HomeMy WebLinkAbout4.0 BOCC Staff Report 05.12.2008Exhibits for Public Hearing N.{ay 12,2008 - Special Use Permit, North Bank Holdings, LLC
Exhibit Letter
(AtoZl
Exhibit
A Mail Receipts
B Proof of Publication
C Garfield County Zoning Regulations of 1978, as amended
D Garfield CounW Comprehensive Plan of 2000
E Application
F StaffMemorandum
G Mamm Creek Special Use Permit
H Mamm Creek Access Permit
I DRMS 1l2c Permit to Permit Construction Material Mining Operation
J District Court Water Div. 5 Decree
K Wetland Delineation
L Wetland Bankine Contract
M Recovery Agreement - U.S. Fish and Wildlife Service
N Colorado Department of Transportation - Access Permit and NTP
o Private Road Crossins Agreement - Union Pacific Railroad
P Fusitive Dust Plan - Air Permit 0IGA0979F
a Spill Prevention and Control Countermeasure Plan
R Stormwater Permit and Renewal Application
S Settlins Ponds Locations
T Outlet Channel Details
U Rifle Watershed Permit
v Phasing and Timeframe of Operation
w Grevstone Environmental Report- Slope Stabilitv Analysis dated March L7,2005
x Letter dated 2ll9l08 from Chris Hale, PE, Mountain Cross Engineering, Inc.
Y Letter dated 2ll8l08 from Steve Anthony, Garfield Coun8 Vegetation Manager
Z Letter dated 2ll9l08 from Cynthia Love, Division of Water Resources
AA Letter dated 2/19/08 from Matt Sturgeon, City of Rifle
BB Letter dated 2126108 from Jake Mall, Garfield County Road and Bridge
CC Letters dated February I1,2008 and February 5tn from Doug Grant
DI)E-mail dated February 27,2008 from Tim Woodmansee" CDOT (w/attachments)
EE Letter dated February 26,2OOB from Dean Riggs, CO Division of Wildlife
FF E-mail dated March, 4,2008 from Helen Migchelbrink, LaFarge
GG E-mail dated February 26,2006 from Chris Hale, Mountain Cross Engineering
HH Letter dated March 8.2008 from Helen Migchelbrink, LaFarge
II Letter dated March 13, 2008 from Neighbors of Northbank Holdings
JJ Email received March 26.2008 fromNella Barker
KK Well Permit
LL Photos submiued at Planning Commission March 26,2008 from Lee Estes
MM Email dated April S, 2008 from Kevin Whelan, Rifle Fire Protection District
I\'N Letter dated April2l,2008 to DRMS regarding amendment to reclamation plan
oo Email dated }.4ay 2,2008 from Dan Roussin, Colorado Department of Transportation
PP Letter received May 6, 2008 from Lee and Darlene Estes
a0 Email dated May 5, 2008from David McConaughy
RR Letter, dated May 3, 2008 from Doug Grant - with attachments
SS Letter, dated May 8, 2008 form Doug Grant - with attachments
TT Plans submitted by Doug Grant in BOCC hearing on May 12,2008 (in application)
Tru Letter submitted by Dan Grant in BOCC hearing on May 12,2008wPhotos submitted by John McBride in Bocc hearing on May 12"2008
ww Email submitted by Dous Grant in BOCC hearing on May 12,2008 (Exhibit OO)
PROJECT INFOR]VIATION AND STAFF COMMENTS
BOCC 05112t08
KE
Special Use Permit for "Extraction,
Processing, Storage and Material Handling of
Natural Resources" and Development in the
100-year Floodplain for a Gravel Extraction
operation
North Bank Holdings, LLC
LaFarge, N.A.
Approximately 2.2 miles east of the City of
Rifle
Mine approximately 70 acres of the 237-acre
property.
Agriculture / Industrial (AI)
TYPE OF REVIEW
APPLICAITT
OPERATOR
LOCATION
SITE INTOR}TATION
EXISTING ZONING
I. REQTIEST
The Applicant requests approval of a Special Use Permit for "Extraction, Storage, Processing, and
Material Handling ofNatural Resources" for a Gravel Extraction operation and Development in the
100-year Floodplain. On January 2l ,2008, the Board of County Commissioners referred the request
to the Planning Commission for a recommendation.
