Stevan 109 8TH STREET, SUITE 303 945-8212 /625-5571 GLENWOOD SPRINGS, COLORADO 81601 • • PUBLIC NOTICE Take Notice that Albert Frei and Sons, Inc. have applied to the Board of County Commissioners, Garfield County, State of Colorado, to reissue a Special Use permit in connection with the following described property situated in the County of Garfield, State of Colorado; towit: Legal Description: Part of the SE 1/4 NE 1/4, SW 1/4 SE 1/4, NW 1/4 SE 1/4, NE 1/4 SW 1/4, NW 1/4 SW 1/4 & SE 1/4 NW 1/4, Sec. 11; 1/4 NW 1/4, Sec. 12, T6S, R92W, 6th P.M. 1/4, SW 1/4 NE 1/4, NE 1/4 SE 1/4, SE 1/4 SW 1/4, SW 1/4 SW part of NW 1/4 SW 1/4, and SW Practical Description: (location with respect to highway, and residences): Located one (1) mile southeast of Silt 311. Said Special Use permit is to allow the Petitioners to Special Use permit to allow for an asphalt batch plant, plant, casting plant and casting storage area on the above described property. County roads on County Road reissue their concrete batch All persons affected by the proposed Special Use permit are invited to appear and state their views, protests or objections. If you cannot appear personally at such hearing, then you are urged to state your views by letter, particularly if you have objections to such Special Use permit request, as the Board of County Commissioners will give consideration to the comments of surrounding property owners and others affected in deciding whether to grant or deny the request for the Special Use permit. The Special Use permit application may be reviewed at the office of the Planning Department located at 109 8th St., Suite 303, Garfield County Courthouse, Glenwood Springs, Colorado between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. That public hearing on the application for the above Special Use permit has been set for the 20th day of February, 1990, at the hour of 2:00 P.M., at the office of the Board of County Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs, Colorado. Planning Department Garfield County • STATE COLORADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver, Colorado 80220-3716 Phone (303) 320-8333 January 16, 1990 Mr. Kelly Lyon Basalt Construction Co. 0158 County Road 3 Carbondale, CO 81623 Dear Mr. Lyon, Telefax. (303) 322-9076 (Main Building/Denver) (303) 320-1529 (Ptarmigan Place/Denver) (303) 248-7198 (Grand Junction Regional Office) Roy Romer Governor Thomas M. Vernon, M.D. Executive Director Certified Mail P 107 613 4$6 Return Receipt Requested The Air Pollution Control Division has analyzed the Compliance Test Report for the ADM Drum Mix Asphalt Plant located at Silt, Colorado. The permit number is 88 PI 136 P. The test was done October 10, 1989. The test report shows the particulate emissions averaged .0734 grains/DSCF. This is the second time that this plant has failed to demonstrate compliance with this standard. This letter will serve as official notice that the Division intends to revoke permit no. 88 PI 136 P according to the provisions of 25-7-114 C.R.S. This means that after revocation, Basalt Construction Co. would not have a valid emissions permit and would not be able to operate this unit. Any information or opinions you wish to submit regarding this process should be submitted by January 29, 1990. These should be submitted either in writing or by phone at 331-8595. RJ/pp 2082b p. 68 cc: Scott Miller. Harry Collier Sincerely, Alf - Robert Jorgenson Air Pollution Control Specialist Air Pollution Control Division RECEIVED JAN 2 2 19YU Coto. Dept. of Heeittli Grand J. Othoe • STATE Chir COLORADO COLORADO DEPARTMENT OF HEALTH of coo 4210 East 11th Avenue a( Denver, Colorado 80220 Phone (303) 320-8333 *. */'a' .876 TO: Harry Collier DATE: December 27, 1989 FROM: Bob Jorgenson Roy Romer Governor Thomas M. Vernon, M.D. Executive Director SUBJECT: Compliance Tes R Review ('onstructian-ea: Permit No. 88 PI 136P I analyzod the compliance test report for the Basalt Construction Co., ADM drum _ ..:;shalt plant with a scrubber. The Permit No. is 88 PI 136 P. The the test are summarized below: Run 1 Run 2 Run 3 Average Standard .slates .5/DSCF 0.0912 0.0606 0.0683 0.0734 .04 ius/hr. 2.35 1.49 1.61 1.82 Opacity % 5-10 5 20.0 Production Rate ton / hr 42 42 42 42 Isokinetic Rate % 93 101 100 The asphalt plant has flunked a compliance test twice. This test was done with a tt,- up from an ADM representative immediately prior to the test. It is my feeling that this permit should be revoked unless and until Basalt can change control equipment or drastically alter the equipment they now have. RECEIVED JAN 1 2 law) Colo. Dept. of Health Gram Jct. Office • • EpviroI)n)e1)t, [qc. LARRY E. O' BRIAN PRESIDENT January 4, 1990 Mr. Mark Bean Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 Dear Mark: 9989 WEST 60TH AVENUE ARVADA, COLORADO 80004 303-423-7297 RE: Albert Frei and Sons, Inc., Silt Pit Asphalt and Concrete Plants and Casting Facility Attached is the request to the Commissioner asking for an extension to use the concrete batch plant, asphalt batch plant, casting plant and casting storage area at the mine east of Silt. We do not wish to make any changes to the operations part of the permit and are only asking for an extension and/or change in the length of the permitted use. 1 have kept it very simple for these reasons, only changing the life to the permit to coincide with the mining permit. If you think we need to provide more information please let me know what you think is needed. Thank you for your help and if you have any question please call myself or Mr. Frei. Sincerely, ENVIRONMENT, INC. Stevan L. O'Brian Vice President enclosure cc Albert Frei and Sons, Inc. File JAN 111990 P (01/zCL) WW4NTY • • ALBERT FREI & SONS, INC, SAND AND GRAVEL January 4, 1990 Board of County Commissioners Garfield County 109 8th Street Glenwood Springs, CO 81601 Gentlemen: GENERAL OFFICES AND PLANT 11521 BRIGHTON ROAD • HENDERSON, COLORADO 80640 (303) 289-3316 SILT AGGREGATE DIVISION 1412 ROAD 311 • NEW CASTLE, COLORADO 81647 (303) 876-2397 RE: Albert Frei and Sons, Inc., Silt Pit Asphalt and Concrete Plants and Casting Facility This a request to extend the permit for our concrete batch plant, asphalt batch plant, casting plant and casting storage area, as approved under Resolution 83-126. We were reviewing the resolution last week and found that the permit is due for review. We do not wish to make any changes in the approved plant (s) opera- tions standards. The hours of operation, the method of notifying Garfield County when a new plant starts operation, and the type of operations will remain the same. The only change is our request is that the permit be changed to run concurrent with the Mining Operations' Special Use, thus making it consistent with the other requirements in the Special Use Permit for the property. If you have any question please call me at the above telephone number. Sincerely, ALBERT FREI AND SONS, INC. Albert R. Frei President cc Environment, Inc. File GARFIELD COUNTY DEPARTMENT OF BUILDING SANITATION AND PLANNING September 18, 1989 Stevan L. O'Brian, Vice President Environment, Inc. 9989 West 60th Ave. Arvada, CO 80004 Re: Albert Frei and Sons, Inc. Silt Pit Dear Stevan: Thank you for your letter clarifying Mr. Frei's intent with regard to the asphalt plants in his Silt pit. There is one point that needs to be clarified. The Special Use permit did not provide for the storage, either temporarily or on a long term basis, of asphalt plants or other equipment not directly related to the permitted operations. The issue may have been misunderstood in my conversation with Mr. Frei. Mr. Hughes' asphalt plant was originally stored under the assumption that it would be operating in the pit. The addition of Mr. Lyon's plant, technically made Mr. Hughes' plant illegally stored on the property, as well as illegally operating when both plants were operating. If you have any need of further clarification, feel free to call or write to this office, at your convenience. Sincerely, Mark L. Bean, Director Building, Planning and Sanitation MLB/emh 109 8TH STREET, SUITE 303 945-8212 /625-5571 GLENWOOD SPRINGS, COLORADO 81601 • EI»nir LARRY E. O' BRIAN PRESIDENT September 14, 1989 • „gent, inc. 9989 WEST 60TH AVENUE ARVADA, COLORADO 80004 303-423-7297 Mr. Mark Bean Garfield County Planning Department 109 8th Street Glenwood Springs, CO 81601 Dear Mark: RE: Albert Frei and Silt Pit, Aspha Mr. Frei asked me t plants located at his gr time there are two plant the other Layle Hughes o for operation at the cur operate for the term of Mr. Hughes plant is not, Mr. Lyons removes his an to your office. Mr. Frei indicated the Hughes plant will be moved off site as soon as Mr. Hughes f.nds another place to operate from. To prevent any misunderstanding Asphalt plants by other operators may be temporarily stored at the pit from time to time. Mr. Frei understands that only one at a time can be in operation and then only after the necessary permits from the state are submitted to your office. I hope this clarifies Albert Frei and Sons, Inc. position. If you have any question please call myself or Mr. Frei. Sons, Inc. t Plants o write you confirming the status of Asphalt avel operation near Silt. At the current s on the site. Kelly Lyons ownes one and wnes. Mr. Kelly's plant is the one approved rent time. This plant will continue to his lease with Albert Frei and Sons, Inc.. nor will be operated at the site unless d they have submitted the necessary permits Sincerely, ENVIRONMENT, INC. Stevan L. O'Brian Vice President cc Albert Frei and Son File Inc. 11 C-'{'i!'"'1n�nn .t t'r SEP 181989 txr;s,s LLLJ vus TY US Army Corps of Engineers Sacramento District 650 Capitol Mall Sacramento, CA 95814 TO WHOM IT MAY CONCERN: Public Notice Public Notice No. 10133 Date: April 17, 1989 In Reply Refer to the above Comments Due by: May 16, 1989 Public Notice No. SUBJECT: Application for an after -the -fact Department of the Army permit under Section 404 of the Clean Water Act (CWA) and for water quality certification under Section 401 of the CWA to retain fill material in wetlands and to discharge additional fill material into gravel pit lake areas which supported wetlands prior to excavation adjacent to the Colorado River, as shown on the attached drawings. APPLICANT: Albert Frei & Sons, Inc., c/o Mr. Albert Frei, 11521 Brighton Road, Henderson, Colorado 80640. LOCATION: The project site is located south of and adjacent to the Colorado River approximately one (1) mile southeast of the Town of Silt, in Garfield County, Colorado within Sections 11 and 12, Township 6 South, Range 84 West. PURPOSE: Topsoil and pitrun materials have been stockpiled in wetlands located adjacent to the area currently being mined. Reclamation of the site will require grading and topsoiling of the gravel pit banks which will involve the discharge of materials into excavated areas which previously supported wetlands. PROJECT DESCRIPTION: Operation of the subject sand and gravel mine began in 1982. Existing conditions are as shown in Figure 2. The mining plan has been revised to include the construction of 2 berms to aid in dewatering (Figure 3). Mining operations will proceed from west to east beginning in the area to the west of Berm 1, followed by the area between Berms 1 and 2, and completed in the area to the east of Berm 2. Because the future demand for sand and gravel is unknown, a timetable for the mining, operation is not available. Approximately 15 acre-feet of water are consumed each year for material washing and dust suppression and approximately 480 acre-feet each year will be lost to evaporation from the future lake. The 178 -acre site originally contained approximately 40.5 acres of wet meadow and emergent wetlands, approximately 13.5 acres of riparian area adjacent to the Colorado River, and approximately 120 acres of agricultural land. Of a total of approximately 28.5 acres of wetlands planned to be excavated in the mining opera- tion, approximately 19.2 acres have been disturbed by stripping, mining, or the placement of stockpiles. An unknown acreage of riparian area has been disturbed. Of the approximately 149 acres of total planned disturbed area, approximately 134 acres will become open water and approximately 15 acres located along the perimeter of the lake will be reclaimed. 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If necessary, the Corps will initiate consultation with the Fish and Wildlife Service under Section 7 of the Endangered species Act, as amended. The District Engineer has made this determination based on information provided by the applicant and on the Corps' preliminary evaluation. Interested parties are invited to submit written comments on or before May 16, 1989. Any person may request, in writing, within the comment period specified in this notice that a public hearing be held to consider this applica- tion. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. The decision whether to issue a permit will be based on an evaluation of the prob- able impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge does not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Sub- ject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the district engineer determines it would be contrary to the public interest. 1 Enclosure 5 Drawings JACK A. LE CUYER COL, CE District Engineer 3 • NO J133 1 !3 :„ I I, I • • `Y5655�e II r• 00/ ��.,r ; ( H A A ; r41 G, ( r• i -� •-1111-04.- •.- •11: -SII 31l•:11.110:I h 1r,ivAfj'ili WeitIT i h • _islet`, 111 .. n Us DENVER __^AND.n.E 1 _�I ff j a •,__ ___1 R(O GRANDE1• COL - I? A b �n� SUN • ND 547Rs c_. l g312 - Oa q• a`"l...1 c • WARE n 1 11 1 •• — N 11 " .� � EN R g MICN..- 'aha L ,11,1 ,, LOCATIDN 'Th- • •• 5 00 r, 4,, J=� `, L � 1 PURPOSE: COMMERCIAL MINING OPERATION DATUM: SEA LEVEL ADJACENT PROPERTY OWNERS: SEE NUMBERED LIST ON APPLICATION FORM VICINITY MAP U.S.G.S. QUAD. SCALE 1:24,000 ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD HENDERSON, CO 80640 EXISTING GRAVEL MINE ADJACENT TO: COLORADO RIVER AT: SILT COUNTY: GARFIELD STATE: CO APPLICATION BY: ALBERT FREI AND SONS, INC. SHEET 1 OF 5 DATE 3-7-89 68-L-£ 31V0 S 40 Z 133HS '3NI `SNOS ONV I3H4 1H381V A8 NOIIV3IlddV 00 :31V18 013I4HV9 : AINO03 11IS :IV H3AIH 00VH0103 :01 1N30Vf'OV 3NIW 13AVH9 SNIISIX3 `0+1908 03 4NOSH30N3H OVOH NOIH9IH8 !MT '3NI 'SNOB ONV IJH4 1H301V SSB=„T 31V3S SNOIIION00 SNIISIX3 M3IA NV1d WH04 NOIIV3IlddV NO 18I1 03H38WfN 33S :SHJNM0 AlH3d0Hd 1N33VPOV 13A31 V38 : WO1V0 NOI1VH3d0 9NINIW 1VI3113WW03 :380AHfld H3AIH WOH4 l4 00T )10V8138 SI 3NI1 SNINIW 'S '3kVl 40 W01109 031V3IONI SN0I1VA313 'q 03NIW 38 11IM SONV113M 9NI1SIX3 3H1 '£ SNId01S )INVB 1104 (13911 38 11IM 1114 3AI/VN A1N0 . 'Z 03NIW 38 11IM 3NIl---M--- 3H1 NIHIIM S0NV1 11V 'T :8310N N • (S3Sf1 'M •0 •H 3SIW) SV38V 03ddIH1S 1-7 v. s ► ' a , SOVOH 9NIISIX3 "_________ 33V4H1S 83IVM 3)IV1----M---- H3AIH S31Id)IOOIS Wb d OL -I SONV113M HIIM V3HV NVIHVdIH SONV1I3M 3Hfllfl4 ******4 3NI1 AI83d08d :ON3931 SONV113M EIOL. ON • NO 1133 I-70 R. 0. W. •- RI VEI4 11 NOTES: 1. ALL LANDS WITHIN THE ---W--- LINE WILL BE MINED 2. ONLY NATIVE FILL WILL BE USED FOR BANK SLOPING 3. THE EXISTING WETLANDS WILL BE MINED 4. ELEVATIONS INDICATED BOTTOM OF LAKE. 5. MINING LINE IS SETBACK 100 FT FROM RIVER PURPOSE: COMMERCIAL MINING OPERATION DATUM: SEA LEVEL ADJACENT PROPERTY OWNERS: SEE NUMBERED LIST ON APPLICATION FORM PLAN VIEW BERMS ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD HENDERSON, CO 80640 EXISTING GRAVEL MINE ADJACENT TO: COLORADO RIVER AT: SILT COUNTY: GARFIELD STATE: CO APPLICATION BY: ALBERT FREI AND SONS, INC. SHEET 3 OF 5 DATE 3-7-89 68-L-£ 3IVO S dO +i 133HS ' 3NI ' SNOS ONV I3Hd 11:1381V A8 NOIIV3I1ddV 00 : 31V1S 013IduV9 : AINO03 11IS :1V H3AIH OOVH0103 :01 1N30Vf'OV 3NIW 13AVH9 9NIISIX3 041908 00 ' NOSH30N3H OVOH NOIH9IH8 TZSTT ' 3NI ' SNOS ONV I3lid IU381V M3IA' N0I103S WHOd NOIIV3IlddV NO ISI1 03d38WfN 33S :SHANMO AIH3d0Hd IN33VrOV 13A31 V3S : Wf11V0 NOI1VH3d0 MINN 1VI3H3WW03 :390dafld 11 ddlON ,00£= „T - H 3NON - A :31V3S VAX M3IA 9NINIW-1SOd ,V - V N0I133S W01106 31V1 ,SZ+1S SM .