IL GEIYERAL LOCATION / SITE DESCRIPTION
The237-aneproperty is located onthe northbank ofthe Colorado Rivercorridorapproximately2.2
North Bank Holdings, LLC Grovel Pit
BOCC - 05/12/08
Page 2
miles east of the City of Rifle between the Colorado River and State Highway 6 &24- The property
can be described as having three distinct geographic areas which include l) an upper bench that lies
alongtheunionpacifi" nufuoua corridoi zit*o lowerriverterrace fields/pastures comprisingthe
majority of the prop€rty, and 3) the riparian-.** in and along the colorado RiY' The areas in the
Colorado River corriao. uo comprised of heavily vegetated islands and river braids with significart
stands of cottonwood galleries which are also located within the 100-year floodplain' The properly
has historically been used as irrigat"d pasture land served by the Stobaugh and Eyre Ditches'
presently, therl is natural gas drilting o"".roiog at various locations throughout the237 acres'
III. ZONING & ADJACEI{T USES
The property is located within the A/I zone district which contemplates Processing, Storage and
Material tlandtingofNatural Resources as a Special Use requiringapproval bythe BoardofCounty
Co mmissioners. Additionally, a portion oftheproperty has been designated as lying in the l0Gyear
floodplain. The map below rilo*u the location of the properly relative to the County zoning map:
The property is surrounded on three sides by the A/I zone distric! while prcperties to the north are
zoned both Commercial General (CG) and ARRD'
The property to the south is currently approved for gravel extraction by way of a Special Use Permit
issued by the BOCC approximately f years ugo (M*- Creek)' The property to the west is the
active Glen,s pit which was the result of a SUP approved by the BOCC in 2006. The property to the
east is undeveloped Colorado River bottom land. The land to the norttu CG and ARRD, is primarily
agricultural in use.
of significant note, there is a 2-acre property that is landJocked on the north portion ofthe property
North Bank Holdings, LLC Gravel Pit
BOCC - 05/12/08
Page 3
owned by John McBride which contains a cabin. Additionally, the subject property is encumbered
with five (5) active gas well pads.
TV. GEIYERAL PROJECT DESCRIPTION
The project generally proposes to mine sand and gravel from the subject property in two distinct
mining areas resulting in the ultimate construction oftwo lakes with a water surface area totaling 70
ircres. The sand and gravel resources, once extracted and crushed" are to be conveyed via land
conveyor to the overhead conveyor which will cross the Colorado River. The North Bank mining
boundary and disturbance area are located outside the 100-year floodplain however the overhead
conveyor, where it crosses the river and islands, is located within the floodplain. The resource, oncre
conveyed to the Mamm Creek Gravel site operated by LaFarge, will then be processed into saleable
material.
The application as submitted originally envisioned the operation exhacting ly 450,000
tons of material per year with the overall plan anticipating a mining life of 9 years with 3 additional
years to establish full reclamation. The net resource extracted (depending on market conditions
within that time frame) is expected to be 5,400,000 tons. Though the amount of available resource
has notchanged (5.4 milliontons)theApplicanthas submittedadditional informdionuihichchanges
the original request:
l- Average extraction per year of 500,000 tons;
2. Time period of 8 years mining life, keeping reclamation to 3 years additional.
The application proposes to access the property directly from SH 6 & 24, arirccess which requires a
private crossing of the Union Pacific Railroad corridor. Vehicles accessing the north bank property
vrill be limit€d to 12 trips Wr My (6 tn" 6 out) per the State Highway Access permir The proposed
operation will include the use of portable equipment that includes a loader, jaw crusher and
generator, as well as an area for parking employee vehicles and a porta-potty. The only structures
requested as a part of this application are the temporary overhead conveyor bridge(s). All of the
portable equipment and sfuctures are to be removed from the site once mining been completed The
gravel pit hours of operation are proposed to be fr,om 6:00 am. to 8:00 p.m., Monday through
Saturday and 8:00 am. to l:00 p.m. on Sundays from March through November. The operation
hours during the Decemberthrough Februaryperiod shall be from 6:00 am- to 6:00 p.m. Monday
through Saturday. Minor maintenance of equipment may occur during nondaylight hours.
The gravel operations include multiple conveyor systems: an overland cotrveyor system and an
overhead Oridge) conveyor system- The overland conveyor will transport the material ftom the area
ofexcavation to the crusher and subsquenfly to the overhead conv€yor. The overland conveyor is a
portable system that will be moved from phase to phase along with the portable c,rusher. Post-
crushing, the aggregate will be transported to the Mamm Creek processing facility via the overhead
conveyor system across the Colorado River.
North Bank Holdings, LLC Gravel Pit
BOCC - 05/12/08
The overhead conveyor system is comprised of two suspension bridges and an elevated conveyor
truss over approximately 700 feet of the braided Colorado River system and two islands. One
suspension bridge will span the northem branch of the river and be approximately 150 feet long. A
second suspension bridge will span the main branch ofthe river and be approxim ately 250feet long.
The remaining 300 feet of islands and southern overflow channel ofthsriver will be spanned by in
elevated conveyor tnrss with supports approximately 50 fert apart- All supporting rt u"to."r *"
located outside ofthe floodway. The conveyor is designed to have greaseless rollers and a systein to
scrape material from the belt before it cycles around in order to minimize the potential for oils and
earthen material to fall offthe conveyor and into the Colorado River. The Applicant has stated that
the overhead conveyor will have a catch-pan, located on the underside for that portion of the
conveyor that spans the Colorado River. Both the overhead conveyor system and the overland
conveyor sysbm are temporary uses for the dtrafion of the mining activity. Upon cessation of
mining, the entire system \IriU be removed and the ecosystem will be restored to its previous state.
V. AUTHORITY & APPLICABILITY
Pursuant to Section 9.03.M of the Zoning Resolution, an application for a Special Use Permit shall
be approved or denied by the Board of County Commissioners after holding a public hearing thereon
in conformance with all provisions ofthe ZnnngResolution. The Board may,atits discretion, refer
the Application to the Planning commission for a necommendation
\rI. RE,VIEW AGENCY AI\TD OTHER COMMENTS
Comments have been received fiom the following agencies / community groups and are integrated
throughout this memorandtrm as applicable.
City of Rifle: Exhibit AA
Town of Silt: No Comments Received
Rifle Fire Protection District: No Comments received.
RE-2 School District No comments received.
Colorado Departrnent of Transportation: Exhibit DI)
Colorado Division of Wildlife: Exhibit EE
7- Colorado Deparhnent of Public Health & Envfuonment: No comments received-8. Colorado Division of Water Resources: Exhibit Z
9- Colorado Division of Reclamation and Mine Safety: No comments received-
10. US Army Corps of Engineers: No comments received.
11. Colorado Geologic Survey: No comments received.
12. Garfield County Vegetation Management: Exhibit y
13. County Road and Bridge Oeparment: Exhibit BB
14. Mountain Cross Engineering: Exhibit X
15. County Shdtr: No Comments Received
l.
2.
aJ.
4.
5.
6.
4
A)
North Bank Holdings, LLC Gravel pit
BOCC - 0s/12/08
page 5
VII. RELATIONSHIP TO TIIE COMPREIIENSIYE PLAI\I
The proposed mining activity is located in an area of the County outside the City of Rifle (the City)which is in the Area of Urban Influence for the City. The County and the City have entered into anIntergovemmental Agreement (IGA) requiring eachjurisdiction to refer applications in these areas toeach other for comment. In this case, the County generally looks to the iity,, Comprehensive plan
for that area for guidance in land use reviews.