- ®4"4 5�av ya4' . Sao t^ ,00£= „T - H ,OE a„ i - A :31V3S M3IA 9NINIW-3Hd ,V - V N0I103S 0311Id V3HV Uf101NO3 MINN 31V3S ON N0I103S-SSOti3 -1lId 1fl3 1V3IdAl lfl0 V3UV EEOI. ON • NO 1O1!3 B' Q'C QQ I25'SETBACK MINED SLOPES SCALE 1" = 20' B WS 5425' LAKE BOTTOM NO SCALE NOT A PERMII PURPOSE: COMMERCIAL MINING DATUM: SEA LEVEL ADJACENT PROPERTY OWNERS: SEE NUMBERED LIST ON APPLICATION FORM SECTION VIEW SECTION B - B' ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD HENDERSON, CO 80640 EXISTING GRAVEL MINE ADJACENT TO: COLORADO RIVER AT: SILT COUNTY: GARFIELD STATE: CO APPLICATION BY: ALBERT FREI AND SONS, INC. SHEET 5 OF 5 DATE 3-7-89 --1SLZISZ9 !Al U C • TO9T9 OD 4SONI21dS QOOMNS'IO £0£ SIS "IS HIP 60T NOISSIWW00 ONINNFI'Id UZN1100 QZSI fNVO BOIION OIl9fld t":1 o 69.6 rt X131:PA- 9 fi i I g ddb' NOI103S A8O1V1f1931:1 SS3NISf18 1VIOI330 019S6 VINHOJI1V3 '01N3111/H3VS 11VW 101IdV3 0S9 SH33NI°JN3 3O Sdd03 01N31111V83VS `13IH1SIO 833NIJN3 AWHV 'S -fl AMP/ 3H1 3O 1N3WjHVd3a • CO LO RAD 222 So. 6th Grand Ju August 16, 1988 Mr. Lael Hughes 3844 County Road 100 Carbondale CO 81623 Ijeqf 9 1988 STATE OF COLORADO GARFiELI p CERTIFIED MAIL NO. P499043303 COUNTY COMMISSIONERS Re: Official Notice of Violation Dear Sirs: Your attention is directed to the Colorado Air Quality Control Act, CRS, Sections 25-7-114(1) and (4), which read as follows: Roy Romer Governor Thomas M. Vernon, M.D. Executive Director "(1) No person shall permit emission of air pollutants from, or construc- tion or alteration of any facility, process, or activity except residen- tial structures from which air pollutants are, or are to be, emitted un- less and until an air pollutant emissions notice has been filed with the Division with respect to such emission. A revised emissions notice shall be filed whenever a significant change in emissions is anticipated or has occurred. The commission shall exempt those sources or categories of sources which it determines to be of minor significance from the require- ment that an air pollutant emissions notice be filed." "(4) No parson shall construct or substantially alter any building, facility, structure,::or installation, except single family residential dwellings, or tostall say a cbL, equipment, or ether device, or commence the conduct of may cosbtaations thereof. or coalmines operations of any of the sass which will or do constitute a new stationary source or anew in- direct air pollution source without first obtaining or having a valid per- mit therefor from the division, board, or commission, as the case may be; except that no permit shall be required for new indirect air pollution sources until .regulations regarding permits for such sources have been promulgated by the commission. The commission shall establish rules, regulations, and procedures in accordance with the provisions of this article for the granting or denial of permits which shall be in conformity with the purposes of this article, as set forth in Section 25-7-102, but in no event shall regulations governing indirect air pollution sources be Mr. Lael Hughes Page 2 1888 August 16, more stringent than those required for compliance with the federal act and final rules and regulations adopted pursuant thereto. Such procedures following:..." include, but not be limited to, r pit located oma to the attention of the Air Pollution Control. Division that You It has c halt batch plant at the Albert Frei gravel southf ohas erectedl,an asphalt review of the Divisions ifiles indicates of Silt, Colorado. that a valid permit has not been issued for this operation.g valid d the asphalt plant continue to peafcrcemeatwithout actionfirst iaobtaining acc � with emission you will be subject to as !o emctsion permit unction) CRS, which reads in part Section 25-7-12101) (court injunction) person fails to comply with a final order oending adminthe board, - istrative the event any subject to stay p or com- mences division, or the commission that is not modifies, istrative review, or in the event any p operation of any air pollution source in violation aoof s tSeccasetion may men?s op the division, or the commission, 25-7-114(4),e,may the theads for the district in which theue3teg be, may request district attorneyney for to bring, and if so req ed f it is his dutyo occurs or, the suitrfor an injunction to prevent any requested it is his o bring, " or continued violation of such order or of Section 25-7-114(4)• er da act to civil penalties up to $25,000 P— Also be advised that you are subject CRS, which reads as follows: as provided by Section 25-7-122(1)(b), _ _ ceding requirements of Section 7-114(4an airegardu- "AnyconS person who violates n, oommencement of operationpenalty of construction, thous suchon, subject to a civil of opera- tion tion source without such a permit shall be pday for each day not more than twenty-five thousand dollars p tion after receipt of the notice of noncompliance or violation." are also subject to m $10.00 civil penalty, in addition to Cbe Aboveci yam liyr s8 prGvided by Mac i 210.7-122(1)(0. CAS. which reads sberw �tt�d its copal to comply with the provisions of Sectionone 25-7-114(1) s." "Any person failing shall beesubject to a civil penalty of not more than permit application with all necessary infor- mation, your firm submits an ADEN and P proposed air pollution control measureswill a preliminary analysis of control regube la - tionsion, p applicable air quality roved peanut ti made ando insure compliance roblemslarefound, an initial app tions standards. If ou to operate at that time. will be issued allowing y YOUR OPERATION WITHOUT A PERMIT IS ILLEGAL. All operations must be discon- tinued immediately and until such time as an emission p ermit has been obtained taken under the above cited Sections of Title 25, Article 7, or action may be CRS. • Mr. Lael Hughes Page 3 August 16, 1988 If you have any questions, please contact this office at 248-7160. Sincerely, P/ Sco t J. ller Air Pol ution Control Division Cot 106arriald County Coessirsionerr Mark Been, Garfield County Planner Frank Johnson, Attorney General's Office Ron Rutherford, EPA Denver Office File GARFIELD COUNTY DEPARTMENT OF BUILDING SANITATION AND PLANNING December 8, 1988 Regulatory Unit 4 U.S. Army Engineer 764 Horizon Drive, Grand Junction, CO Re: Public Notice Gentlemen: District, Sacramento Room 211 81506-8719 No. 10056 Please be advised that any representation of use of the 3.5 acre loading area on the north side of the river and the use of a conveyor is no longer permitted by the Garfield County Special Use permit. Enclosed for your information is a copy of Resolution No. 83-298, in which Frei agreed to remove the conveyor and revegetate the site on the north side of the river. The conveyor has been removed and revegetation has had some limited success. Any reference to these uses are inconsistent with the uses allowed by the Special Use permit. The renewing of the use of the north side of the river for loading and the conveyor will require a new application and public hearing before the Garfield Board of County Commissioners. If this application is incorrect regarding these issues, please make the appropriate corrections. If the applicant is, in fact, making application to allow these activities under a 404 permit, please advise this office. Sincerely, Mark L. Bean, Director Building, Sanitation and Planning MLB/emh encl. 109 8TH STREET, SUITE 303 945-8212 /625-5571 GLENWOOD SPRINGS, COLORADO 81601 D1 Fs, r7 ^ vim �J R: S �. ti1: r a -"•/' j 1 US Army Corps of Engineers Sacramento District 650 Capitol Mall Sacramento, CA 95814 PubIic Nbti�L..,CALLL COUNTY Public Notice No. 10056 Date:: December 2, 1988 1988 In Reply Refer to the above Comments Due by: January 3, 1988 Public Notice No. TO WHOM IT MAY CONCERN: SUBJECT: Application for an after -the -fact Department of the Army permit under Section 404 of the Clean Water Act (CWA) and for water quality certification under Section 401 of the CWA to retain dredged and fill material in wetlands and to discharge dredged and fill material into future gravel pit lake areas including excavated wetlands adjacent to the Colorado River, as shown on the enclosed drawings. APPLICANT: Albert Frei and Sons, Inc., c/o Mr. Albert R. Frei, 11521 Brighton Road, Henderson, Colorado 80640 LOCATION: The project site is located adjacent to the Colorado River approximately one (1) mile southeast of the town of Silt, in Garfield County, Colorado within Section 11 and 12, Township 6 South, Range 84 West. PURPOSE: Topsoil and pitrun iaaterial were temporarily stockpiled in existing wetlands located adjacent to the area currently being mined. The topsoil will be used to reclaim the future gravel pit lake shores. The pitrun material will be processed and the sand and gravel sold. The entire site including wetlands will eventually be mined for sand and gravel pit banks which will involve the discharge of fill material into excavated wetlands. PROJECT DESCRIPTION: Operation of the subject sand and gravel mine began in 1982 and was scheduled to proceed in 5 stages, each of approximately 30 to 35 acres and of 1 to 3 years duration. Decreased demand for sand and gravel has substantially lengthened the duration of each stage. A 3.5 acre loading area on the north side of the river will remain in use for the life of the mine. A conveyer carries the processed sand and gravel from the mine across the river to the loading area. Approximately 15 acre-feet of water are consumed each year for material washing and dust suppression. A riparian area 100 feet wide borders the river and will remain undisturbed. An undetermined acreage of this riparian area beginning 100 feet from the river and containing an undetermined acreage of wetland has already been excavated. Approximately 40.5 acres of emergent wetlands exist within the new mine boundaries of which approximately 2.5 acres are located within the 25 -foot setback and will remain undisturbed. The remaining 38.0 acres will be excavated in the mining operation. The applicant has stated that existing stockpiles within the wetland area will be removed as soon as possible and that existing wetlands will remain undisturbed until scheduled for excavation. °uoT4p'TaA9 AapuTUtTIaad ,sdao0 9144 uo pup qupoTTddp alp Aq papTAo.Id uoT4tuao3uT uo paspq uoTgpuTutaagap sT14g apput sp14 laauTbua goTagsTG 8141 °gp'Tgpq TpoTgTao aTagq ao saToads paaabuppua ao peuagpaagq Aup 409 j qou pinot AgTATgop STg1 °paap gTutaad alp uT pagpooT aq Kut saoanos=a IpangEno uPouxun ATquasaad •pa4oa33p aq pinoM 14oT14M algTbTTa SP papuautw[ooaa ao pagsTT aaggTa saopld ou aap aaagg pup paMaTAaa uaaq pq squauajddns AT144uout sqT pup saopTd OTaoa.STH 3o aa.STbaH TpuoT4p -qg 3o UOTS19A pagsTTgnd gsagpT 9141 •papuautp Sp '4OV saToads paaabuppua =144 30 L uoT4aag aapun aoTAaaS a3TTPTTM pup 14sT3 °S•fl 9144 ITP uoTgpgTnsuoo a4PT4TuT TITM sdao0 aq1 °(snlpgda000naT sniPtidapoonaT sn4aawT1pH) aTbpa pTpq alp pup (snTonT snTTagoogoAgd) 14sT3Mpnbs oppaolo0 paaabuppua atg 4oa33p Aput goacoad ST144 'uoT4e4abaA upTapdTa 30 IpA0Ut81 alp pup uoT4aldap aagpM gaa3-aaop ST 9144 3o asnpoaq 'gpgg pauTutaagap sEq saaauTbug 3o sdao0 aq1 °p91P 4Tutaad aqq uT pagpooT aq Apui saoanosaa Tpan4TnO uPouxun ATquasaad •61L8 -90S18 oppaoTop 'uoTgounr pupas 'TTZ UIooH 'aATIQ uozTaoH oquautpaopS 'q°TagsTQ aaauTbUa Autay •S•n 't gTun AaogpTnbaU og squaututoo uagqTaM anoA 3o Adoo p gsTuan3 aspald •anogp pagsTT ssaappp aqq qp aaauTbua gaTagsTQ o4uautp1OPS atq oq paggTutqns aq pTnogs uoTgpoTTddp gTutaad sT14q uo squautMOO uagqTaM •aoTgou oTTgnd 9144 3o agpp uoTgpaTdxa alp aao;aq ao U0 'n7Z08 oppaoTop J9AU9Q 'anuaAV 1141T gsPa O1 ' '14 Tp3H 3o quautgapdaQ oppaolo0 'uoTgoaS spappuptS pup buTuupTd 'Moaap,1 ugor °aN oq paggTutgns aq pinogs uoT4poT3T4aaa AgTTpnb 194PM uo squaututoo uagqTaM • W.10 al -1q 30 T o 4 uOTpoes ggtM aouppa000p uT ggTpaH 3o quautgapdaQ 'oppaoTo3 3o a4p4s 8q4 ut013 uoT4poT3T4aao AgTTpnb aagPM pagsanbaa St( qupOTTddp aq1 :NOISKw2IoaNI ZINOISIQQK •uoTgpUtploaa aa43p sapaA C ao Z 4s1T3 atq buTanp paglTutaad aq TTTM buTZpab oN •patsTlgpgsa autooaq og spupTget TpuoT4Tppp MoTTp og pagpaao aq APM Spaap a94pM MoTTpgs 'a1gwTTPAp sT TpTaagpUI uapangaano ssaoxa 3I dap 4aa3 upgg ssaT aagpM MOITpgs UT 9)(I agq 3o aagaU1Taad aqq buoTp pa14sTTgp4sa autooaq TTTM spupTgaM 3o Saaop 96•li gpgq sgoadxa qupoTTddp 9141 •spaap pupTgaz pagpApoxa uT paopTd aq TTTM TTT3 30 sp1EA 3Tgno £69'£9 ATagPUtTxoaddp ssaooad uoigpUtpTOaa agq uT 4p14g sagputTgsa gueoTTddp aq1 •sgnags pup saaa. 'sasspab gqTM buT4p4ab9Aaa pup 'ITosdoq buTopTdaa 'auTTaaogs aq-4 uT suoTgpTnpun buT4paa3 'adoTs IpoTgaaA T 04 TpquozTaoq £ p oq sxupq qTd Tanpab aqq buTppab aAIOAUT TITM pup 'aagpM 144TM TTT3 oq qTd aqq buTMOIIp aao3aq „Aap 8144 uT„ an000 T1TM 'uoTgpaado 3o abpgs gopa M®TI03 ITTM agTs 8144 30 uoT4pUtpTOa2i 99001 *ON HOIWN OISnd 886T 'Z aequtaoau 0-00-)IdSHO • • CESPK-CO-O December 2, 1988 PUBLIC NOTICE NO. 10015 Interested parties are invited to submit written comments on or before January 3, 1988. Any person may request, in writing, within the comment period specified in this notice that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership, and in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge does not comply with the Environmental Protection Ager-y's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the district engineer determines it would be contrary to the public interest. 1 Encl 4 Drawings JACK A. LE CUYER COLONEL, CE District Engineer Ar -3 g19 88 -T£ -OT 31V0 ' ONI ` SNOS ONV I3Hd 1H381V :AS NOI1V3IlddV 03 :31V1S 013Id8V9 : A1N003 11IS :1V 83AIH 00V8010a :01 1N30Vf aV 3NIW 13AV89 9NI1SIX3 0+7908 03 `NOSH30N3H OV08 NOIH9I88 TZSTT '3NI `SNOS ONV I38d 1H381V 000 ` in : T 31VOS •avno 'S'9'S'n dVW AlINIOIA WHOd NOI1V3IlddV NO 1SI1 03838Wf1N 33S :S83NMO A183dO8d 1N33Vf'OV 13A31 V3S : Wf11V0 NOI1V83d0 MINN 1VI383WW03 :3SOdH0d I -,OI1d001 II IIOI`_�4 ' r 1 4 —_ - _— t'4 — ( /. I \t{Jlla 0i leers i II 1 OS -"IlDlla ^ 1_,..„..„.s--.... \, --.... U 3/Vi i 0NVLJ o/d f-- N�1/� j F '=.y ... '''''.";)!---'-'•:)'"".,-..--1._! z _F_-�4 e , I t ,1 (7NV O' i 1 yy y -7-7-•,.......,..n,.........).......--:-......=........_. — .� • •_,.,.=..[..- I • -I{�ll f 4795 19 ! ) 2 `tioi4,-'-'-'-.__—,--. 9,-.117',-,-/v- SO4-6 I'•I• '1' .II; �� !�t ill::I�e4�r 1 1..___,' --- ,..L. � �l % I( " . u 1UUS'i ° I(' •_ .. ' , ' ••-,;;/o7_, o u 1 • II.,�.- r IP 3.r4.1, .._ i111.W.4'':At a' ,' � 1 • 3UVM' • c 0095 'h. eoes • ( ( 1. \. Is ' ) ( 1 1 1 ) �_ l� rel,) > I .1 009,9"x v f 11 / rl / • u u • i� 9g001 Nd � V lON • • • PN 10056 ******* GLIILD LEGEND: BOUNDRY OF WETLANDS STRIPPED AREA PROPERTY LINE FUTURE WETLANDS EXISTING STOCKPILES I-70 MINED AREAS RIVER LAKE WATER SURFACE EXISTING ROADS NOT APERMIT R. 0. W. 1. ALL LANDS WITHIN THE ---W--- LINE WILL BE MINED 2. ONLY NATIVE FILL WILL BE USED FOR BANK SLOPING 3. THE EXISTING WETLANDS WILL BE MINED 4. ELEVATIONS INDICATED BOTTOM OF LAKE. 5. MINING LINE IS SETBACK 100 FT FROM RIVER PURPOSE: COMMERCIAL MINING OPERATION DATUM: SEA LEVEL ADJACENT PROPERTY OWNERS: SEE NUMBERED LIST ON APPLICATION FORM PLAN VIEW SCALE 1" = 855' ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD HENDERSON, CO 80640 EXISTING GRAVEL MINE ADJACENT TO: COLORADO RIVER AT: SILT COUNTY: GARFIELD STATE: CO APPLICATION BY: ALBERT FREI AND SONS, INC. t 4 SHEET 4 OF "5 DATE 10-31-88 89 -*7T -1T 31170 d0 133HS '3NI SNOS ONV I3Hd 18381` :A8 NOI1d3IlddV 03 :311715 013IHHV9 : Jl1Nl00 11IS :lb HAIR 00`80103 :01 1N30df OV 3NIW 13AVH9 9NI1SIX3 0+7908 03 `NOSH30N3H avou NOIH9IH8 TZSTT '3NI `SNOS ONV I3Hd 18381V ,8 - 8 N0I103S M3IA NOI13 S WHOd NOIIV3I1ddd NO 1SI1 03H38WfN 33S SH3NMO A1H3d0Hd 1N93df 0V 13A31 d3S : Wn1v0 NOI1VH3d0 9NINIW 1VI3H3WW03 :3S0dHfld lIWb3� i'/ lON 31V3S ON 8 W01108 3N171 ,SZIK SM ,OZ = uT 31VOS S3d018 03NIW .f' N3V813S, SZ 8 95001 Nd • • PN 10056 ti4f., �', GQ 4z4) Q4�I' AREA AREA CUUT TYPICAL CUT FILL' CROSS-SECTION NO SCALE MINING CONTOUR AREA FILLED SECTION A - A' PRE -MINING VIEW r 3 SCALE: V - 1"= 30' H - 1" =300' WS 5425' LAKE BOTTOM SECTION A - A' POST -MINING VIEW 4;4- • co P•y 395 5••13u SCALE: V - NONE H - 1" =300' NOT At.I:ERM1T PURPOSE: COMMERCIAL MINING OPERATION DATUM: SEA LEVEL ADJACENT PROPERTY OWNERS: SEE NUMBERED LIST ON APPLICATION FORM SECTION .VIEW ALBERT FREI AND SONS, INC. 11521 BRIGHTON ROAD HENDERSON, CO 80640 EXISTING GRAVEL MINE ADJACENT TO: COLORADO RIVER AT: SILT COUNTY: GARFIELD STATE: CO APPLICATION BY: ALBERT FREI AND SONS, INC. SHEET OF S DATE 10-31-88 • • 10918 OD `SONINdS QOOMNITIO £O£ NIIOS 'IS HI8 601 NOISSIWW00 ONINNV'Id AIN000 Q'INIfNVO 2OLLON OIl8fld NOI133S AHO1V1f193H SS3NISf19 WOW() 61.856 VINHOAI1VO '01N3WVH3VS IIVW lO1IdV3 0S9 I1:'HalwZu a lt/0 SH33NIJN3 30 SdH00 S Z0 t ioosg asn4. OIN31/11VH3VS `101H1SI0 H33NION3 AWHV "SYl do o 8es-O30 ALARM 3H1 30 1N3WUHVd30 _t 7OHISH-STI !A""" 1VIO1d.JO'snr°1110 G - Route ❑ Bob ❑ Larry RE TMariarl ATTENTION OF Regulatory Section • DEPARTMENT OF THE ARMY SACRAMENTO DISTRICT CORPS OF ENGINEERS 650 CAPITOL MALL SACRAMENTO, CALIFORNIA 95814-4794 August 31, 1988 (88-061) Mr. Albert Frei 11521 Brighton Road Henderson, Colorado 80640 Dear Mr. Frei: RECEivFo SEP 6 1988 GHIriLLU COUNTY COMMISSIONERS (EJ C;797C".: rif 14 SEP 8 1988 I ` LARHELD COUNTY I am,,writing to you regarding the unauthorized discharge of fill material in "waters of the United States." The unauthorized discharge occurred in wetlands adjacent to the Colorado River at your Silt gravel pit near the Town of Silt in Garfield County, Colorado within Section 11, Township 6 South, Range 92 West. During routine aerial reconnaissance, personnel from our Grand Junction Regulatory field office observed gravel materials stockpiled in wetland adjacent to the Colorado River. On July 15, 1988, we inspected the site with Mr. Fred Wingstrom and verified that material was being stockpiled in wetland subject to Clean Water Act jurisdiction. The United States Army, Corps of Engineers, exercises, regulatory jurisdiction over "waters of the United States" under Section 404 of the Clean Water Act (33 USC 1344). "Waters of the United States" include the territorial seas, rivers, streams, their lakes and impoundments, and wetlands. Federal law requires any individual or entity proposing to discharge dredged or fill material into "waters of the United States" obtain a Department of the Army permit prior to commencement of such a discharge. Our records indicate that a permit has not been issued for this discharge. Therefore, I am hereby directing you to cease and desist from any further discharge of dredged or fill material into "waters of the United States." I am further directing you to remove the unauthorized stockpile from wetland and provide me with your plan to restore the vegetation by September 30, 1988. Please be aware that the Clean Water Act allows for severe civil penalties for the unauthorized discharge of dredged or fill material into "waters of the United States." We understand that you intend to extract gravel from a considerable portion of this property adjacent to the active pit. During our inspection on July 15, 1988, we observed that portions • • of the proposed mine area are wetlands subject to Clean Water Act jurisdiction. Certain activities associated with gravel extraction in "waters of the United States," such as roads, containment dikes, stockpiles, etc., require a Department of the Army permit. You should submit a detailed mine and reclamation plan for the proposed mine area to our Grand Junction Regulatory office by September 30, 1988. We will review these plans to determine whether a permit will be required to proceed with your mine plan. Should you have questions regarding this directive, please feel, free to contact G ry Davis, at 764 Horizon Drive, Room 211, Grand Junction, Colorado 81506-8719 or at telephone number (303) 243-1199. We would appreciate your immediate attention in resolving this matter. Sincerely, Jack A. Le Cuyer Colonel, Corps of Engineers District Engineer Copies Furnished: Dr. Gene Reetz, Environmental Protection Agency, 8WMSP, 999 Eighteenth Street, Suite 500, Denver, Colorado 80202-2413 Mr. Jeffrey Opdycke, Fish and Wildlife Service, 529 25 Suite B-113, Grand Junction, Colorado 81505 Mr. Jon Scherschligt-401, Colorado Department of Health, 421 East Eleventh Avenue, Denver, Colorado 80220 Mr. Fred Vanta, Director, Colorado Mined Land Reclamation Division, 1313 Sherman Street, Room 423, Denver, Colorado 80203 Mr. Hal Burdick, Colorado Division of Wildlife, 711 Independent Avenue, Grand Junction, Colorado 81505 Mr. Chuck Deschenes, County Administrator, Garfield County, 109 Eighth Street, Suite 300, Glenwood Springs, Colorado 81601 • 0 COLORADO DEPARTMENT.OF HEALTH Air Pollution Control Division X1876 Telephone: (303) 331-8511 • EMISSION PERMIT PERMIT NO. 10GA799P DATE ISSUED: ISSUED TO: July 12, 1988 BLACK DIAMOND ASPHALT COMPANY INITIAL APPROVAL ❑ FINAL APPROVAL Ea Transfer of Ownership THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Facility for production of hot mix asphalt to be located at various sites within the State of Colorado and homebased at 3844 County Road 100, Carbondale, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One Barber Green, Model BR -16, hot mix asphalt facility to produce up to 24,000 tons of hot mix asphalt per year at a maximum design rate of 50 tons per hour. Consumption of up to 52,800 gallons No. 2 fuel oil per year. Emissions from the dryer vented to a wet scrubber. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. (25-7-101 et se��, TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF"THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed 20% opacity. 2. The permit number shall be clearly marked on the subject equipment for ease of identification. 3. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): Particulate Matter: 0.04 grains per dry standard cubic foot, (as required by Federal New Source Performance Standards, Section 60.90 effective June 11, 1973). evg7 ,t4re BLACK DIAMOND ASPHALT COMPANY Emission Permit No. 10GA799P Final Approval Page two • Thissource,shall be limited to a maximum production rate as listed below and all:other activities, operational rates and numbers of equipment as stated inFthe'application. Annual records of the actual production rate ,shall. be maintained...by :he applicant and made available to the Division for inspection upon request. Production of hot mix asphalt shall not exceed 50 tons/hour or 24,000 tons/year. . This source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. Consumption of No.2 fuel oil shall not exceed 52,800 gallons/year. 6. Each time this equipment is moved to a new location within the State of Colorado for a period of thirty (30) days or longer, the applicant shall file a Revised Air Pollution Emission Notice at least thirty (30) days prior to relocation. 7. All process equipment shall be maintained and operated so that there is no leakage of air contaminants to the atmosphere prior to their treatment in the pollution control system. The emission control equipmentshall be maintained in accordance with the manufacturer's instructions to achieve the maxium possible continuous control ofl•oiency fo_v. o rrticulate matter. By: Zeeif Rev'ew.Engineer James S. Geier, P.E., Chief Nick Melliadis New Source Review Section Stationary Sources Program Air Pollution Control Division (P-10/de) • 1 GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 6, 7, and 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduction of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been deter- mined by the APCD to be necessary to assure compliance with the provisions of C.R.S. 1973, 25-7-114(4)(g) and, as such, shall be enforceable under the provisions of C.R.S. 1973, 25-7-115 after final approval of the permit has been granted. Emission limits are imposed to ensure that emissions will not (1) interfere with reasonable further progress toward attainment of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-114(4Xg)(1)(B) and 25-7-301(i); Section 172(b)(3) of the Federal Clean Air Act, 42 USC 7502 (b)(3); and Section IV.D.2. of the Air Quality Control Commission Regulation No. 3 or (2) result in an exceedance of the NAAOS for pollutants as required by C.R.S. 1973, Sections 25-7-102, 25-7-105(1)(a)(I), and 25-7-201(1)(b); Section 165(a)(3) of the Clean Air Act, 42 USC 7475(a)(3); and Section IV.D.1.c. of Air Quality Control Commission Regulation No. 3. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to, or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air P )Ilution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the revised Air Pollutant Emissions Notice (APEN) (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in Section III.B. of AQCC Regulation No. 3 upon a request for transfer of ownership. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of C.R.S. 1973, Section 25-7-114(4)(j) and Section IV.H. of AQCC Regulation No. 3. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later, (2) discontinue construction for a period of 18 months or more, or (3) do not complete construction within a reasonable time of the estimated completion date. Exten- sions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of C.R.S. 1973, Section 25-7-114(4)(j) and Regula- tion No. 3., Section IV.H.1., and can result in the revocation of the permit. 8. YOU MUST obtain final approval within six months of the commencement of operation as that term is defined by the AQCC. Failure to obtain final approval will result in the revocation of the permit. 9. Violation of the terms of a permit which has received final approval or of the provisions of the Colorado Air Quality Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under C.R.S. 1973, Sections 25-7-115 (enforcement), 25-7-121 (injunctions), 25-7-122 (civil penalties) and 25-1-114 (criminal penalties). APCD 83 (REV. 10/83) • • COLORADO DEPARTMENT OF HEALTH Air Pollution Control Division * 1g 76 Telephone: (303) 331-8511 EMISSION PERMIT PERMIT NO. RRPTLLRP DATE ISSUED: July 25, 1988 ISSUED TO: 13ASAL7' CONSTRUCTION C(»:PANY INITIAL APPROVAL On FINAL. APPROVAL ❑ THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Producer of asphalt concrete located at 17838 Highway- 133, Redstone, Pi thin County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (1) hot mit asphalt plant ADM SPL 4016 serial number ADM170. Particulate emissions are controlled by venturi scrubber. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. (25-7-101 et seqq)), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed 20% opacity. 2: The permit number shall be clearly -marked on the subject equipment for ease of identification. 3. The manufacturer, model number and serial number of the subject scrubber shall be provided to the Division prior to Final Approval. --continued-- BASALT CONSTh'U PION CMPANY Emission Permit No: 88PI136P Initial Approval Page 2 4. Construction of this source must commence within 18 months of initial approval permit issuance or within 18 months of the start -up -date stated in the application. If commencement does not occur within the stated time frame the permit will expire on January 25, 1990 (See General Condition No. 6., Item 1 on the reverse side of the first page of this - perm_i t) . 5. Emissions of sir pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): Particulate Matter: Sulfur Dioxide: Nitrogen (?.vides: 0.03 tons per year. 0.162 tons per year. 0.045 tons per year. 6. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request;. Production of hot mix asphalt concrete shall not exceed 30 tons/hour or 3000 tons/Year. There will be no recycled asphalt used in the mix. 7. This source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. Consumption of No. 2 fuel oil shall not exceed 4,500 gallons/,year. 8. Each time this equipment is moved to a new location within the State of Colorado for a period of thirty (30) days or longer, the applicant shall file a Revised Air Pollution Emission Notice at least thirty (30) days prior to rel oca ti on . 9. All process equipment shall be maintained and operated so that there is no leakage of air contaminants to the atmosphere prior to their treatment in the pollution control system. The emission control equipment shall be maintained in accordance with the manufacturer's instructions to achieve a continuous control efficiency of at least 99.6%. 10. A source compliance test shall be conducted to measure the emission rate (s) for the pollutants listed below. The test protocol must be in accordance with the requirements of the Air Pollution Control Division Compliance Test Pfanual and shall be submitted to the Division for review and approval at least: thirty (30) dais prior to testing. No test shall be conducted without prior approval from the Division. Particulate Matter using EPA Method 1-5. BASALT CONSTRUCTION COMPANY Enission Permit No: 88PI136P Initial Approval Page 3 • 11. This source is subject to NSPS requirements of Regulation No. 6, Section [SII which limits particulate emissions to .04 grains/dscf and 20% visible opaci t T'. By: (p-88/jsg) By: James S. Geier, P.E., Chief New Source Review Section Stationary Sources Program Air Pollution Control Division • • GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 6, 7, and 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduction of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been deter- mined by the APCD to be necessary to assure compliance with the provisions of C.R.S. 1973, 25-7-114(4)(g) and, as such, shall be enforceable under the provisions of C.R.S. 1973, 25-7-115 after final approval of the permit has been granted. Emission limits are imposed to ensure that emissions will not (1) interfere with reasonable further progress toward attainment of the NAAOS for pollutants as required by C.R.S.1973, Sections 25-7-114(4Xg)(IXB) and 25-7-301(i); Section 172(b)(3) of the Federal Clean Air Act, 42 USC 7502 (b)(3); and Section IV.D.2. of the Air Quality Control Commission Regulation No. 3 or (2) result in an exceedance of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-102, 25-7-105(1)(a)(I), and 25-7-201(1)(b); Section 165(a)(3) of the Clean Air Act, 42 USC 7475(aX3); and Section IV.D.1.c. of Air Quality Control Commission Regulation No. 3. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to, or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air P )IIution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the revised Air Pollutant Emissions Notice (APEN) (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in Section III.B. of AQCC Regulation No. 3 upon a request for transfer of ownership. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of C.R.S. 1973, Section 25-7-114(4)(j) and Section IV.H. of AQCC Regulation No. 3. Final approval cannot bo granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichaver is later, (2) discontinue construction for a period of 18 months or more, or (3) do not complete construction within a reasonable time of the estimated completion date. Exten- sions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of C.R.S. 1973, Section 25-7-114(4)0) and Regula- tion No. 3., Section IV.H.1., and can result in the revocation of the permit. 8. YOU MUST obtain final approval within six months of the commencement of operation as that term is defined by the ADCC. Failure to obtain final approval will result in the revocation of the permit. 9. Violation of the terms of a permit which has received final approval or of the provisions of the Colorado Air Quality Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under C.R.S. 1973, Sections 25-7-115 (enforcement), 25-7-121 (injunctions), 25-7-122 (civil penalties) and 25-1-114 (criminal penalties). APCO'83 (REV 10/83) STATE COLORADO COLORADO DEPARTMENT OF HEALTH 222 So. 6th St., Room 232 Grand Junction, Colorado 81501 August 16, 1988 Mr. Lael Hughes 3844 County Road 100 Carbondale CO 81623 Re: Official Notice of Violation Dear Sirs: CERTIFIED MAIL NO. P499043303 5) �ri _1 c�1 AUG 17 1988 14, GARfIELD COUNTY Your attention is directed to the Colorado Air Quality Control Act, CRS, Sections 25-7-114(1) and (4), which read as follows: Roy Romer Governor Thomas M. Vernon, M.D. Executive Director "(1) No person shall permit emission of air pollutants from, or construc- tion or alteration of any facility, process, or activity except residen- tial structures from which air pollutants are, or are to be, emitted un- less and until an air pollutant emissions notice has been filed with the Division with respect to such emission. A revised emissions notice shall be filed whenever a significant change in emissions is anticipated or has occurred. The commission shall exempt those sources or categories of sources which it determines to be of minor significance from the require- ment that an air pollutant emissions notice be filed." "(4) No person shall construct or substantially alter any building, facility, structure, or installation, except single family residential dwellings, or install any machine, equipment, or other device, or commence the conduct of any combinations thereof, or commence operations of any of the same which will or do constitute a new stationary source or a new in- direct air pollution source without first obtaining or having a valid per- mit therefor from the division, board, or commission, as the case may be; except that no permit shall be required for new indirect air pollution sources until regulations regarding permits for such sources have been promulgated by the commission. The commission shall establish rules, regulations, and procedures in accordance with the provisions of this article for the granting or denial of permits which shall be in conformity with the purposes of this article, as set forth in Section 25-7-102, but in no event shall regulations governing indirect air pollution sources be • • Mr. Lael Hughes Page 2 August 16, 1988 more stringent than those required for compliance with the federal act and final rules and regulations adopted pursuant thereto. such procedures shall include, but not be limited to, the following:...' It has come to the attention of the Air Pollution Control Division that your firm has erected an asphalt batch plant at the Albert Frei gravel pit located south of Silt, Colorado. A review of the Division's Permit files indicates that a valid permit has not been issued for this operation. Should the asphalt plant continue to operate without first obtaining a valid emission permit you will be subject to enforcement action in accord with Section 25-7-121(1) (court injunction) CRS, which reads in part as follows: "In the event any person fails to comply with a final order of the board, the division, or the commission that is not subject to stay pending admin- istrative review, or in the event any person constructs, modifies, or com- mences operation of any air pollution source in violation of Section 25-7-114(4), the board, the division, or the commission, as the case may be, may request the district attorney for the district in whicn the alleg- ed violation occurs or the attorney general to bring, and if so requested it is his duty to bring, a suit for an injunction to prevent any further or continued violation of such order or of Section 25-7-114(4)." Also be advised that you are subject to civil penalties up to $25,000 per day as provided by Section 25-7-122(1)(b), CRS, wnich reads as follows: "Any person who violates the requirements of Section 25-7-114(4) regarding construction, modification, or commencement of operation of an air pollu- tion source without such a permit shall be subject to a civil penalty of not more tnan twenty-five thousand dollars per day for each day of opera- tion after receipt of the notice of noncompliance or violation." Finally, you are also subject to a $100.00 civil penalty, in addition to the above cited penalty, as provided by Section 25-7-122(1)(c), CRS, which reads as follows: "Any person failing to comply with the provisions of Section 25-7-114(1) shall be subject to a civil penalty of not more than one hundred dollars." If your firm submits an APEN and permit application with all necessary infor- mation, a preliminary analysis of proposed air pollution control measures will be made to insure compliance with all applicable air quality control regula- tions and standards. If no problems are found, an initial approved permit will be issued allowing you to operate at that time. YOUR OPERATION WITHOUT A PERMIT IS ILLEGAL. All operations must be discon- tinued immediately and until such time as an emission permit has been obtained or action may be taken under the above cited Sections of Title 25, Article 7, CRS. • • Mr. Lael Hughes Page 3 August 16, 1988 If you have any questions, please contact this office at 248-7160. Sincerely, Sco`Et J Air Pol Division J. 'ller ution Control SJM/jw cc: Garfield County Commissioners ,/Mark Bean, Garfield County Planner Frank Johnson, Attorney General's Office Ron Rutherford, EPA Denver Office File � STATE OF COLOIKADO COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue Denver, Colorado 80220 Phone (303) 320-8333 Certified Mail No.: P 297 704 919 April 7, 1987 Frei, Albert & Sons, Inc. Albert Frei 11521 Brighton Rd. Henderson, Colorado 80640 Re: Permit Number C0-0500114 Dear Mr. Frei: Roy Romer Governor Thomas M. Vernon, M.D. Executive Director This letter is to acknowledge receipt of your annual discharge permit fee for fiscal year 1987 in the amount of $220.00. Effective April 7, 1987, the suspension of your permit which was imposed due to non-payment of fees has been lifted. If your plant is a discharging facility, you may now resume discharging per the conditions of your permit. Thank you for your cooperation in this matter. Sincerely, Seth M. Golrystein Fiscal Officer WATER QUALITY CONTROL DIVISION cc: Connie Moreno Janet Fujita, EPA Local Health Department Garfield County Department of Development/ John Blair, District Engineer MS -3 File FNIg RiLKWYq SMG:jkd 1I'� APR 14 1987 .aARFIELD COUNTY • • E1»riroi)I»eI,t, Iqc. LARRY E. O' BRIAN PRESIDENT January 21, 1987 Mr. Mark Bean Garfield County Planning Department 109 8th Street Suite 303 Glenwood Springs, CO 81601 Dear Mr. Bean: Re: Albert Frei and Sons, Silt Pit Resolution No. 82-59, Additional access point. 9989 WEST 60TH AVENUE ARVADA, COLORADO 80004 303- 423- 7297 TRITy_ JAN 2 3 1987 GARFIELD COUNTY Enclosed is the letter a letter requesting an additional access to the property. I have attached the most recent list of adjoining landowners that I have but you might want to check it if you can. As you know Mr. Frei has been awarded a large contract for gravel in the Glenwood Canyon project and they will be hauling gravel from this operation on a 24 hour basis during a part of the contract period. We would like to get this on the Commissioners agenda as soon as possible so they can begin to use the access, if approved, when the demand for material begins. If you have any other question or need more information please let me know and I will get it for you. Thank you for your help on this matter. Sincerely, .44-4. S evan L. O'Brian Vice -President cc: Albert Frei and Sons, Inc. • • ADJOINING LANDOWNERS LIST, UPDATED 10/30/85 VALLEY FARMS P.C. Box 248 SILT, CO 81652 U. S. BUREAU OF RECLAMATION 764 HORIZON DRIVE GRAND JUNCTION, CO 81501 GARFIELD COUNTY GLENWOOD SPRINGS, CO 81061 GEORGE AND ANITA SNOOK 0992 COUNTY ROAD 311 SILT, CO 81652 WILLIAM AND PERL LOPEZ 0990 COUNTY ROAD 311 SILT, CO 81652 SAN -O -LET ATTENTION: H.R. JOHNSON P.O. DRAWER 29 DOUGLAS, WYOMING 82633 LENO B. AND SHIRLEY MONTOVER 1914 COUNTY ROAD 311 NEW CASTLE, CO 81647 COLORADO HIGHWAY DEPT. 4210 EAST ARKANSAS DENVER, CO 80222 DAVIS LUMBER COMPANY ATTENTION: LEONARD DAVIS 0470 COUNTY ROAD 311 SILT, CO 81652 DONALD D. AND MAJORIE LYONS P.O. Box 462 SILT, CO 81652 ALBERT FREI & SONS, INC, SAND AND GRAVEL January 20, 1987 Board of County Commissioners Garfield County 109 8th Street Suite 303 Glenwood Springs, CO 81601 Gentlemen: GENERAL OFFICES AND PLANT 11521 BRIGHTON ROAD • HENDERSON, COLORADO 80640 (303) 289-3316 SILT AGGREGATE DIVISION 1412 ROAD 311 • NEW CASTLE, COLORADO 81647 (303) 876-2397 Re: Albert Frei and Sons, Silt Pit Resolution No. 82-59, Additional access point. This is a request to add an additional access road to the Silt Pit. Construction of the new access will require improving an old one that was used to enter cattle feeding pens by the original property owner. We have a large contract from the Colorado Highway Department to produce gravel for the Glenwood Canyon project. It will require hauling gravel from this pit in quantities that would create congestion at our main entrance limiting the ingress/egress from the pit. We feel the additional access road would reduce this congestion. The way this new access would be used is to have all empty trucks enter on the new road, load with material at the processing area, cross the scales and exit on the main access currently in use. The following advantages would be realized by using this circulation pattern whenever large numbers of trucks are needed to remove gravel for large contracts. 