In this case, the city's Comprehensive Plan has mapped this area as "ern Space / Agriculture,, withcategories including l) wildlife habitat enhancement, 2) environmental education, 3) passiverecreation, 4) agriculture, and 5) mine reclamation. Statrhad previously discussed this designationwith the City of Rifle who indicated that this designation was generally intended to deal with areasalready mined- on its face, it would appear the map envisioned a majority of this Colorado Riverbottom would be mined at some point and that subsequent land uses wiuld L required to reclaim forthe above uses- The map below shows this location and designation:
YIil. GARFIELD COUNTY COMPREIIENSTYE PLAI\I
If the County's Comprehensive Plan is to be used in this review regarding future land usedesignations, the nroryrtlhas been designated in study Areas 2 and3 as *Frivatity ownd landswith site specific limitations to bi evaluated at plan review.,,To this end virtually any
fand use, so long as it was consistent with the uses in the AI zone (underlying zoning) district wouldbe considered "compatible" in this location so long as the environmental (geologic / hydrologic /s-lope) challenges were appropriately mitigated through plan review. In addition, staffhas includedthe majority of goals, policies, and objectives from trr" pr* that relate to gravel extraction for yourreview:
GOALS
Garfield CountyrecognizesthatunderColorado law, the surface andmineral interestshave
North Bank Holdings, LLC Gravel Pit
BrcC - 05/12/08
Page 6
certain legal rights and privileges, including the right to extract and develop these interests.
Furthennore, private property owners also have certain legal rights and privileges, including
the right to have the mineral estate developed in a reasonable manner and to have adverse
land use impacts mitigated.
County which recognizes the human resources, nafural resources and physical location-to-
marketcapabilities ofthe community, and whichfirtherreco$izes andaddressesthe social
and environmental impacts of industrial uses.
B) POLICTES
Garfield County, to the extent legally possible, will require adequate mitigation to address
the impacts ofmineral extraction on adjacentland owners. These measures rury include the
following:
A. Landscaping and screening;
B. Modification of phasing or area to be mined;
C. Roadway improvements and signage;
D. Safe and efficient access routes;
E. Draioage improvements to protect surface and groundwater.
Dust, odors and fumes should be contained within the extraction site generating zuch
emissions and should not negatively affect any surrounding land use.
Iandscaping and screening \4.ill be required to address specific visual impacts of indusrial
dwelopnent
Zonngregulations and a review process will be developed and enforced that recognize the
differences in size, sope, and type of industrial development. A hierarchical review
process wiil be developed which respects the unique land use issues based on the size and
scope of the project. The County will require impact mitigation for these projects, when
aPProPriale.
The project reviewprocess will include the identification and mitigation oftranqportation
impacts related to industrial development.
Garfield County, in coordination with relevant special disticts, authorities and
mrmicipalities, will require that developers of energy or miqeral extraction projects finance
the construction and operdion of any public improvemeffs which now or in the firture, will
be required by their projects.
Garfield County will require dwelopers ofmineral extraction projects to participate in and
contribute to the funding of the County's monitoring of the demographic changes and
North Bonk Holdings, LLC Grovel Pit
B(rcC * 05/t2/08
Page 7
socioeconomic impacts associatd with such pnojects. The applicability ofthis policy will be
assessed on a case-by-case basis by the Board of County Commissioners.
use policies of adjacent jurisdictions.
c) OBJECTTVES
environment including air quality, water quallty, wildlife habitat or important visual
resouroes.
and infastnrcture impacts are reduced.
Use Permig will address future compatibility issues with current mining operations.
changing land use patterns and demographics of the County and encourage the fiuther
diversification of the County's economy.
consistent with the long-term land use objectives ofthe County.
D) STAFF FINDINGS
Statrfinds that the use, operdion, and reclamation of this proposal is generally compatible
with the goals and objectives of the Comprehensive Plan. Though there are impacs
associated with the project the applicant has provided significant mitigation measures to
ensure protection ofthe environment andto minimize impacts associatedwiththe industrial
use. At the end of the extraction activity the reclamation plan assures the viability ofa long
term use that will benefit the County as a whole.