1. Improved internal traffic flow patterns, creating less conges- tion on internal pit roads and improving the productivity of the pit. 2. By having trucks entering at one point and exiting at another we would create less congestion on the county road thus lessening impact on local traffic. 3. By routing the incoming trucks into the new access they can be loaded faster and should they backup waiting for loadout they would be within the pit and not strung out on the county road. 110 i Albert Frei and Sons, Inc. Page 2 Resolution No. 82-59 cont. Attached is a copy of MLRB Mining plan Map showing the approximate location of the new access and the road to the processing area. The arrows denote the flow patter on the roads to be used by the haul trucks. Thank you for considering this request for an additional new access. We will do our best to reduce congestion on the county road whenever possible and feel this additional access would be a good start in doing that. Sincerely, ALBERT FREI AND SONS, INC. Albert R. Frei President enclosure cc Stevan L. O'Brian, Environment, Inc. COLORADO DEPARTMENT OF HEALTH , l870t/ Air Pollution Control Division Telephone: (303) 320-4180 iISSION PER IT PERMIT NO 85AR388P DATE ISSUED: March 21, 1986 ISSUED TO: KIEWIT WESTERN CO. INITIAL APPROVAL ED FINAL APPROVAL 0 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable asphalt plant based at 4975 West C-470, Littleton, Arapahoe County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: CMI drum mix asphalt plant, model UVM - 1700SP, serial No. VM 1700SP. The plant is capable of processing recycled asphalt. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed 20% opacity.- -, 2. The permit number shall be clearly marked on the subject equipment for ease of identification. 3. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): Particulate Matter: Sulfur Dioxide: Nitrogen Dioxide: Volatile Organic Compounds: Carbon Monoxide: 7.25. lbs./hour 39.12 lbs./hour 26.37 lbs./hour .13 lbs./hour 2.40 lbs./hour -cont'd- and 9.43 tons/year. and 25.00 tons/year. and 16.50 tons/year. and .08 tons/year. and 1.50 tons/year. • GENERAL TERMS AND CONDITIONS: IMPORTANT! READ ITEMS 6, 7, and 8) 1 This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduction of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been deter- mined by the APCD to be necessary to assure compliance with the provisions of C.R.S. 1973, 25-7-114(4)(g) and, as such, shall be enforceable under the provisions of C.R.S. 1973, 25-7-115 after final approval of the permit has been granted. Emission limits are imposed to ensure that emissions will not (1) interfere with reasonable further progress toward attainment of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-114(4)(gXIXB) and 25-7-301(i); Section 172(b)(3) of the Federal Clean Air Act, 42 USC 7502 (b)(3); and Section IV.D.2. of the Air Quality Control Commission Regulation No. 3 or (2) result in an exceedance of the NAAQS for pollutants as required by C.R.S. 1973, Sections 25-7-102, 25-7-105(1)(a)(I), and 25-7-201(1)(b); Section 165(a)(3) of the Clean Air Act, 42 USC 7475(a)(3); and Section IV.D.1.c. of Air Quality Control Commission Regulation No. 3. E 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to, or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the revised Air Pollutant Emissions Notice (APEN) (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in Section III.B. of AQCC Regulation No. 3 upon a request for transfer of ownership. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of C.R.S. 1973, Section 25-7-114(4)(j) and Section IV.H. of AQCC Regulation No. 3. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this 'permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later, (2) discontinue construction for a period of 18 months or more, or (3) do not complete construction within a reasonable time of the estimated completion date. Exten- sions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee. 7. YOU MUST notify the APCD at (east thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of C.R.S. 1973, Section 25-7-114(4)01 and Regula- . tion No. 3., Section IV.H.1., and can result in the revocation of the permit. 8.. YOU MUST obtain final approval within six months of the commencement of operation as that term is defined by the AQCC. Failure to obtain final approval will result in the revocation of the permit, 9. Violation of the terms of a permit which has received final approval or of the provisions of the Colorado Air Quality Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under C.R.S. 1973, Sections 25-7-115 (enforcement), 25-7-121 (injunctions), 25-7-122 (civil penalties) and 25-1-114 (criminal penalties). APCn:83 (REV. 10/83) KIEWIT WESTERN CO. Emission Permit No. 85AR388P Initial approval Page two 4. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. Production of asphalt shall not exceed 300 tons/hour or 400 X 103 tons/year. 5. This source shall be limited to a maximum consumption rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. Consumption of No. 5 Fuel shall not exceed 600 X 103 gallons/year. The amount of recycled asphalt processed shall not exceed 50 percent. 6. All process equipment shall be maintained and operated so that there is no leakage of air contaminants to the atmosphere prior to their treatment in the pollution control system. The emission control equipment shall be maintained in accordance with the manufacturer's instructions to achieve a continuous control efficiency of at least 99% for particulates. Alf 7. A source compliance test shall be conducted to measure the emission rate(s) for the pollutants listed below. The test protocol must be in accordance with the requirements of the Air Pollution Control Division Compliance Test Manual and shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. No test shall be conducted without prior approval from the Division. Final permit conditions will limit plant operation to the rates occuring during the test; including the recycle rate. Particulate Matter using Method 5. Sulfur Dioxide using Method 6. 8. This source is subject to the requirements of Regulation No. 6.VII, which limits particulate emissions to.04 grains/dry standard cubic foot. 9. This source is subject to the requirements of Regulation No. 6, Part 8, which limits sulfur dioxide emissions to .8 lb/MMBTU heat input. -cont d- KIEWIT WESTERN CO. Emission Permit No. 85AR388P Initial Approval Page three 10. Construction of this source must commence within 18 months of initial approval; permit issuance or within 18 months of the start -up -date stated .in the application. If commencement does not occur within the stated time frame the permit will expire on September 21, 1987 (See General Condition No. 6., Item 1 on the reverse side of the first page of this permit). 11. Final SO2 emission limits will be based upon stack test results. By: 4 mes,S..Geier, P.C., Chief New. Source Review Section Stationary Sources Program Air. Pollution Control. Division 410 • AIR POLLUTION CONTROL DIVISION - COLORADO DEPARTMENT OF HEALTH 4210 East 11th Avenue, Denver, Colorado: Phone 320-4180 RELOCATION INFORMATION SHEET FOR PORTABLE EQUIPMENT (This sheet must be submitted for each new location prior to moving equipment to keep existing permit valid.) 1. Name and Address of Business, Corporation, Company, Individual Owner or Government Agency: Name k t e. uJrt • Mailing Address /-; o,� $;t/ L4f//(7,• 3 eoLO ZIP 4&4444 80i6 D 2. a. Existing Permit Number es • ' • b. Circle applicable portable equipment: sphalt Plant Crusher, Ready Mix, Other 3. Plant Location a. Present Location ,eo c%y F70, Pza„L-± County: .37e771,1 -c, b. New Location �LGQ•7' Ar, e.-::;o.A.cf a,ucf %^,,,,e� rt jig,, ,`�. Cf, County: 6avt 4. Dates a. Start equipment erection in new location 94 5 �� 6 b. Complete erection and start operation �g� c. Anticipated operation time (dates): From: 5)/0./86 To: /6 s/8 5. Operating Time in New Location: Hours/day /10 Days/week S 6. Aggregate Pit Information (� a. Pi t Name A./24,,;77L FSand moi, c ��v b. Pit Analysis - submit with this form (asphalt plant only). 7. Process Information a. Asphalt Plant (1) Mix Temperature (Hot Asphalt Product) (2) Aggregate Flow Through Dryer o $eL Tons/hour (3) Bituminous Paving Production Rate 3 0 0 Tons/hour . of b. Crusher: Aggregate produced in Tons/hour: c. Ready Mix: Concrete produced in Yd3/hour: 8. Emission Control a. Asphalt Plant (if more than one, check all applicable): Baghouse Venturi scrubber X Wet Scrubber Cyclone(s) b. Crusher: Fugitive dust abatement measures: c. Ready Mix: ,94 Baghouse Other Spray ring at truckload 9. Person -in -Charge on Site 10. Signature and T Name /Ot , _ r- .S FILING FEE: $40.00 (Fee upplying Information S� Title applicable for relocations of 30 days or more) 1l. i 4�. 4 U C N 1 fl E. r I• 5c 1 a 12 ^I , 11 1,001l A. 11.1 VI t. 5. /507c •; / L/ /YZeti e t:L (3• $ D/C° fIIS i7:FORMIloN ,,, i/.;,\Q�.;, �J`J a'~(.�• PL,S7 'S FCNCT UY.: AA, Pg. .P/: � ::o r..al �l•r ra:+ .n .n PSeismal fhruu,,h •. t �; 1 haurs/Ua.paya+WreV+41• re1.a'ear I Der-FebMar-MaysJun-Aug 11Z r. AlNO SNOISIA3U11 SOI 0 • z 0 n m • . ALBERT FREI & SONS, INC. SAND AND GRAVEL GENERAL OFFICES AND PLANT 11521 BRIGHTON ROAD • HENDERSON, COLORADO 80640 (303) 289-3316 SILT AGGREGATE DIVISION 1412 ROAD 311 • NEW CASTLE, COLORADO 81647 (303) 876-2397 /-l�,dr C We are asking you sign this paper to show that you have received a copy of the Albert Frei and Sons request to temporarily modify their asphalt batch plant operating hours. Signing this does not mean that you approve or disapprove this temporary change it just indicates that we have given you a copy of the proposal and an indication of the time and date we plan to take this to the Garfield County Com- missioners. Thank You, Albert Frei and Sons, Inc. Signature Address Rtn 111 Val ley�� F(/a 8H ms Date kjlez 44441174444:4992 County Road 311, Silt, CO 81652 G rqe o,Anita Snook ° D to P.O. Box 248, Silt, CO 81652 -!`atA,e 0990 County Road 311, Silt, CO 81652 W' 1 am of ooz Date Leno )B'. or Shirley Mo over _,..92 -/94FIG Date 1914 County Road 311, New Castle, CO 81647 0470 County Road 311, Silt, CO 81652 Leonard Davis Davis Lumber Company Date X30 - (e Donald D._ or Majorie Lyons Date P.O. Box 462, Silt, CO 81652 • • GENERAL OFFICES AND PLANT 11521 BRIGHTON ROAD • HENDERSON, COLORADO 80640 (303) 289-3316 ALBERT FREI & SONS, INC, SAND AND GRAVEL August 28, 1986 Donald D. And Majorie Lyons P.O. Box 462 Silt, CO 81652 Dear Mr. & Mrs. Lyons: SILT AGGREGATE DIVISION 1412 ROAD 311 • NEW CASTLE, COLORADO 81647 (303) 876-2397 Re: Albert Frei and Sons, Inc., Silt Pit Attached you will find a proposal we plan to submit to the Garfield County Commissioners at 9:00 A.M. on Tuesday, September 2, 1986. It is a request to temporarily operate an asphalt batch plant 24 hours a day for a five day period. We plan to limit the operation to a Monday thru Friday period during Mid -September, the exact starting date is not known at this time. The material produced will be used on a paving project in Glenwood Canyon. We know this is short notice and apologize for that. We are notifying you of our plans so that you have an opportunity to comment as concerned neighbors. We ask you to be patient with us during this operating period and to understand that we are not requesting that this be permanence and we will give the county and you five days notice prior to commencing 24 hour operation. Thank you for your understanding and please call our offices if you have any questions on this proposal. Sincerely, Albert R. Frei President cc Mark Bean, Garfield County Planning • • ALBERT FREI & SONS, INC, SAND AND GRAVEL August 28, 1986 Board of County Commissioners Garfield County 109 8th Street Suite 303 Glenwood Springs, CO 81601 Gentlemen: GENERAL OFFICES AND PLANT 11521 BRIGHTON ROAD • HENDERSON, COLORADO 80640 (303) 289-3316 SILT AGGREGATE DIVISION 1412 ROAD 311 • NEW CASTLE, COLORADO 81647 (303) 876-2397 Re: Albert Frei and Sons, Silt Pit Resolution No. 82-59 Operating Hours Modification We have been recently approached by a construction firm involved in the Glenwood Canyon road project to see if they could set an Asphalt Plant on our Silt pit plant site. They have a paving project that needs to be completed before the end of September, 1986 that will require producing material after our normal operating hours. This paving project would be for five consecutive days Monday thru Friday. They would operate the plant 24 hours a day during this five day period. The plant to be used will meet all air quality standards, the necessary air pollution permit will be submitted to the Planning Department prior to start up of the plant. We can notify Planning five days in advance of start up and we assure you that this extended operating period will be only for five day period we notify of. Once this project is over we will return to our normal operation hours. The normal operating hours are 6:00 am to 6:00 pm Monday thru Friday. We feel this temporary modification in our operating hours will not only benefit ALbert Frei and Sons but the residents in Garfield County as well. Thank you for considering this proposal on such short notice. Sincerely, Albert R. Frei President cc: Valley Farms Mr. & Mrs George Snook Mr. & Mrs William Lopez Mr. & Mrs. Leno Montover Mr, Leonard Davis Mr. & Mrs. Donald Lyons • • Eviroinept, Iqc. LARRY E. O' BRIAN PRESIDENT September 30, 1985 Mr. Mark Bean Garfield County Planning 109 8th Street Suite 303 Glenwood Springs, CO 81601 Dear Mr. Bean: Re: Albert Frei and Sons, Silt Pit Resolution No. 82-59 Operating Hours Modification 9989 WEST 80TH AVENUE ARVADA COLORADO 80004 303-423-7297 O C T Pyr 1985 IARF E..^ CO. F ANN3ER I have discussed your questions with Mr. Frei and he says that 90 to 95 % of future operation could be done between the hours of 6:00 A.M. to 6:00 P.M., Monday thru Saturday. The remaining 5 to 10% of the time it may be necessary to operate the mining and processing operatins and the asphalt and concrete batch plants after hours (6:OOam to 6:OOpm) . Modification of the definition of "operations" is in order at this time also. We would like to change the definitaion to read " operations include all mining and processing of rock and operation of the asphalt batch plant and the concrete batch plant." This change removes hauling of materials, ie. rock and products from the casting plant, from the hourly restrictions. The request to modify the operating hours for the plants and mining operations portion of the resolution is based on Mr. Frie's estimate of future needs for sand and gravel, concrete and asphalt through out the county. As you may remember Albert Frei and Sons supply rock to the operators of the asphalt and concrete batch plants. These plants move onto his site under the approved resolution that we are now trying to modify. Albert Frei and Sons dictate the type of operation according to the resolution and maintain the right to shut the plants down should they violate any of Mr. Frei's permits with the county or state. • 1 Albert Frei and Sons (2) September 30, 1985 The request to remove the hauling time restrictions is necessary should Albert Frei and Sons obtain a contract to supply material for projects like Glenwood Canyon or if they were to allow another company to cast concrete structures needed in the construction of the road in the canyon. You could see how a restriction on hauling hours could affect the decision during awarding of contracts for this project or any other that may need materials 24 hours a day. In summery; Albert Frei and Sons would like to operate the mining and processing portions of the operation from 6:00 A.M. to 6:00 P.M., Monday thru Saturday. The concrete batch and asphalt batch plants from 6:00 A.M. to 6:00 P.M., Monday thru Saturday with the possible exception being granted should a contract to supply these materials after normal hours be obtained. And finally to allow hauling rock and cast products 24 hours a day, Monday thru Saturday. Should the Board of County Commissioners need additional information please let me know. SincFrely, Stevan L. O'Brian Vice President Ei)viroI»1)CI)t, Iqc. LARRY E. 0' BRIAN PRESIDENT September 30, 1985 Mr. Mark Bean Garfield County Planning 109 8th Street Suite 303 Glenwood Springs, CO 81601 Dear Mr. Bean: Re: Albert Frei and Sons, Silt Pit Resolution No. 82-59 Operating Hours Modification 9989 WEST 60TH AVENUE ARVADA COLORADO 80004 303- 423- 7297 OCT 1985 ,Cj'i I have discussed your questions with Mr. Frei and he says that 90 to 95 % of future operation could be done between the hours of 6:00 A.M. to 6:00 P.M., Monday thru Saturday. The remaining 5 to 10% of the time it may be necessary to operate the mining and processing operatins and the asphalt and concrete batch plants after hours (6:O0am to 6:OOpm) . Modification of the definition of "operations" is in order at this time also. We would like to change the definitaion to read " operations include all mining and processing of rock and operation of the asphalt batch plant and the concrete batch plant." This change removes hauling of materials, ie. rock and products from the casting plant, from the hourly restrictions. The request to modify the operating hours for the plants and mining operations portion of the resolution is based on Mr. Frie's estimate of future needs for sand and gravel, concrete and asphalt through out the county. As you may remember Albert Frei and Sons supply rock to the operators of the asphalt and concrete batch plants. These plants move onto his site under the approved resolution that we are now trying to modify. Albert Frei and Sons dictate the type of operation according to the resolution and maintain the right to shut the plants down should they violate any of Mr. Frei's permits with the county or state. Albert Frei and Sons (2) September 30, 1985 The request to remove the hauling time restrictions is necessary should Albert Frei and Sons obtain a contract to supply material for projects like Glenwood Canyon or if they were to allow another company to cast concrete structures needed in the construction of the road in the canyon. You could see how a restriction on hauling hours could affect the decision during awarding of contracts for this project or any other that may need materials 24 hours a day. In summery; Albert Frei and Sons would like to operate the mining and processing portions of the operation from 6:00 A.M. to 6:00 P.M., Monday thru Saturday. The concrete batch and asphalt batch plants from 6:00 A.M. to 6:00 P.M., Monday thru Saturday with the possible exception being granted should a contract to supply these materials after normal hours be obtained. And finally to allow hauling rock and cast products 24 hours a day, Monday thru Saturday. Should the Board of County Commissioners need additional information please let me know. Sinc; rely, Stevan L. O'Brian Vice President • • Eirtirompei)t, Iqc. LARRY E. 0' BRIAN PRESIDENT September 20, 1985 Board of County Commissioners Garfield County 109 8th Street Suite 303 Glenwood Springs, CO 81601 Gentlemen: Re: Albert Frei and Sons, Silt Pit, Resolution No. 82-59 item 6 Operating Hours. 9989 WEST 60TH AVENUE ARVADA COLORADO 80004 303- 423- 7297 On behalf of our client Albert Frei and Sons we are requesting the following change be made in resolution No 82-59. In 1982 when this Special Use was granted Albert Frei and Sons, Inc. agreed to operating hours that were somewhat less that what they wanted. They did this to show Garfield County that they would operate this pit in a manner that would benefit the residents of the county. In the past year they have had to refrain from biding on jobs in Garfield County because they could not supply materials to these projects during their hours and days of operation. At the current time they are restricted to the hours of 7:00 A.M. to 5:00 P.M.; Monday thru Friday. After checking with other operators in Garfield County Albert Frei and Sons feel it is now time to request that they be granted the right to increase their operating hours. This request is to allow Albert Frei and Sons to have the same operating hour as their competitors. This would require modifying resolution number 82-59 by eliminating item 6. Thus removing the restrictions as to the operating hours. They feel this change in operating hours will not only benefit ALbert Frei and Sons but the residents in Garfield County as well. Thank you for your consideration. Please let us know if additional information is required. Sincerely, Stevan L. O'Brian Vice President F•CO Richard D. Lamm Governor • • DEPARTMENT OF NATURAL RESOURCES David H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON, Director April 3, 1985 Mr. Steve O'Brian Environment Inc. 9989 W 60th Ave. Arvada, Colorado 80004 Re: Albert Frei & Sons, Inc. (Silt Pit), Permit No. 81-202 ' APF 51985 GARFIELD CO. PLANNEt Dear Mr. O'Brian: We have reviewed your letter of March 11, 1985 as well as the approved permit. Your March llth letter was in response to our request for the submission of an amendment due to the apparent change in final land use for Stage L (ie.: change to floodplain). You now specify that rather than submit an amendment, this area should be left as is and see what happens in the next four years. Our concern for this site stems from a number of areas: 1. June 12, 1983 letter from Environment, Inc. specifies on page 2 that "The operator has an agreement with Garfield County to start reclamation in Stage L by September 30, 1983. The conveyor will be removed at that time. The approved seed mixtures and standards outlined in the original application will be used in reclaiming the area." 2. June 20, 1983 meeting between the Division and Environment, Inc. it was specified that this area will be reclaimed by September 30, 1983. There was a 4-6 year period specified but this was to allow for sufficient time to elapse to allow for revegetation success prior to requesting financial warranty release. 3. June 21, 1983 letter from Environment, Inc. specifies (B.l.) "The 4-6 years is the time we allow for revegetation to take. We do not expect it to take that long to accomplish the reclamation work but it may take that long for the vegetation cover to establish itself". It is our understanding that this Stage was reclaimed by the required deadline, however, the recent flooding has obliterated all reclamation work. As specified above, the 4-6 year period following reclamation was to allow for vegetation to express itself and allow for successful reclamation. Our recent inspection of the site verifies your contention that there are areas at this site with sediment deposition. However, there are a number of other areas totally void of soil with only cobble material present. Therefore, your belief that there is enough seed in the sediment to revegetate this area would only be applicable where sediment was actually deposited and not for the entire site. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 TeL (303) 866-3567 • • We believe the operator needs to remove the cut bank of the access road, topsoil the cobble deposition areas, and then reseed this area. (If the operator would want to mine out the cobble areas, the Division would not have any problem with the activity.) Our only other concern is how did the concrete slabs get strewn within the cobbles? If it is not possible to soil over the concrete to a sufficient depth, we believe the concrete slabs need to be removed. This activity should be done Spring 1985. If you have any questions about this letter, feel free to contact this office. Si rely, i 1 'Connor Peier V. Reclamation Specialist PVOC/ygt cc: Mr. Mark Bean Doc. No. 9057 lFs �+ .`Saa````PLRiori- COLORADO iVILON DEPARTMENT OF HEALTH Air Pollution Control Division 4210 East llth Avenue Denver, Colorado 80220 ISSUED TO: ELAM CONSTRUCTION COMPANY Permit No. C-11,768 Initial Approval 0 Final Approval OD • THE FACILITY TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: New asphaltic concrete plant located 24-1/4 and River Roads, Grand Junction, Mesa County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: (1) Cedarapids Model 6422 TMM Asphalt Plant; (1) Centrifugal Extractor; (1) Cedarapids Model 64 AV Venturi Scrubber and Associated Mist Eliminator. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR POLLUTION CONTROL COMMISSION AND THE COLORADO AIR POLLUTION CONTROL ACT (25-7- 101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. That the emission rate of particulate matter does not exceed 0.04 gr./dscf., nor 20% opacity. 2. That a minimum pressure differential of 13.3" W.G. as measured across the venturi throat be maintained at all times. 3. That a compliance test be conducted within a thirty -day period of startup according to methods and procedures approved by the Air Pollution Control Division. DATE ISSUED: September 29, 1978 By: _ APC -83 (REV. 2-78-10) Director RELOCATION IION SHEET FOR PORTABLE ASP BATCH PLANTS AND ROCK CRUSHING PLANTS (This sheet must be submitted for each new location prior to moving equipment to keep existing Permit to Operate Valid) 1. Name And Address of Business, Corp., Company, Individual Owner or Govt. Agency Elam CnnstrnrtiQf Inc. 1225 South 7th St. Grand Junction, Co. 81501 2. Plant Identification No. a) Asphalt Plant No. V-355 b) Rock Crushing Plant No. 3. Plant Location a) Present location: 24 1/4 Road Mesa County b) New location: 2 miles east of Silt. Co. Garfield County 4. Dates a) Start equipment construction in new location: 20 Jun 84 b) Complete construction and start operation: 21 Jun 84 c) Anticipated operation time (dates) From: 21 Jun 84 To: Aug 15, 84 5. Operating Time in New Location a) Hours/day 8 Days/wk 5 6. Aggregate Pit Information Silt Pit Albert Frei & Sons. Inc. a) Pit Name b) Pit Analysis - submit with this form. 7. Prooess Weight Information a) Aggregate flow rate 1) Through dryer (asphalt plt.) 2) Through Primary & Secondary Crushers (rock crushing plt.) Lbs/hr. b) Total Production this job 1) Asphalt 20.000 Tons 2) Aggregate Tons 200,000 Lbs/hr. 8. Control Equipment a) Cyclones (Mfg., Model No., Number) b) Scrubber (Mfg., Model No., Type) c) Baghouse (Mfg., Model No.) d) Spray Bar System (Mfg.) 9. Permit to Operate under which plant is presently operating Permit No. C-11,768 Expiration Date 10. Remarks FILING FEE $25.00 11. Signat % Tit %r APC -42 (.8x74-10) plying this information Harold F. Elam Secy-Treas. AIR POLLUTION CONTROL DIV. - COLO. DEPT. OF HEALTH 4210 E. llth Ave., Denver, Colo. (80220) Garfield County Commissioners Salida, Colorado i RECEIVED MAY 181984 GARFIELD COUNTY COMMISSIONERS �11j�13 W��;�i HIS C 1,1.t lf)—A lYI NOTICE OF CANCELLATION May 14 84 , 19 Bond No Principal Albert Frei & Sons TC -001537 On the30 day of June 19 83 CONTINENTAL SURETY AND FIDELITY INSURANCE COMPANY, As Surety, executed a(n) replacement guardla d in the enalty of forty two thousand and n0DOLLARs($ 42,000.00 ), on behalf °Albert Freip& Sons of Denver, Co. , as Prinicpal, in favor of Garfield County , as Obligee. The bond, by its terms, provides that the Surety may terminate its liability by giving notice of its election to do so to the Obligee. In accordance with the terms of the bond we hereby elect to terminate our liability and shall, as of the 30 consider ourselves released from all liability by reason of any default committed thereafter day of June , 1$4 by the Principal. Below is an Acknowledgement which we would appreciate your signing and returning. CONTINENTAL SURETY AND FIDELITY INSURANCE COMPANY by• -72 Please detach and return to: Continental Surety and Fidelity Insurance Company at the following address: P.O. Boxx3x 730 Littleton, Colo. 80160 Principal U -0U1537 Bond No Albert Frei & Sons ACKNOWLEDGEMENT Your notice of Cancellation has been received. We have arranged to cancel the bond effective the 19 Date: , 19 S-2 day of by• ALBERT FREI & SONS, INC. SAND AND GRAVEL s GENERAL OrFICES AND PLANT 11521 BRIGHTON ROAD • HENDERSON, COLORADO 80640 (303) 289-3316 SILT AGGREGATE DIVISION 1412 ROAD 311 • NEW CASTLE, COLORADO 81647 (303) 876-2397 August 10, 1963 Garfield County Dept. of Development 2014 Blake Avenue Glenwood Springs, CO. 61601 Mark Bean, Senior Planner Mr. Bean: A copy of your letter of July 26, 1963 has just crossedmy desk. I note that it is addressedto all gravel pits in this area. I wouldlike to bring youu.p to date on our efforts to keep our share of the fugitive dust in the valley to an absolute minimum. Since the spring rains have stopped., I have acquired two water trucks. One with a power spray system with a 5,000 gallon tank and a full time driver hauling and spraying as needed.. In reviewing our records, I find that in one day he has sprayed u.p to 60,000 gallons of water. In addition to this the main entrance roadway to our pit has been treated with an oil palliative. All crushing components have provisions for spray bars to be used as needed, but as we are crushing well below river level we have had plenty of water on the material. If I can be of any help or furnish, further information on our operations, please feel free to ask. Sincerely, RVK/aa and.y Kimball Western Division Manager III III GARFIELD COUNTY DEPARTMENT OF DEVELOPMENT PLANNING: 945-8212 / ENVIRONMENTAL HEALTH: 945-2339 / BUILDING: 945-8241 July 26, 1983 Albert Frei and Son, Inc. 11521 Brighton Road Henderson, CO 80640 Dear Mr. Frei: Please consider this letter to be notice that Garfield County has received complaints from landowners regarding fugitive dust from gravel pits in the area. Due to the number of complaints, the County is requesting that all gravel pit operators monitor their activities to ensure that there is no dust being generated by the operation. This may require additional watering of access roads and operation areas by yourself. At this point, this is an informal notice and we ask your cooperation in this matter. If you have any questions or concerns, please contact me at this office. MLB/lw 2014 BLAKE AVENUE Sincerely, 61/(1-44 Mark L. Bean Senior Planner GLENWOOD SPRINGS, COLORADO 81601 • O COLORADO DEPARTMENT OF HEALTH /876 • Air Pollution Control Division Telephone: (303) 320-4180 EMISSION PERMIT PERMIT NO. 83GA223P DATE ISSUED: JULY 1 , t983 ISSUED TO: PETER KI EWIT SONS' COMPANY INITIAL APPROVAL; FINAL APPROVAL 0 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable concrete batch plant to be initially located at the Albert Frei gravel pit near Silt, Colorado in Garfield County. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Ross (Model 35-4) portable concrete batch, plant w/associated silo and baghouse. Plant is rated at 100 tons concrete/hour. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. 1973 (25-7-101 et seq.), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Opacity of ions shall not exceed 20%. 2. This permit number shall be stenciled on the equipment for easy identi of concrete shall not exceed 10,000 yd.3. 3. Annual `product io 4. Emissions of particulate matter shall not exceed the following limita (as calculated in the Division's preliminary analysis): 2.0 lbs/hour and 0.1 tons/year. 1 GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 7 AND 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon construction, installation and operation in accordance with this information and with representations made by the applicant or its agents. 2. This permit is valid only for the equipment and operations specifically identified herein. 3. Each and every condition of 'this permit is a material part hereof and is not severable. Any challenge to, or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence this permit shall be deemed denied ab initio. 4. This permit may be revoked at any time prior to final approval by the Air Pollution Controt Division (APCD) on gedtm4 set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. 5. This permit must be retained and made available for inspection upon request at the location set forth, herein:' With respect to a portable source which is moved to a new I6cation, a copy of the revised Air Pollutant Emissions Notice (APEN) (required by law to be submitted to the.APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner as provided in Section 1II.B. of AQCC Regulation No. 3 upon transfer of ownership. 5. Initial approval of an emission permit does not provide "final' authority for operation of this source. Final approval of 'the permit must be secured from the APCD in writing in accordance with the provisions of G.R.S. 1973, Section 25-7-114(4)(j) and Section IV.H. of AQCC Regulation No. 3. Final approval cannot be granted until construction is completed and operation and construction have been verified by the APCD as conforming in all respects with the conditions of the initial approval permit. You MUST notify the APCD at !east thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of C.R.S. 1973, Section 25-7-114(4)(j) and Regulation No. 3., Section IV.H.1., and can result in the revocation of the initial approval perrnit. You MUST obtain final approval witrun.six months of the commencement of operation as that term is defined by. the AQCC; Failure to obtain final approval will result in the revocation of the. initial approval permit_ 9. If the APCD determines that the tern -is and conditions of the initial approval permit have been satisfied, the APCQxwill issue a final approval permit, which does constitute "final„ authority to operate as discussed in Paragraph 6 above. Violation of the terms of a:final approval permit or of the provisions of the Cotorado_Air uality Control -Act or the r ulations of the AQCC may result in administrative, civil: or iminal enforcernent actions under C.O.S. 1973, Sections 25-7-115 (enforcement), 25-7- 21 (injufrtetions}. 25-7-122 (civil penalties) and 25-1-1.14 (criminal penalties). 11. Unless specifically stated otherwise, the general and special conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of C.R.S. 1973, 25-7-114(4)(g) and, as such, shall be enforceable under the provisions of C.R.S 1973,25-7-115 after final approval of the permit has been granted. m c-) rn (71 CO AO b3dSNba1 rn Lin El m C) r- • m G ren 0 m � 1VAO8ddV 1VIlINI -n r a -v 0 0 'v m -n m rn .'a m 0 -4 M 0 a -n m jrn HOW A3NOW f WOad 03AI333d mtaQ < Z Ofir _ V - f- 5 OP 0 3% o rt o ---1 z op elk 0 0 0 N (D r tai N 0 a .46 C • (D H co O 00'0+1 $ 1NnOWV • rn D 3 m .•-1 Of t y AIR POLLUTION NTROL DIVISION - COLORADO DEPAf ENT OF HEALTH 4210 East 11t venue, Denver, Colorado 80220- e: 320-4180 APPLICATION FOR EMISSION PERMIT This application shall be filled out completely - see instructions on reverse side. 1. PERMIT TO BE ISSUED TO: Telephone No. ?77 3-7 8 O 2. MAILING ADDRESS (include ZIP Code o/'- A7 3. TYPE OF ORGANIZATION: Corporation Partnership Individual Owner .---.t Governmental Agency, 4 AGENT FOR SERVICE: Xe.Zt.474/.,. :1./4110 5. GENERAL NATURE OF BUSINESS: (Include SIC Code if known) /s.3 ."-4;'÷ Y•S , 6:)/ d `^y':.� , � � C',7 3 7//P i 0;A 6. AIR POLLUTION SOURCE:. Pursuant to Regulation No. 3 of the Colorado Air Quality Control Commission, application is hereby made for an Emission Permit for the following air pollution source (attach separate sheet where necessary); SOURCE LOCATION ADDRESS: (Include UTM Coordinates if'known) / COUNTY(IES): 8. ESTIMATED COST OF SOURCE OR MODIFICATIONS: Air Pollution Control Equipment '75D0•o0 Dayts Per .Yelar So rce Wi 11 beMpera ed 'Note: • • 1 i to on w i no �e cons dere c.a, • i r is li tyles• 9. STATUS (check and complete applicable items): a New Air Pollutant Control Equipment Added to Existing Activity Change Source Estimated Date Construction Will Begin: Being Source Process Equipment 37S f Estimated Date Construction Will Be Completed: 10. Check is enclosed to cover APEN FILING FEE: (See No. 10 on reverse side of this form) $40.00 PER APEN 11. ANTICIPATED START-UP DATE 7-5-83 12. DATE OF APPLICATION (,- 018-F3 13. SIGNATURE 9F LEGALLY AUTHORIZED PTON 14. Type or print name and official tt le of person signing this application. ' - 14/4/2 'c'=?gq�q '- Date Received 15. R MARKS: APCD 200C (REV. 6/82) Recorded at_ —_J Reception No`_.,3143 o'clock ,SUN 27 1983 M., ..