DL REYTEW cRrrERrA FoR SPECTAL usE PERMrrs (sECTroN 5:03)
Pursuant to Section 5.03, as listed under the Zone District Regulations, special uses shall conform to
all requirements listed thereunder and elsewhere in the TnnngResolution, as well as the following
standards:
1. Utilitics adcquatc to providc waler and sanitation service based on accepted engineering
standards and appruved hy the Boail of County Commissianerc shall either be k ptace or shall be
corafiuded in conjunction with the pmposed use.
North Bank Holdings, LLC Gravel pit
BrcC - As/r2/08
Page 8
Response
The application states that utilities to provide water and sanitation services are not required and that aportable toilet will be the only service provided on the North Bank property. Mo.ntain CrossEngineering (on behalf of Garfield county) has commented that:
A' Portable toilets are proposed for employees; these should be located outside of thefloodplain.
B' Providing potable water for employees is not discussed in the application. The Applicantshould discuss what is intended.
2' Strea improvemenb adequate to accommodate traffrc volumc generated by the proposeduse and to provide safe, convenient access to the use shall eithei be in place oi sniu ruconstructed in conjunAion with the proposed use.
Response
The application proposes to access the property direcfly from SH 6 & 24,an :rccess which alsorequires a private crossing of the Union Pacific Railrcad (UPRR). cDoT has issued a Notice toProceed for the site- The issuance ofthat perrnit did not require any improvements, however it doeslimit traffic for this use to no more than 12 tips per day (6 vehicles in and 6 vehicles out). TheApplicant has also been issued a "Privatu Crossing Agreement" from UpRR for this rrs', an
agreement which may require a gate to be constructed between SH 6 & 24 andthe railroad tracks.The applicant has stated that the gate requirement was 'crossed off on the Agreemen! and staffagrees that there is some question regarding the necessity and viability of a gate'due to the distanceof the rail corridor from the edge of Highway 6.
Additionally, because all the gravel will be conveyed ircross the river to be fi,ther processd,
weighed, and sold, the majority oftraffic will continue to access the Mmm Creek Gravel pit forthisresource as presenfly occurs- The access to Mamm Creek is located directly offof the I-70 fr,ontageroad.
The Applicant has stated that the number oftrips will neither increase nor decrease fr,om the existingMamm Creek entrance; however, these trips are ultimately governed by CDOT and not GarfieldComty as they directly irocess the I-70 froilage road then I-70. we have recenfly receivedcorrespondence from CDOTthattheyare interested in LaFarge re-applying foranewaccesspermit
related to the Mamm Creck SUP in which they would clariff the traffic volumes, staffis aware .tat
there have been some questions regarding the existing *""r, permit, particularly with regard to thevolume of traffic permitted per day. The existing p"r-i is limited-to 200 velicle trip-s per day;however this number is an average annual daily taific (AADT) counL meaning that the count oftraffic is averaged for l2months. This could ullo* taFarge to have 300 vehicles one da5r, and thenext 100 vehicles because the count is based over time. tt ir *y understanding that CDOT wouldreview the traffic volumes and issue a new permit based upon daily kaffic, Not-averaging the cormtover an annual timeframe would provide all parties with amaximum number of venicles permitted
t--
North Bank Holdings, LLC Gravel Pit
B0cc - a'/r2/08
Page 9
per day accessing the site- l-aFarge's attorney has stated that the current,rccess permit will suffrce
for their operation, and they are willing to clariff their permit bas€d upon the new designation of
ADT rather then AADT (see Exhibit OO and Exhibit QQ).
Further, an overhead conveyor transports the resource across the river to Mamm Creeh a design that
alleviates potential traffrc impacts to SH 6 &24 as well as County roads in that area. The result is a
minor net increase (12 tips per day) to traffic impacts from this proposal, as Mamm Creek will
comply with the ctrrent CDOT Access Permit.