— THIS DEED, Made this 13th day of June ,1983 , between SILT Aggregate, LTD I a Colorado Limited Partnership of the County of Garfield and state of Colorado, of the first part, and SILT Aggregate, LTD I a Colorado Limited Partnership whose legal address is 11521 Brighton Road, Henderson, Colorado 80640 of the County of Adams Colorado, of the second part, WITNESSETH, That the said part and state of Recorde` . OK 629 PAC[667 RECORDER'S STAMP JUN 22 71983 State Doc. Flea of the first part, for and in consideration of the sum of Ten (10) DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, haS remised, released, sold. conveyed and QUIT CLAIMED, and by these presents do remise, release, sell, convey and QUIT CLAIM unto the said part y of the second part, i tS heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said part of the first part haS in and to the following described lot or parcel of land situate, Tying and being in the County of Garfield and State of Colorado, to wit: See Legal description found on Exhibit A attached hereto and made a part hereof. also known as street and number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, j is heirs and assigns;forever. . IN WITNESS WHEREOF, The said part of the first part ha hereunto set hand and seal the day and year first above written. SILT Aggregate LTD I, a Colorado Limited Partnership _by nd _SEAL] Signed, Sealed and Delivered in the Presence of through its General Partner: [SEAL] By: Albert Frei & Sons, Inc. ss. ✓ a� County of Q The foregoing instrument was acknowledged before me this day ofSecretary 1983,by' Q u.n/ I . President and Secretary STATE OF COLORADO, [SEAL] By: /744 L ZJ'[SEAL] President My commission expires • ,19 . Witness my•hand and official seal. o : �. ink �? 1' My Commission expires epfembe�r/2 , 1986 : —1: ,r . :',-t • u Address ' •• - ': • 12221 Rriphtnn Rd • HpndprSnn, Cnln 80640 No. 933. ljt'ITCLAIM DEED. Br:,dfoid f uhlishing. 5811 W (lhAtr .J eliw.wl fle402214 — I W31$1 69011— 2 -IC2 Notary Public. EXHIBIT "A" BOOK 629 P„Ut6fS The following legal description is attached hereto and made a part hereof a certain quit claim deed between SILT Aggregate LTD.I, a Colorado limited partnership and SILT Aggregate LTD, I, a Colorado limited partnership dated June 23, 1983. With said legal description being as follows: An undivided portion of the SE 1/4 and NE 1/4 of Section 11, Township 6 South, Range 92 West of the 6th P.M. being more parti- cularly described as follows: Beginning at the EQ corner of Section 11 thence N 1°15'00” W 443.00 feet along the east line of SE 1/4 of said Section 11; thence S 89°2'00" W 1419'; thence S 3° 19'0" E 550.00'; thence S 68 58'g0" W 142.00'; thence N 6'11'00" W 200,00'; thence S 70 ?3'00" W' 338.00'; thence S 10'17'30" E 663.00'; thence S 51'30'00" E 315.00'; thence N 69°08'00" E 925.00'; thence N 35°23'00" E 400,00'; thence N 56°43'43" E 488.35 to the point of beginning containing 38.09 acres more or less, Said portion is all contained in a larger undivided tract of land situated in Lot 9 of Section 10 and Lots 6, 7, 8, and 9, the SZSW4, the N1/2NE4 and SW4SE4 of Section 11 and Lot 8 of Section 12, all in Township 6 South, Range 92 West of the 6th Principal Meridian, lying Southerly of the center of the Colorado River, Easterly of a fence, Northerly of centerline of the County Road and Westerly of the centerline of Divide Creek, all in Garfield County. • ALBERT FREI & SONS r,4I1 AND iDAYW[ El 400 HOLLY • HENOERSON. COLORADO • 80840 PHONE (303) 288-4104 June 27, 1983 Garfield County Planning Department 2014 Blake St. Glenwood Springs, Colorado 81610 Gentlemen: Re: Albert R. Frei and Sons, special use permit Enclosed are the Specific landscaping plan for our Silt operation and A copy of the SCS recommendation letter. The map attached to the plan shows the location of the planting site. If you have any questions please contact Larry E. O'Brian with Environment Inc. at (303) 423-7297. Sincerely, r4V, Albert R. Frei President Enclosures "SPECIFIC LANDSCAPING PLAN" This is not a plan for landscaping the entire area. It is supposed to be merely a screening of the operation (mining, processing and plants) from west bound I-70 traffic. It is not supposed to take the place of the reclamation plan as required by the Colorado Mined Land Reclamation Division. We chosen to use tree species that are fast growing to try to accomplish the screening desired in the shortest time. The Soil conservation Service recommended a number of different species that would be compatible on the site. We have chosen to plant Willow, spaced 10 feet apart, Narrow leaf cottonwood and Poplar, spaced 12 feet apart. The initial planting may be somewhat closer than the SCS recommendations so as to allow for loss of trees which will occur. The willow have been added to the plan to provide low level screening while the Poplar and Cottonwood will provide upper level screening. We expect to plant approximately 200 willow , 125 cottonwoods, and 125 poplar along a 1950 foot strip of the so called wildlife green belt. This is approximately 4.94 acres. The plan calls for the willow to be planted in a row that is closest to the river and in front of the poplar/cottonwood row we will plant the poplar/cottonwood row in such a manner so as to provide the most screening possible. See the attached map for the location of the plantings outlined in green. Also note that the Poplars were not on the SCS recommendation sheet but were added to provide a little variety to the plan. 4 United States nil Department of Wonservaticn Agriculture Service May 17, 1983 Albert Frei and Sons 11521 Brighton Road Henderson, Colorado 80640 Dear Sirs: P.O. Box 880 Glenwood Springs, lorado 81602 I was informed that you would like to plant shrubs to block the view of a gravel pit. If this is in the Rifle area and if the area can be irrigated until the plants are started, the following will work: Chok.cherry Willow Serviceberry Bitterbrush Oak Tall Rabbitbrush Mountain Mahogany Giant Sage These plants should be planted in a combination for aesthetic value. These should be planted approximately 10 feet apart. Trees common to this area include: Russian Olive Elm (Chinese or American) Narrow leaf Cottonwood Box Elder These should be planted approximately 12' apart. They will require water to get started. If I can be of further help, please contact me. Sincerely, Stanley Woodyard District Conservationist SW/te The Soil Conservation Service is an agency of the Department of Agriculture 1876 41 Richard 0 Lamm Governor Operator: Operation: Permit No: 1 DEPARTMENT OF NATURAL RESOURCES D. Monte Pascoe. Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON Director PERFORMANCE WARRANTY ALBERT FREI & SONS, INC, Silt Pit 81-202 KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 et sec. (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties) that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Albert Frei & Snnc, Tnr (the "Operator"), a Colorado corporation, has applied for a permit to conduct a mining operation known as Silt Pit (the "Operation") on certain lands in field County, Colorado. These lands are described in Exhibit A, attached hereto, ana are referred to herein as the "Affected Lands." WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Garfield County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Operator hereby promises the Board that it will comply with all applicable requirements of the Act with respect to the Affected Lands. 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 • • -2- The Operator further promises the Board, pursuant to 34-32-112(1)(d) of the Act, that it has the lawful authority to enter upon the Affected Lands to conduct mining operations, including, but not limited to, reclamation. The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Operator's obligation hereunder, which shall extend to the reclamation of all such lands disturbed. The obligation of the Operator hereunder is such that, if the Operator shall successfully comply with the requirements of the Act, applicable rules and regulations, and the permit, then the Board, upon a finding that the Operator has so complied, shall release this performance warranty, and the Operator from its obligation hereunder, to the extent that the Board determines that such compliance has been accomplished. The obligation of the Operator hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act, the Operator has attached hereto its financial warranty, which may be amended from time to time. The Operator agrees that it will maintain a financial warranty (or warranties) for the estimated costs of reclamation in good standing for the entire life of the permit. If the Board determines that the Operator is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Operator's financial warranty shall be subject to forfeiture. This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. Signed and dated this day of Albert Frei & Sons, Inc. Operator By ,'. c t. �._ /;l Albert R. Frei • -3- NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT STATE OF ) COUNTY OF ) ss. The foregoing instrument was acknowledged before me this .,day of by i as My Commission expires: APPROVED: State of Colorado Mined Land Reclamation Division Mined Land Reclamation Board Doc. No. 1856 (Rev. 3/83) of NOTARY PlalTiy-co nmission expires September 23, 1986 12221 Brighton Rd. • Henderson, Colo. 8064a ADDRESS ADDRESS ( < � C Date C, Director • - 4 - EXHIBIT A File Number: 81-202 Operation Name: Silt Pit Legal Description: Part of the SE/4NE/4, SW/4NE/4, SE/4NW/4, NE/4SW/4, NW/4SW/4, SW/4SW/4, SE/4SW/4, NE/4SE/4, NW/4SE/4, and SW/4SE/4 Section 11 and part of the NW/4SW/4 and SW/4NW/4 section 12, Township 6 South, Range 92 West, 6th P.M. Acreage: 164.46 acres +/- County: Garfield State: Cnlnradn /mt Doc. 1856 Richard D. Lamm Governor • DEPARTMENT OF NATURAL RESOURCES D. Monte Pascoe, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTON Director FINANCIAL WARRANTY CORPORATE SURETY Operator 'Albert Frei & Sons, Inc. Operation Silt Pit Permit No. 81-202 Bond No. T0001525 Warrantor CONTINENTAL SURETY AND FIDELITY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 1973, 34-32-101 et seq. (the "Act"), as amended, provides that no permit may be issued under the Act until the Mined Land Reclamation Board (the "Board") receives a financial warranty (or warranties) as described in the Act. WHEREAS, Albert Frei & Sons, Inc. (the Colorado corporation, has applied for a mining operation known as Silt Pit These lands are described in Exhibit A, attached hereto, herein as the "Affected Lands." WHEREAS, in the application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, in the application for the permit, the Operator has agreed with the Board to provide for reclamation of the Affected Lands that are now or may become subject to the permit, as required bylaw. CONTINENTAL SURETY AND FIDELITY WHEREAS, the Operator and INSURANCE COMPANY ("the Warrantor"), a corporation organized and existing under the laws of the State of Colorado and duly authorized to transact a bonding and surety business in the State of Colorado are hereby and firmly bound unto the State in the sum of THIRTY THOUSAND & NO/100 Dollars ($ 30,000.00---- ) for a period of time from June 21, , 19 83 to June 21, 19 84 for the payment of which sum, well and truly be made, we hereby bind ourselves and our personal representatives, successors and assigns, jointly and severally, firmly by these presents. "Operator"), a permit to conduct a (the "Operation"). and are referred to 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 -2- WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation of the Affected Lands are those amounts for the stated periods of time as set forth herein. Said amount may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator and the Warrantor, in accordance with the Act, has promised and hereby promises the Board that it will be responsible for all the estimated costs of reclamation with regard to the Affected Lands. WHEREAS, the Board has determined that this financial warranty by the Warrantor equals the estimated costs of reclamation, as approved by the Board, with regard to the Affected Lands. NOW THEREFORE, the Operator and the Warrantor are held hereby firmly unto the State of Colorado in the amount of those sums for those periods of time as set forth herein, until this financial warranty is amended or released in accordance with applicable law. The Board may, for good cause shown, increase or decrease the amount and duration of this financial warranty. The Operator shall have sixty (60) days after the date of notice of any such adjustment to increase the surety amount, but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional financial warranty or by an endorsement to this financial warranty. The Operator and the Warrantor shall notify the Board immediately of any event which may impair this financial warranty. If the Board receives such notice or otherwise has reason to believe that this financial warranty has been materially impaired, it may convene a hearing in accordance with the Act for the purpose of determining whether impairment has occurred. The obligation of the Operator and the Warrantor shall continue until the Board has released this financial warranty or has ordered it forfeited in accordance with applicable provisions of the Act. It is understood that periods of years may necessarily be required before determination can be made that reclamation of the Affected Lands has been satisfactorily completed. It is also recognized that, as reclamation is accomplished, the amount of this financial warranty may be reduced with the approval of the Board so that it reflects the then current estimated cost of the remaining reclamation of the Affected Lands. No revision, extension, or renewal of the permit or of the time allowed to complete reclamation shall diminish the Operator's or Warrantor's obligation under this financial warranty. No misrepresentation by the Operator which may have induced the Warrantor to execute this financial warranty shall be any defense to demand by the State under this agreement. In any single year during the life of the permit, the amount of the financial warranty shall not exceed the estimated cost of fully reclaiming all lands to be affected in said year, plus all lands affected in previous permit years and not yet fully reclaimed. Reclamation costs shall be computed with reference to current reclamation costs. • -3- The amount of this financial warranty is based upon estimates as to the cost of reclamation, and does not operate to liquidate, limit, enlarge or restrict the Operator's obligations to complete reclamation and to comply in all respects with the permit and with applicable laws and regulations governing reclamation, even though the actual cost thereof may substantially exceed the amount of this financial warranty. The Warrantor shall not be liable under this financial warranty for an arnount greater than the sum designated herein, unless increased by a later amendment to this financial warranty. This financial warranty shall be reviewed by the Board from time to time, and the Board may require an increase in the principal sum of this financial warranty (and a corresponding increase in the surety amount) to cover increases in the estimated costs of reclamation, but no such increase shall bind the Warrantor unless and until it shall have consented thereto in writing by the issuance of an additional financial warranty or by an endorsement to this financial warranty. The Warrantor reserves the right to cancel this financial warranty effective only upon an anniversary date, and only by giving written notice to that effect mailed by certified mail, at least ninety (90) days prior to such anniversary date, addressed to both the Operator at its address herein stated, and to the Board at the address herein stated. In the event of such cancellation, this financial warranty shall nevertheless remain in full force and effect as respects the reclamation of all areas disturbed prior to the effective date of such calcellation unless and until the Operator shall file a substitute financial warranty which: (1) assumes liability for all reclamation obligations which shall have arisen at any time while this financial warranty is in force; and (2) is accepted in writing by the Board. In the event of such cancellation, if the financial warranty is not fully released, the amount of the continuing financial warranty available for the reclamation of areas disturbed and unreclaimed at the date of cancellation shall be fixed by the Board at the amount it determines necessary to complete such reclamation (which amount may not exceed the sum designated herein) and the Board shall concurrently identify such areas in writing, and notify the Warrantor and the Operator thereof. Thereafter, the obligation of the Warrantor shall be limited to reclamation of the areas so identified. The consideration for the Warrantor's execution of this agreement is the promise of the Operator to pay the premiums, but failure by the Operator to pay such premiums shall not invalidate or diminish the Warrantor's ooligation hereunder. The Board may make demand upon the Warrantor for payment hereunder if the Board determines that reclamation which ought to have been performed by the Operator, or its successors or assigns, remains unperformed and if financial warranty forfeiture procedures required by law have been initiated. No other condition precedent need be fulfilled to entitle the State to receive the amount so demanded. However, if, upon completion of reclamation by the State, the amounts expended for reclamation shall be less than the amount received from the Warrantor, the excess shall be promptly refunded to the Warrantor. -4 - If demand is made upon the Warrantor for payment of an amount due to the 3oard hereunder, and if the Warrantor fails to make payment of such amount within ninety (90) days after the date of receipt of such demand, or if it should thereafter be determined, by agreement of the Warrantor of by final judgment of court, that the amount demanded was properly payable, the Warrantor agrees to pay to the Board, in addition to the amount demanded, interest at the prime rate in effect from time to time at The United Bank of Denver for the period commencing at the end of such ninety -day period and ending on the date of actual payment. If the Board shall notify the Warrantor that the Operator is in default and if the Board shall initiate any financial warranty forfeiture procedures required by law or regulation, the Warrantor may, in lieu of making payment to the Board of the amount due hereunder, cause the reclamation to be timely performed in accordance with all requirements of the Act and all applicable rules and regulations. In such event, when and if the reclamation has been timely performed to the satisfaction of the Board or Division, this financial warranty shall be released. If the reclamation shall not be so performed to the satisfaction of the Board or Division, this financial warranty shall remain in full force and effect. This financial warranty shall be subject to forfeiture whenever the Board determines that any one or more of the following circumstances exist: 1. A Cease and Desist Order entered pursuant to Section 34-32-124 of the Act has been violated, and the corrective action proposed in such order has not been completed, although ample time to have done so has elapsed; or 2. The Operator is in default under its performance warranty, and such default has not been cured, although written notice and ample time to cure such default has been given; or 3. The Operator and/or the Warrantor has failed to maintain its financial warranty in good standing as required by the Act; or 4. The Warrantor and/or Operator no longer has the financial ability to carry out its obligations in accordance with the Act. The description of lands herein is for convenience of reference only, and no error in such description, nor any revision of the permitted mining area, nor the disturbance by the Operator of lands outside of the permitted mining area shall alter or diminish the obligations of the Operator and/or Warrantor hereunder, which shall extend to the reclamation of all such lands disturbed. If this financial warranty applies to National Forest System lands, and if this financial warranty is accepted by the United States Forest Service ("U.S.F.S.") as the bond required under 36-C.F.R. 252.13, then, the Operator having requested that the Board and the U.S.F.S. accept this single financial warranty in lieu of the separate bonds which would otherwise be required by t • -5- applicable law, hereby agrees that, notwithstanding any other provision hereof, or of law, this financial warranty shall remain in full force and effect until U.S.F.S. has advised the Board by written notice that the Operator's obligations to U.S.F.S., for which this warranty is executed, have been satisfied and until its release has been approved by the Board. If this financial warranty applies to lands under the jurisdiction of the State Board of Land Commissioners ("Land Board"), and if this financial warranty, in whole or in part, is accepted by the Land Board as the bond required under its applicable law and procedures, then, the Operator having requested that the State accept this financial warranty in lieu of the separate bonds which would otherwise be required by the Colorado Mined Land Reclamation Board or Division and by the Land Board, hereby agrees that, notwithstanding any other provision hereof, or of law, this financial warranty shall remain in full force and effect until the Board is notified in writing by the Land Board that the Operator's obligations to the Land Board, for which this warranty is executed, have been satisfied and until its release is approved by the Board. If all or any part of the Affected Lands are under the jurisdiction of the Bureau of Land Management, United States Department of the Interior ("the BLM") and if, at the request of the Operator on this financial warranty, the BLM has, pursuant to 43 C.F.R.. 3809.1-9, accepted this financial warrenty in lieu of requiring a separate reclamation bond payable to the United States, then, notwithstanding any other provision of this financial warranty, or of law, the Operator and Warrantor hereby agree that this financial warranty shall not be released until the Board is advised in writing by -the BLM that the Operator's obligations to the BLM, for which this warranty is executed, have been satisfied and until its release is approved by the Board. This financial warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and asigns. Signed and dated this 21st day of June 1983. CONTINENTAL SURETY AND FIDELITY INSURANCE COMPANY Warrantor By Charles H. Fleck, Attorney -in -Fact Albert Frei & Sons, Inc. Operator By Albert R. Frei r • 1 -6- NOTARIZATION OF OPERATOR'S ACKNOWLEDGMENT STATE OF Colorado ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 2_ day 8 of June , 19 by as of Albert Frei & Sons, Inc. My commission expires: ADDRESS: NOTARY PUBLIC NOTARIZATION OF WARRANTOR'S ACKNOWLEDGMENT STATE Colorado ) ) ss. COUNTY OF Denver ) Subscribed and sworn to before me this 21st day of June 19 81 My commission expires: August 24, 1985 APPROVED: State of Colorado Mined Land Reclamation Division Mined Land Reclamation Board By NOTARY PUBLIC Janice R. Richards P. 0. Box 9364, Denver, Co. 80209 ADDRESS ADDRESS Director Date , 19— -7 - Exhibit A File Number: 81-202 Operation Name: Albert Frei & Sons. Inc. Legal Description:Part of the SE/4NE/4. SW/4NE/4. SE/4NW/4. NE/4SW/4, NW/4SW/4, SW/4SW/4. SE/4SW/4. NE/4SE/4. NW/4SE/4. and SW/4SF/4_ Sectinn 11 and part of the NW/4SW/4 and SW/4NW/4 Section 12. Township 6 South, RangP 92 WPct, 6th P M Acreage: 170.70 County: Garfield State: Colorado /mt Doc. No. 1626 (Rev. 3/83) ALBERT FRETA SONS INC. GENERAtOFFICESANOPLANT 11521 BRIGHTON ROAD • HENDERSON, COLORADO 80640 SAND AND GRAVEL (303) 289-3316 To The County Commissioners of Garfield County: SILT AGGREGATE DIVISION 1412 ROAD 311 • NEW CASTLE, COLORADO 81647 (303) 876-2397 May 23, 1983 Re: Specific Use Permit. If the specific use permit is granted, it is the intention of Albert Frei, as general partner of SILT Aggregate Ltd. I, to not directly operate the asphalt, concrete or concrete casting plants himself but rather to enter into an agreement with an operator or operators for the set up and operation of the plants. The written agreement with the operator will contain language similar to the following: Operator acknowledges that this operation is allowed and permitted pursuant to the terms of a specific use permit granted by the Garfield County Board of Commissioners. The permit granted is sub- ject to annual review by the Garfield County Planning Commission or the Board of Commissioners. The permit granted is also subject to continued compliance with Garfield County Zoning Regulations and Colorado Board of Health Regulations. Operator agrees that it will maintain and operate its plant and equipment in compliance with all Federal, State and local regulations or laws specifically including, but not limited to, compliance with all Federal, State and local noise and emission standards. Operator assumes all liability for noncompliance with same. In addition, Albert R. Frei or SILT Aggregate Ltd. I, reserves the right to terminate this agreement upon operators noncompliance after receipt of 30 days notice and operator's failure to correct the noncompliance with the 30 day period. Sincerely, ceilef/e4 12--2-Yee. Albert R. Frei IBAG HOUSE 1 s • PLANS AND SPECIFICATIONS, CASTING PLANT PLANT, ASPHALT CONCRETE A special use permit is requested in order to authorize the operator to locate an asphalt plant, concrete batch plant and casting plant on property owned by the operator. The property has been previously permitted by special use for sand and gravel extraction. The sites for the three plants are shown on Map Exhibit D. Figures 1, 2 and 3 show the equipment and a layout ut fors a at typical configuration of each plant. The plants, when shave slightly different equipment or slight variations of the arrangement of the components. But, by and large the typical plant has approximately the arrangement we have shown. The planter do not represent areas of additional disturbance. The sites are located on land that will eventually be excavated and reclaimed as part of the planned lake area. The operator does not expect to exceed the 40 -foot height limitation of the zoning category. The asphalt plant will occupy about 0.5+/- acres with an additional 0.90+/- acres for parking and turnaround. The total site is approximately 1.40+/- acres. about 0.2+/- acres with an The concrete batch plant will occupy additional 0.4+/- acres for parking and turnaround. The total site is approximately 0.6+/- acres•three concrete slabs that The casting plant, which is simply measure approximately 20 feet x 100 feet, assorted forms, and a crane, will occupy about 0.50+/- acres. An additional 4.50+/ - acres will be used for parking, turnaround and casting storage. The total site is approximately 5.0+/- acres. The total plant site area is approximately 7.0 +/- acres. FEED BINS A.C. TANK 1 I HEAT TANK 1 BURNER) I DRYER 200' ELEVATOR. 1 MIXER TOWER FIGURE 1 Typical Asphalt Plant Layout 1 CONTROL G HOUSE o AGGREGATE STORAGE 75' • CONCRETE STORAGE BATCH PLANT CONTROL HOUSE 110' FRESH WATER TANK FIGURE 2 Typical Concrete Batch Plant CRANE 100' 1 CASTING BED # 1 CASTING BED # 2 CASTING BED #. 3 FIGURE 3 Typical Casting Plant 2 ' 25' 2p,110' 25' 4 2?' • • IMPACT STATEMENT The information in this statement covers three types of plants that are, normally, by the nature of their basic material requirements, located at or very near sand and gravel operations. The three plants are: 1) an asphalt plant, 2) a concrete batch plant and 3) a casting plant. The plants are discussed in more detail in the plans and specifications_ section of this application. When appropriate, we discuss the plants individually, but when possible, we shall to them simply as "the plants". Reference is made to Garfield County Zoning Resolution, Sections 5.03.07 through 5.03.09. 5.03.07(1)(a) The asphalt and casting plants will not require the use of any water. The concrete plant will use minimal amounts of water in each batch prepared. The total amount of water to be used will be less than 2.5% of the rights owned by the operator. The plants will not pollute surface runoff, streamflow or ground water. (b) A permit from the Colorado Department of Health, Air Pollution Control Division is required to operate the asphalt plant and the concrete batch plant. The casting plant will not be a source of emissions, therefore, such a permit will not be required. It has been shown that modern asphalt and concrete plants can be and are operated in with the Air Pollution Control Division's standards. The operator expects to comply with these standards. The plants do not generate high noise levels or emit objectionable glare or vibrations. (c) No additional impact to existing animal habitat is anticipated. (2) Truck and automobile traffic from these plants will not cause hazards or nuisances affecting the remainder the county. Most of the vehicles from the site will use County Road 311 and cross the Silt Bridge to reach I-70 at the Silt Interchange. Less traffic will be generated by locating the plants at the source of the base material than would be the case if the plants are located off the site. All hauls of aggregate to the plants will be interior (on-site) movements not involving county or state road systems. In addition to traffic reduction, fuel consumption will be reduced and vehicle emissions will be minimized. (3) There are no immediate neighbors at the proposed location. The closest neighbor is the Montover property located approximately 1/3 mile to the southeast. There are nonresidential properties in closer proximity, such as Interstate 70 owned by the Colorado Highway Department, The Bureau of Reclamation pump station, and agricultural property owned by Valley Farms, Inc. These properties will not be affected by the plants. (4) The operator will supply additional information as requested by Garfield County. (5) The entire area is being operated under an approved Mined Land Reclamation Permit, No. 81-202. This permit, issued by the Colorado Mined Land Reclamation Board, requires the land to be reclaimed as lake and revegetated area. In order to complete the approved reclamation plan, it will be necessary to remove the plants so that the last stage of mining can be completed. If operations are halted for any reason prior to completion of the mine, the plants will be removed so that resoiling and revegetation can be carried out. The files of Garfield County contain a copy of MLR Permit No. 81-202. (6) Not applicable. 5.03.08 (1) Industrial Performance Standards The plants can be and will be operated within limits for sound generation set by this section. Vibration is not a factor of concern with this equipment. The operator will be in compliance with this section. Operators of asphalt and concrete batch plants are required to obtain an emission permit from the Colorado Department of Health. This permit should assure that the plants are in compliance with all federal, state and county air quality regulations. Casting plants are not a source of emissions and therefore do not require a Department of Health Permit. (4) Heat, glare, radiation and fume emission is not a concern with the paints. • • (5) Not applicable. (6) The plants do not discharge effluents and are therefore not potential water pollution hazards. 5.03.09 Uses Not Itemized This section does not appear to be one requiring action on the part of the applicant. •r 1 • 1 a, C., 1 / a, a o • ,A*S; • .._ 7 ` \ N +OR:1 / f •• 4• 4• . h i �1 , 1 •�, o4TCM. - (96- 5.0 • \ \ s= Sokti' Saler •1 • j• ti 6811:‘', \1 rr—I /,.i �� • fil L. e• \- .;I rrf f (?,,,„_/ f' er : ;--1 . -k qi\ tl 2 /' \ j I WAR( ' -� \ i j . rC tI, No •• 1 • • • • VALLEY. M �/ -1"7 /, . 'i • ▪ \ t s. sem` �1�oEN� es I • n 16.• f:�? 'A • ,• ir • --`yam.✓J ./ Is \4._ ='SSs3 :\ II '1 N r ,r .� , 'l' 14 h lu p Y N 1 ,j N I N 1 Wclble Pea{ • • i 5600 • s•: P••4 — •.4I r, N 9 rt *4a S w• • • • • N v 12 EXHIBIT A VICINITY !'IAP scat F 1 = ?nnn' 1 1 (1) 1 Z T EXHIBIT B ASSESSOR'S nAP 0 0 1. • J 0 0 0 0 0 0 0 0 0 EXHIBIT C PROPERTY OWNERS WITHIN 200 FEET OF SUBJECT PROPERTY LINES Valley Farms, Inc U.S. Bureau of Reclamation Garfield County Lee A. & Deloris M. Smith Leno B. & Shirley Montover Colorado Highway Department San -O -Let, Inc. P.O. Box 248, Silt, CO. 81652 (No address of record in files of Garfield County Assessor.) Glenwood Springs, Co 81601 Box 44, Silt CO. 81652 1914 Co.Rd. 311, New Castle 81647 4201 E. Arkansas, Demver, CO 80222 P.O. Box 16264, Denver, CO 80210 TOWNofSIPI P.O. Box 174 Silt, Colorado 81652 303 876-2353 Mark Bean, Planner Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 May 10, 1983 Dear Mark: Historically, Silt has opposed the majority of industrial uses outside its corporate limits yet within its area of influence. And wishes to go on record as opposing this request. The Asphalt Paving Co. was denied gravel pit operation approval by the County Commissioners in May of 1982. Silt officials are hoping all pursuant will be consistent. If my chronology is correct, prior to A.P.C.'s request denial, Corn Construction was granted approval for a gravel pit. They also signed an agreement with the Town of Silt (see enclosed letter) which neither they nor Frei and Son's have honored to this date. The Town's water plant operator has serious concerns about the effect of on site pollution run off into the river, such as petroleum or gas production, as a result of summer rains. Further, citizens of Silt and nerghboitng communities Imre appalled at the lack of pollution monitoring the Frei operation received during its; 30 -day permit last summer. Obnoxious black smoke belched daily during plant operations. Once again Silt appreciates the opportunity to provide input. Sincerely, eeVe6tai Michael E. Wikoff, Planner cc: Mayor Administrator aFORN CONSTRUCTIONICO. P. O. 00s 1240 (303)434.7301 OFFICE & YARD 3199 0 ROAD Grand Junction, Colorado 81502 May 28, 1982 Mr. Dave Wietzel Town Manager TOWN OF SILT P. 0. Box 174 Silt, CO 81652 Dear Mr. Wietzel: Regarding the obligation of Corn Construction Co. to provide front-end funds in an amount not to exceed $9,000.00 for a traffic study, we want to propose the following method for recovering a portion of our costs not to exceed $6,500.00. It is our understanding that the Town will require others planning to develop new ground near the I-70 Interchange to pay an amount to be determined by the Town toward the study. It is further our understanding that the Town will refund any amount collected from other developers to Corn Construction Co. up to the agreed limit of $6,500.00. Further, it is our understanding that Corn Construction Co. will not become liable to pay any moneys toward the traffic study until all necessary permits for the Peterson Pit have been acquired. If the items outlined in this letter meet with the approval of the Town of Silt, please sign in the appropriate place, and return a copy to our office. If you have any questions or comments concerning this matter, please feel free to contact me. APPROVED: TOWN OF SILT <_- ' ` By—GEORGE - -TEM DMK/bg Sincerely, CORN CONSTRUCTION CO. 6-17-82 Date AN EQUAL OPPORTUNITY EMPLOYER Vice President • Garfield County Planning and Zoning Commission Dear Members of the Commission: .Lhs6i7t /c' MAAY 1 :L M3 We protest the approval of an Asphalt Plant on the Albert Fri property located south of Silt for the following reasons: 1) Corn Construction, on the north side of the Colorado River, has already obtained an asphalt plant permit. 2) The resultant odor and particulant contamination of the air is more than this rural residential community should have to bear. When a temporary asphalt plant was in operation on the subject property the odor emitted was of a level to be considered more than a nuisance. 3) The resulting truck traffic imposed by the concrete, asphalt and casting plants operation would burden even further an already dangerous and inadequate road. 4) The addition of this traffic would increase again the level of dust in the air which is already at an undesi- rable level. We sincerely appreciate your consideration of the above items in making your final recommendations on this permit appli- cation. G. E. Bernhardt Carolyn Bernhardt • May 18, 1983 Mr. Flaven Cerise County Commissioner's Office Box 640 Glenwood Springs, Colorado 81602 Dear Mr. Cerise, 45eki/ Y4 '7-7TVED MAY 2 01933 tiLD >Guiir� +;`��siGPJEgS I live on the Colorado River in Silt and I am opposed to the request of a special use permit from Frei & Sons to operate an asphalt batch plant, concrete plant and cast plant. I was very active in the procedure last year for the denial of Asphalt Paving Co's pit and asphalt batch plant. And I appreciate that you listened to us on that issue. I have many concerns about the Frei & Son request: 1. Frei operated an asphalt plant on a 10 day contract last summer which was unbearable to live with- terrible noise, smell. 2. The reasons you gave last year for Asphalt Paving's denial which still apply: A. Cumulative impact to area(create by noise, dust, traffic, etc.) B. Incompatability with area which still remains basically rural & agricultural C. Oppostion from Town of Silt & residents of the county Corn Contruction already has an existing permit for gravel and an asphalt batch plant right across the river. This means it is conceivable that in the near future two asphalt batch plants would be operating at the same time within z mile of each other. Please consider the impact of this. I have all the same concerns and more since last year; and the situation on the river has not changed. I feel the reasons I mentioned apply to Frei & Sons and I appreciate you taken these into consideration when you make your decision on Monday. Please, we don't need two asphalt batch plants on the river and near our homes. Y 3 . Thank you. Sin erely,, Susan Throm 0361 Road 311 Silt, Colorado 81652 i 1 ,�,s�(i/,74 CONSULTING ENGINEERS INTERNATIONAL ENGINEERING COMPANY, INC. A MORRISON-KNUOSEN COMPANY MIDWEST DISTRICT OFFICE 2425 S. COLORADO BLVD./DENVER, COLORADO 80222 PHONE (303) 757-8586 CADE L. BENSON, P.E. CHIEF ENGINEER Albert Frei & Sons 1412 Road 311 New Castle, CO 81647 Gentlemen: B -TR -3-265 May 20, 1983 Enclosed you will find some suggested alterations to Garfield County Bridge No. GAR 311-12.54 that will enable the bridge to carry Colorado State legal truck loads without restrictions. Added material to strengthen the girders should be A-36 steel. All preparation and welding should be done in accor- dance with the Colorado Department of Highways Standard Specifications for Road and Bridge Construction, latest edition, Section 509.24. Painting of the added steel and welds is recommended hut should be per instructions from Leonard Bowiby. As we discussed, the bridge could he approved for loads up to the state legal limits on an interim basis if truck speeds on the bridge are limited to no more than 15 miles per hour. This procedure must be approved by Mr. Bowiby, and some means of assurance that speed limits not be exceeded should be worked out. By copy of this letter, I am informing Mr. Bowiby of the two methods that can be used to allow loads up to the legal limit. Please obtain his approval before proceeding with either suggestion. Yours very truly, CLB :ew Enclosure: a/s cc: Mr. Leonard Bowiby Ea INTERNATIONANGINEERING COMPANY, INC. Project 6Al2FlEL.D COUNTY Contract No. File No Feature 8 R1D6E GAR 3 // — /2 -5-* Designed MRM Date 57A183 Item Checked Date Sheet TNV EST !GATE /NCR EA SI NO THE CAPACITY OF THE BRIDGE ENOIJ6H THAT LOAD LIMITS ARE NOT /MPOSED, CURRENT INFORMATroN 2 SPAN CON7INUbtJS BRIDGE PLANK RATES ADEQUATE STRANGE= g 5 RATE A DEc uATE GIRDERS ARE DEFICIENT 6 GIRDERS bf = 8 YS" d = 23 3/4 „ 9J1G /i/o + 8 rr 2�F8 A = /0.0 1Ma 1=1820 1141. 5 = /s3 1N3 1RDER SPAC/N6 = 53-z- = 4f. SFS► FT DEAD LOAD UNIFORM BRIDGE PLANK = 6.2 psf f%f6 = 27-65 x/FT 3 ASPHALT =CZ -/ 2�'`L) 194pcf ' FT = 2,4.08 %/FT kF68 GIRDER__ = 68 4/F7 WDL = 310 *t /FT CONCENTRATED : /2 1--1 30 DIAPHRAGM = 30 "/Fr r41- 6 FT /33.$ Ai 8 t..F ZO STR/N6E 2 = 2O */FTX /a r7 = ZQO LIVE LOAD D.F. = S O P IOTN PT. — ,339- x - := c: _ /.1lS WHEEL r-1ME5/G/R,DE(a. 0.56 LANES /GIkDEZ Eo INTERNATION•NGINEERING COMPANY, INC. • Sheet Z Project GiARFIE Lb COUNTY Contract No File No. Feature BR1Das GAR 3/1 _12. L Designed MRM Date 5/'7/BE Item Checked Date ?HE MAIN c IkDERS CONTROL THE RATAN G. THE BARS 1/ ptTPUT SHOWS THAT POSITIVE BENDING AND NEGATIVE BENDING Co/JTROL. "THE ANSWER. SEEMS TO BE TO INCREASE THE SECT/OAJ MODULUS OF THE G/BOERS IN THE AREAS OF MAXIMUM POSITIVE AND NEGATIVE BENDING, REQUIRED W/IEN A GIRDER HAS A VARIABLE AREA MOMENT OF INERTIA THE DEAD LOAD AND LAVE LOAD MOMENTS ARE SHIFTED SLIGHTLY. SOME CALCULAT/DAIS Nor SHOWN HERE SHOLU THAT 7H/5 AFFECT 15 SMALL AND toILi. NOT BE ANALYSED HERE. THE /frIPRovED GIRDER CAPACITY W I LL BE DESIGNED roe /1 20 -'4 OPERATING RATi/JG Ta EQUAL 36 TOMS. THE 3 COLORADO TRUCKS WILL BE ASSUMED TO NOT BE DEFICIENT. RATIN(, CAP M CAP '- MDL x 3/, Toms NI Lk- +r MvL MLt. +r } IDENT X31112 01 FRAME DESCRIPTION JOINT END IP FRAME SYSTEM LINE MEM N0. tOND N0. NO LT AT .LT RT DIR SPAN 1 1 2 2 2 3 SUPPORT heet' 3 CARRY OVER PAGE 1 OR DEAD LOAD I SINGE E UNIFORM SEC X LT FACTORS RECALL PT LT RT MEM G 49.7 100.00 0.0 0. 0.310 0. 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0. 0.0 0. 0.0 0.0 0.0 0.0 01R IDENT X31112 01 FRAME DIAGNOSTICS FRAME SYSTEM 1111111111111 PAGE 2 NO ERRORS FOUND FRAME PROPERTIES MEM JT JT NO LT RT END CCND LT RT DIR SPAN SUPPORT OR I HINGE E CARRY OVER FACTORS LT RT DISTRI3UTI0N FACTORS LT RT 1 1 2 P 6 49.7 100.00 0.0 G 49.7 100.00 0.0 750. 750. 0.500 0.0 0.0 0.500 0.0 0.500 0.500 0.0 ,t IDENT X31112 01 LOAD DATA TRIAL 0 LDAD FRAME SYSTEM 1111111111111 FIXED END MOMENTS PAGE 3 ■ LINE MEM 1 1 M OR P CODE 0.334 P 0.334 P 1 0.3,4 1 0.334 2 0.334 P F P 2 0.334 2 0.334 2 0.334 P P A 9.9 19.8 29.5 39.7 10.0 19.9 29.9 39.8 8 0.0 0.0 LEFT 0. 0. RIGHT DEFLT 0. D. COMMENTS 0.0 0.0 0.0 0. 0. 0. 0. 0. 0. 0.0 0.0 0.0 0. 0. 0. 0. 0. 0. FIXED ENO MOMENTS TRIAL 0 MEM FIXED END MOMENTS NO LT RT MEM FIXED END MOMENTS NO LT RT MEM FIXED END MOMENTS NO LT PT 1 0. -106. 2 -106. 0. • IDENT X31112 01 HORIZONTAL REESER MOMENTS FRAME SYSTEM *** SIDESMAY NOT CONSIDERED. *** TRIAL 0 ' 1111111111111 PAGE I MEM NO LEFT .1 PT .2 PT .3 PT .4 PT .5 PT .6 PT .7 PT .B PT .9 PT RIGHT 1 0. 27. 47. 57. 40. 53. 38. 15. 2 -106. -57. -17. 15. 38. 53. 60. 57. -17. 47. -5'. 27. -106. 0. YARNING - MEMBER DEPTHS MERE NOT USED FOR ALL MEMBERS SO STRESSES WERE NOT CALC. HORIZONTAL MEN:3ER SHEARS TRIAL 0 MEM NO LEFT .1 PT .2 PT .3 PT .4 PT .5 PT .6 PT .7 PT .8 PT .9 PT RIGHT 1 6.2 4.7 2.8 1.3 -0.6 -2.1 -4.0 -5.5 -7.4 -9.0 -10.5 2 10.5 9.0 7.4 5.5 4.0 2.1 0.6 -1.3 -2.8 -4.7 -6.2 IDENT X31112 01 FRAME SYSTEM TRIAL 0 • \\\\\\\\\\\\\ PAGE 5 Sheer.* `f TANGENTIAL ROTATIONS - RADIANS - CLOCKWISE POSITIVE SPAN LT. END RT. END SPAN LT. END RT. END SPAN LT. END RT. END 1 0.000081 -0.000000 2 0.0)0000 -0.000081 HORIZONTAL M!M3ER DEFLECTIONS IN FEET AT 1/ 4 POINTS FROM LEFT END - DOWNWARD POSITIVE MEM3ER 1 E= 750. 0.0 0.001 0.001 0.000 0.0 M_M3ER 2 E= 753. 0.0 0.000 0.001 0.001 0.0 IDENT X31112 01 FRAME SYSTEM • \\\\\\\\\\\\\ PAGE 6 LIVE LOAD DIAGNOSTICS NO ERRORS FOUND SUPERSTRUCTURE LIVE LOAD NUMBER OF LIVE LOAD LANES RESISTING MONENT OF PLOT PLOT INFLU- LINE REM SUPERSTRUCTURE SU3STRUCTURE UNIT STEEL M & S SCALE =_NCE NO. NO. LT.END RT.END LT.END RT.END POSITIVE NEGATIVE ENV. LINES P13 1 0.0 0.0 0.0 0.0 0. 0. 0 0 NO NO 2 0.0 0.0 0.0 0.0 0. 0. LIVE TRJCK LANE N0. LIVE LIVE LOAD P1 01 P2 D2 P3 UNIFORM MOM. SHEAR LL LOAD N0. 40. RIDER RIDER IMPACT LNS. SIDESWAY COMMENTS 1. E.0 14.0 32.0 14.0 32.0 0.640 18.0 26.0 YES 0.56 NO IDENT X31112 01 FRAME SYSTEM \\\\\\\\\\\\\ PAGE 7 LL NO. 1. NEGATIVE LIVE LOAD MOMENT ENVELOPE AND ASSOCIATED SHEARS MEM LEFT .1 PT .2 PT .3 PT .4 PT .5 PT .6 PT .7 PT .8 PT .9 PT RIGHT P40 1 J. -21. -42. -63. -84. -105. -126. -147. -169. -190. -266. SHEAR 0.3 -4.2 -4.2 -4.2 -4.2 -4.2 -4.2 -4.2 -4.2 -4.2 -24.6 2 -266. -190. -169. -147. -126. -105. -84. -63. -42. -21. 0. SHEAR 24.6 4.2 4.2 4.2 4.2 4.2 4.2 4.2 4.2 4.2 0.0 IDENT X31112 01 FRAME SYSTEM \\\\\\\\\\\\\ PAGE 8 LL NO. 1. DEAD LOAD PLUS NEGATIVE LIVE LOAD MOMENT ENVELOPE MEM L!FT .1 PT .2 PT .3 PT .4 PT .5 PT .6 PT .7 PT .8 PT .9 PT RIGHT 10 1 0. 6. 5. -6. -25. -53. -88. -133. -185. -247. -372. 2 -372. -247. -185. -133. -88. -53. -25. -6. 5. 6. 0. IDENT X31112 01 FRAME SYSTEM \\\\\\\\\\\\\ LL NO. 1. POSITIVE LIVE LOAD MOMENT ENVELOPE AND ASSOCIATED SHEARS PAGE 9 MEM LEFT .1 PT .2 PT .3 PT .4 PT .5 PT .6 PT .7 PT .8 PT .9 PT RIGHT NO 1 0. 169. 279. 335. 357. 348. 313. 249. 150. 40. 0. SHEAR 0.0 34.0 28.1 22.5 16.3 -19.1 -24.6 -30.8 -35.9 -15.4 0.0 2 0. 40. 150. 249. 318. 348. 357. 335. 279. 169. . O. aHEAR 0.0 15.4 35.9 30.8 24.6 19.1 -16.3 -22.5 -28.1 -34.0 0.0 SL,«r 'IDEENT' X31112 31 LL NO. 1. 0 FRAME SYSTEM 0\\\\\\\\\\ DEAD LOAD PLUS PCSITIVE LIVE LOAD MOMENT ENVELOPE PAGE 10 MEM LEFT .1 PT .2 PT .3 PT .4 PT .5 PT .6 PT .7 PT .8 PT .9 PT RIGHT MO 1 0. 176. 326. 392. 417. 401. 355. 263. 133. -17. -106. 2 -106. -17. 133. 263. 356. 401. 417. 392. 326. 196. 0. IDENT X31112 01 LL NO. 1. MEMBER 1 LEFT POS. V 40.1 MOMENT 0.0 VEG. V -4.2 MOMENT 0.0 RANGE 44.3 .1 PT 34.0 163.7 -4.2 -21.1 33.2 FRAME SYSTEM \\\\\\\\\\\\\ LIVEE LOAD SHEAR ENVELOPES AND ASSOCIATED MOMENTS .2 P7 29.1 278.8 -6.6 137.5 34.7 .3 PT 22.5 334.3 - 9.6 253.8 32.1 .4 PT 17.2 342.7 -14.6 304.4 31.8 . 5 PT 12.5 310.1 -19.9 328.0 32.4 . 6 PT 8.2 245.7 - 25.3 308.3 33.5 .7 PT 4.6 77.1 -30.8 248.6 35.4 . 8 PT 2.7 39.1 - 35.9 150.0 38.6 .9 PT 1.1 11.0 -40.6 21.8 41.7 PAGE 11 RIGHT 0. 0.0 - 44. -124.9 44.6 LL NJ. 1. - LIVE LOAD SHEAR ENVELOPES AND ASSOCIATED MOMENTS MEMBER 2 LEFT .1 PT .2 P7 .3 PT .4 PT .5 PT .6 PT .7 PT .8 PT .9 PT PIGHT ?OS. V 44.5 40.5 35.9 70.8 25.3 19.9 14.6 9.6 6.6 4.2 4. MOMENT -124.9 21.3 150.0 248.6 308.3 328.0 304.4 250.8 187.5 -21.1 0.0 NES. V 0.0 -1.1 -2.7 -4.6 -8.2 -12.5 -17.2 -22.5 -28.1 -34.0 -40. ICIEST 0.0 50.3 106.1 160.2 245.7 310.1 342.7 334.8 278.8 168.7 0.0 RANGE 44.6 41.7 38.6 35.4 33.5 32.4 31.8 32.1 34.7 33.2 44.3 IDENT X31112 01 LL NO. 1. '"EMBER 1 LEFT ?OS. V 46.3 NEG. V 2.0 .1 PT 38.7 0.5 FRAME SYSTEM \\\\\\\\\\\\\ DEAD LOAD PLUS LIVE LOAD SHEAR ENVELOPE .2 °T 30.9 -3.8 .3 PT 23.7 - 8.3 . 4 PT 16.7 -15.1 . 5 PT 10.4 -22.0 . 5 PT 4.2 - 29.3 .7 PT -0.9 - 36.3 .3 PT -4.7 -43.3 .9 PT -7.8 - 49.5 PAGE 12 RIGHT -10.`. - 55.' LL NO. 1. DEAD LOAD PLUS LIVE LOAD SHEAR ENVELOPE MEMBER 2 POS. V NEG. V LEFT 55.1 13.5 .1 PT 49.5 7.8 .2 PT 43.3 4.7 .3 PT 36.3 0.9 . 4 PT 29.3 -4.2 . 5 PT 22.0 -10.4 .6 PT 15.1 - 16.7 .7 PT 8.3 - 23.7 . 8 PT 3.8 - 30.9 .9 PT -0.5 - 38.7 RIGHT -2.( - 46.- IDENT X31112 01 FRAME SYSTEM \\\\\\\\\\\\\ PAGE 13 LL NO. 1. LIVE LOAD SUPPORT RESULTS MAX. AXIAL LOAD MAX. LONGITUDINAL MOMENT AXIAL MOMENT AXIAL MOMENT ------ LOAD TOP 807. LOAD TOP 80T. SUPPORT JT. 1 POSITIVE NEGATIVE 40.1 0. 0. 0.0 0. 0. -4.2 0. 0. 0.0 0. 0. SUPPORT JT. 2 POSITIVE 49.4 0. 0. 0.0 0. 0. NEGATIVE SUPPORT JT. 3 0.0 0. 0. 0.0 0. 0. POSITIVE 40.1 0. 0. 0.0 0. 0. NEGATIVE -4.2 0. 0. 0.0 0. 0. THE RATIO OF SUBSTRUCTURE / SUPERSTRUCTURE LOADING IS 1.000 ATCH TOTALS 6 FRAME 'UNITS 2 L.L. UNITS 0 PLOT UNITS 0 PRESTRESS UNITS COST= $ -6.40 (Eo INTERNATIONAL ENGINEERING COMPANY, INC. Project A R F,ELA COUNTY Contract No. File No Feature Q2M 1cGE GAR 3/1- 12.54 Designed MRDate Sheet 6 Item Checked Date 1 -5 PA NI LOC/VT IOW C�F'ERg71N6 M CAPACITY M DL (FT- K. C -FRAME PAGE 4 A^ NEG "► tL+I (FT- .) C- FRAME PA6E 7 M AA NEG Di � /V' L��r (PT -K) C- FRAME PAGE S M POS �L+r (FT- �t C- FRAME PAGE 9 .^ Po bL+ 014 A.�. FT -K C-- PAM. PAGE ,0 /.0 312. D 0 0 0 0 /. l 312-41- 27 -2.1 6, 16,9 19(0 /.2, 3 12-171 4.7 -42. 5 a 79 324 /.3 3)2.4 57 (BARS = 59.4 -63 —81-f (BARS ::-e3-5) -4 335 392 /.4f 3)Z4-40 -25 357 BARS 1355.) 'x-17 /, 5- 312. 53 -/05 - 5,3 -88 34-8 3/S Af0/ 35(0 243 1. 6 3/2.5/ 38 -1240 /.7 3/2.4 /5 - 1q-7 -- 133 24-9 /, 8 3/2.5 -17 - lo -)85 150 / 3.3 /.9 312.5 -57 -190 - 21-7 `f0 - 17 L'. d 31 Z. 1.-. / —lC�(o \ / --a66, � ' 372 D /`a�t2s =a� - /o � BARS= 04.7) (?5AKs - cry, SYMMETRICAL Project Feature BRIDGE 6AR-2►1 - i2,5y� Item INTERNATIONAL ENGINEERING COMPANY, INC. 6ARr1ELD Couh1TY Sheet Contract No. File No Designed MRM Date 5 - Checked Date Aci, 7s &1--k) 1 410 INTERNATIONAL -ENGINEERING COMPANY, INC. Sheet 8 Project GAR.FIELI) COOMTY Contract No File No Feature BRIDGE GAR 3 I/ — /0.-5-9 Designed MRM Date 5 - Item Checked Date ALLOwA$LE STRESSES H 5 20 - ¥ OPERATING Q" = 2LF) 50o PSi THIS At-1.owgeLE STRESS IS FDR TEN 14"4IN EXTREME FIBER OF RaL�ED 5ECTION5 SUBJECT TO 8ENDINC , SINCE IT IS STANDAR-D PRACTICE AMONG BRID6E5 RATED FOR. COL°RAD° I3RID6E /NsPECTION5 TO NOT REDUCE THE ALLOW ABLE STRESS Fok COMPRESS IOIJ IN EXTREME FIBER PU E TO UNSUPPORTED LENGTH TWE ALLoWIIBLE TP. ESS ►.J tL.L. ALSO BE Z4)500 PSI . BOTH TENSION AND COMP RES510,4 NEEDS To BE CPECKE.D � AND 51NCE TNEY BOTH HAVE THE 5AME ALLOIJABLE STRESS) THE M05T EFFICIENT SECTION WILL. HAVE A BOTTOM AND TOP SECTION MODULUS EQUAL. CURRENT INFO $ = X53 1M3 M CAP. = Cr S = REVISED INFO sd To? TO P r. y Bo -r y TOP 2*. S) Ps l (/53 IN! 312.* 12000 TENS 101.1 FOR PO51TNE MOMEIJT COM PRESS IOW FOR NEGATIVE MOMENT COMORE 551ow FOR. POSITIVE MOMENT .ii- YENSION FoR NE6AT1VE MOMENT INTERNATIONARGINEERING COMPANY, INC. Sheet Project OARFIELD COUNTY Contract No. File No Feature BRIDGE E, A R 3 /I — /2..”4 Designed Irl RM Date Item Checked Date 9 83 EXTERIOR GIRDE2S r/ X2 X3 X, _ i _ 53.5" DECK W IDT/1 = 244 ii RESTRICTED ++JIDTN = 23 tic GIRDER SPACING = 5 AT ¥ 52 r� X = 2-4/2"- 5�SZ') = 11.25,E X2 2 24 t 2 /1.25 rr I*, 75 " X 3 = 53. 5 -- 14-.75 = 38.75 .E LIVE LOAD DISTRIBUTJON FACTOR - 3 _ • 72y. WHEEL LINES 53.5 G IRDEQ • •. WITH L.L,D.F. = I./2 AA P05 "1 r_L+z M NEG L.L. 357FT- 0.7a1) 1.12. - 24e FT -K (o7z 4/ 1.12 POS M Ll+T = 357 FT -4 MNEG ��+1 40. 2660 FT -K. (1.q- SPAN) (Z .0 SPA/J) 23/ FT -K (1.4 SPAN) /72 Fr -►c (2.0 SPAIJ) DEAD 1-0AD WIDTH FOR EXTERIOR 61 RDER = JI.ZSt i (53.5) = 38" WIDTH FOR- INTERIOR GIRDER = 53,5' —• Mpg CI �\ _ CO FT -,e_ M Di..(2.0)='/06 -k (1.9- SPAM, 106 K (2.0 sPAM) 'M DL = 40 F'T-►c C38 5 5 , = 1+3 FT- lc 38" s3. 5.,� = 75 Fr -IL QED INTERNATIONAL ENGINEERING COMPANY, INC. Project GARFIELD COUNTY Contract No. File No Feature B R ► OG E CAR 31► - /2- E'4 Designed MRM Date E. Item Checked Date • • Sheet !0 EXTERlO2. GIRDERS CoNT/NUEG MAXIMUM POSITIVE MoME►4T M LSI = 2 31 K M c� _ 3 T -K M cAPAGTY .1 3 12 FT- K. REQUIRED : (/• y. SPAN /4 cAPAciTy 3/2 FT -K. 312 POS M + /vl i.L4-s oi > *3 FT -K. .- 2.3I Fr -K > 27Y - .A DEG OATE 7'/- .ADEGI)ATE FOR POSITIVE MOMENT MAx►MUM NEGATIVE MoMOJT (z,0 SPANS PIER) Na:G M MDI. M CAPA cry -172 FT -4- 75 T-4- 75 FT -K. : - 3 / Z FT -r_ EI o REQUIRED ; M CAPACITY y M c� + M LNl+z 312. FT—K > 7S +- 1'72 1Z > 29.7 ADEQUATE. FOR NEGAT►VE MOMEIV T THE EXTERIOR, GIRDER5 ARE . ADEQUATE FOR H,5 ZO OPERATING. RE`PAIR THE INTERIOR GIRDERS ONLY. Project Feature Item Checked INTERNATIONAL -ENGINEERING COMPANY, INC. GARFIELD coUNTY BRAlDGE 6AR. 3 I1 — /2.54/ Sheet I Contract No. File No Designed AIR M Date s�7 8 5 Date PosInvE BENDING FOR H S 20 (OPERATING) To E4l7A L 36 TONS 02 MORE > A/1 DL t (mJlb1) MPoS. CAPACITY (REVISED) Pas, M CAPACITY (REV)SED) 4/7 fT- K Pos tL+.= = 2�- 500 PSI (OPEkAT#NG) S;map, M REgD. .9' 17 FT-� . ►20�./ ,7, FT- K (j— 24; 5o0 PS 204. a IN3 THIS SECTION MODULUS 15 RE&U IREL AT THE LOCATION WHERE THIS MAXIMUM POSITIVE DEAD LOAD ARID LIVE LOAD MOMENTS OCCUR IT APPEARS THAT Jr wooLD BE CONYEN JEMT TO USE THIS REVISED SECTION MODULUS IN THE LEAJ6TN wHERE THE GIRDER 15 DEFT C !ENT FOIZ HS 20 (OPERATING) , RATNER. 7H4N STEP THE CHANGES, %iii/////1//// 7HE DIAPHRA6M5 wILL 00— D FFIG0 To ADD STEEL SECT/ONS THAT ARE ON TOP OF THE SOTTOM FLAMGE . TN IS MEANS THE NEW STEEL SECT/ONS SHOULD BE WELDED TO THE 8oTTL OF THE BOTTOM FLANGE 1 AS WELL AS BE Low THE TDP FL.A�16E . INTERNATIONAQNGINEERING COMPANY, INC. • Sheet /Z Project GARFIELD COUNTY Contract No File No / Feature BRIDGE GAR 3// - /z. 5 M 4 Designed M RDate 5//// S 3 Item Checked Date NEGATIVE BENDING FOR HS 20 (oPERATIIUG) TO EQUAL. 36 TONS DR MORE t NEG. M CAPAcrrY JSED) NE6 . M CAPACITY (REVISED) vi• kr6S = /53 'N 3 �= sc, Ps! M RE61D. 5 NE6, REQD. y M DL + M LNLEt= - 372 FT -g. (MAX/MUM) 372 Fr -K (1 a c Zak,SOD ps/ /82.2 /Al3 THIS SECTION MODULUS IS RE&UI RED AT THE PIER wHESE THE *MY !MUM NEGATIVE MOMENTS OCCUR rT woLLD BE CONVENIENT To USE ?NE REVISED SECTION role, THE FEW FEET ON BOTH 51 DE5 of THE PIER` L4.44 ERE THE IRDER I5 DEFICIENT RATHER THAN STEP THE CHANGES, //////////// /.'?/ ?HE NELJ 5TEEL SECTIONS CAN7*BE WELDED TD THE 8077014 OF THE 807T014 FLANGE BECAUSE OF THE BEARINGS . Tills MEANS THE NEW STEEL 5ECT/ON5 SHOULD BE WELDED ABOVE THE Barra/0 FLA N6E) AS W ELL A5 BELOW THE TOP FLANGE Project Feature Item Checked INTERNATIONA NGINEERING COMPANY, INC. GARFIELD Cot, NTY BRIDGE GAR 311 - /2.5-4f Sheet / 3 Contract No. File No. Designed MR M Date Date TRY Abbikld A PLATE 81x /I�� a 1. NA 2 AN"GLES 22 xZ,2 x yb TOTAL = 23 .15 + . 3/5" yb= Az y1' — � A� I- (=+Ae) 3 11 Q3 2 ANGLES ZiuXZ1IlXs y .7621 y3= . 375;23.75'-.563-2Z'+.74z" = 21.62* ,. A3 = 3.97 IMZ I3= 1.97 IN* O 21+ IAF6e,G I R DE R 2 c 2 A, I, PLATE Ya= Aa= I2. 23.75') - _ J/. µ2 Z0.0 1820 1N� 41/14," = . 5-63 " 8„x ” 8 . 1875" 875 3 11 3 3. o 1 bb3 13" 4)3 12 12 - IN .03S1N4 /. ---p -- s.0 2/ /875)4 .._. ,(_. _4 -/2.138 20.0 INZt 3.0 /NZ * 3.47 Iu 2 /820 iM - 2 J.o,Ma(12.25'I 12.135) + . 03S,N y + �. a 2 t 3.0 IN 2/ 1875'= 12.1381)z+ /,97 /N'1+ 3.`t7 ,N2(21.82is- 12.13$ r = 257(0.2 'NI' S - _ 2574.2 )N� 12.138 IN yb - 2/2,2 /n1 3 Y -r = 244-.I 2.5 — 12.13$"= 1/.98711 4 MI - 2I',/ 1N 3 S7 = b CONTROL 2574). 11.98'1 IN THE CAPACITY /�/) Pos _ C.. �r •(CAPACITY �7 b 2.4.5-00 Psi (2;2.2 IN3) �t IN /2, 000 Fr": X33 FT -K ERNATIONAL-ENGINEERING COMPANY, INC. Ca INTGARFrELD CDJNTY Contract No. File No. Project //9 / /8 3 Feature B R ID6E GAR.3//- l2. Sys Designed MRM Date _ 5 Item Checked Date Sheet /1/- TRY ADDING Two 22 'f X 2 z �1 x 8 nANG LES ?DP FLANGE AND Two BDTToM FLANGE N.A. - y (2.3.75" _ //.875 I 4(f +Adz') = 18Z0 fa* T = 24-14.0 ,N4 Q 24 W.6)6, algt3ER 4f _ 94" _ .563 " Z d = 2 (z3.75') = 1/-815" A, = 20.0 iN a 1, = 18z0 iu fir/ 3 " 0412- 2z X 21. X g .742 jZ = /MPS -.563 1-2.S'+ .762-', = 9.575" A 2 = 3A-7 HN 2 PER PA► R) �Z = 1.97 iN Z PER PAH 4 0+ 2(1.97 „4`)+2(3.47 iN2X 9.5744 1)z ,5-r= g = _ 2-11-1f,0 1_144 2.07 /A! 3 y //.875- M /.87s 11x7 CAPACITY Cr' S _ ? 500 PSI (aol Pt) 12.11:00 Ft' -K Y-22. 6 FT -k_ �Eo INTERNATIONAL'ENGINEERING COMPANY, INC. Project GARFIELD COUNTY Contract No. File No Feature BR►DGE GAR 31/- /Z.Sf� Designed MRM Date 5�/9 f3 Sheet Item Checked Date POSITIVE MOMENT WELD A PLATE 8 To THE BOTTOM FLANGE) AkID 2RX2N !t ANGLES �z Z x� To THE TOP FLANGE_ LENGTH = 30 POS. " CAPACiT`( NEGATIVE MOMENT tT",S'= 254,500 P5 l -12.2/N3,..)- 4.33 10 000 f iN Pr- %- FT -K \AJ L D Z AN6 t. ES Z z a x 2-E Al 1/ r o THE ToP FLANGE) AND 2 To THE 807ToM FLANGE. LEN6TN = G WITH 3 / EACH SIDE OF PIER. M NEG A AC1TY - %� 7 2.4, 500 PS! 6207 IN 3) /2 COo�- FT -K - '423 FT -K ED INTERNATIONAL—ENGINEERING COMPANY, INC. Project $-A RFIE LD COUN TY Contract No File No. Feature 8RUD6E 6AR. 31) - /Z.5-1 Designed MPM Date 5 Item Checked Date Sheet /6° • v z N1 NIoMENT5 (Fr - K) clt Jl • • INTERNATIONAgGINEERING COMPANY, INC. ® Project A R F l ESD COUNTY Contract No. File No Feature BRIDGE- GAR 311— /2-554Designed MRM Date 3 Item Checked Date Sheet / 7 M IAS PAN AT PIER LinA Tyr • Ty p. Ib __� µ Typ >3 V '4 - — t AKIGLES 2 Z x a Z x e x 30'0" LoN1G ExlsTIuU 24-Vv68 i EX 15TING .IAPHRAGNI if 8" x 30/0 L01.16 PATE 8 Li- ANGLES 22 x 22 x 8 Ir 10 LoNG Ex I S TIN6 2F(8 KISTING GIAPHR.k 4 E) INTERNATIONAMIGINEERING COMPANY, INC. Project 4/4R. FIELD COUNTY Contract No. File No. Feature BRIDLE GAR 311— 12.511 Designed MRM Date m e3 Item Checked Date Sheet to 06`/ ABUT. .Il r» if 3 N / rr WELD 9 L 2a e Z2 X g x (,-0 LoNG 3 3 ABUT. 30 > 13/2�' >< 13 2 ,c > / 1/ 06 U J PLATE S 11x 8 1 r x 30 0 �f LONG 2 L ZZ" x 2z"x 8" x -O'r LonLG �Eo INTERNATIONALSGINEERING COMPANY, INC. Sheet /9 Project 6A RF I E L D COUNTY Contract No. File No • Feature BRIDGE GAR 31/- 12.51/Designed MRM Date-`-��'-= Item Checked Date 4 INTERIOR IR.bERZS PER. SPA►.I 2 SPANS UANTITI ES PLATES e Px e �1 X ZOO �� L.0N6 = 10.ZFT WEIGHT = 2 x `i x /o.a "/Fr x 30/0 II ,� ANGLES ZZ"XZ,rX lhl = 519 /FT 2 x 'f x 2 AT 30 lo c.om WEIGHT - 2 Z $ 51.1 ir 2 x * AT 6 '0" LOI.IG V.M I GH T 2x 4 x Z9 It/FT x WIMP 28.3E To?AL_ STRUCR) AL STEEL = 55Y3