3. Design af the pmposed use is organized to minimize hnpact on odjacent uses of land
through instuAation of screen fences ot landscape materfuls on the periphery of the lot and by
location of intensively utilized ateas, access points, lighting and signs in such a mmner os to
protect established neighborhood charocten
Response
The neighborhood character for this area is largely agricultural to the north with significant gravel
extraction and oil and gas activities to the west and south across the Colorado River. As described
earlier, the property itself can be described as having three distinct geographic areas which include 1)
an upper bench that lies along the Union Pacific Rafuoad corridor, 2) two lower river terrace fields /
pastures comprisingthemajorityofthe property, and 3) the riparianareas inand alongthe Colorado
River. The areas in the Colorado River corridor are comprised ofheavily vegetated islands and river
braids with significant stands of cottonwood galleries.
Staff has conducted a site visit with the Applicant and it is evident that the lower river terrace fields,
where the proposed mining area is to occur, are largely out of view from properties to the north
because it sits on the lower bench ofthe property. Additionally, the view from the south is virtuatly
eliminated by the heavy mature cottonwood and riparian vegetation along the banks and on the
islands within the Colorado River. The property to the west is an existing gravel operation (the Glen
Pit) and the property to the east is undeveloped river bottom land. The proposed overhead conveyor
is to be located on the far west portion of the property and will not be very visible from the norttr,
east or south, but will be partially visible from the north west and west due to the vegetation in and
around the river.
The overhead conveyor system proposed to transport the material to Mamm Creek is comprised of
several significant structures which in total will span approximately 1,500 tinear feet in sections that
either span the river altogether by suspended sections or are supported by column supports. The
anchoring span supports on each end of the 250 foot long span are approximately 30 feet tall while
the span supports are 17 feet tall for the 150 foot long span- The overhead conveyor platform is
approximately I 7 fet wide for the firll lenglh of the 1,500 linear foot distance across the river. This
is a sizable structure however it witl be significantly hidden from "on land" view as it passes through
the islands, but will obviously be visible to river traffic. Additionally, the taller towers will be
somewhat visible dependent upon your viewpoint. The applicant had erected 'storey poles' during
North Bank Holdings, LLC Grovel pit
an earlier application for this use, and it was determined at that time that visibility of the structurewould not be obtrusive.
The Application contains a visual mock-up showing the bridge section in its proposed location.Architecturally, the bridge's suspension aesign is sinnllarto the Golden Gate Bridge in San Franciscousing the same suspension design concepts. Aguirr, the two main braids ofthe river will be traversedby two suspension bridge sections eithei 150 feet long or 250 feet long. The deck ofthe structure willbe located approximately ten feet from the surface ortn" river during norrnal flow, with the decklocalion aI the 100 year flood re,maining approximately eight feet from the surface ofthe river. Theoverhead conveyor system, bridge ana piers, is not propofr to have any lighting,however there willbe noise associated with both tl" "[.rtion of trri,
"y*t"ro, including the transfer hoppers andgenerator.
The cons0rrction of the pier supports requires a Floodplain permit which has been submitted as apart of this application-
Pursuant to section 5'03'07 ofthe Zoning Resolution, a permit for Industrial operations requires thesubmittal of an impact statement on the proposed use'describing its location, scope, design andconstruction schedule, including an explanation of its operational characteristics- The impact
Yf€.ment is requird to address the following:
1'(A) Existing lawful use ofwater thmugh dqletion or pollution ofsurface rwr+fi, s*eon{tawor groand twler.
Response
The applicationproposesto dry-mine e:* cellsusingadewateringmethoddueto the high watertable which is a common mining method along the cotoiaoo River. This water is p.oposed to then bedischarged into the colorado River. rne sulmlttea suP dli"ation showed fo* aiscnage locations,however additional information has been ryoygd sno*irrg tn" Iocation oftwo approved dischargelocations' The Applicant has also submitted additional irrril-rti"i;;*Gff settling ponds andtreatnent pnor to discharge to the colorado River clearly locadd thoJ pooa" outside of thefloodplain
The Stormwater Discharge Permit delineates the two proposed dischaqge locations and furtheridentifies them as Discharge 00 I and Discharge 002. Th; rcament p.ior to discharye is proposed toocctr outside the 100-year floodplain, ano cbprrE water euality contol Division has issued aStormwater Discharge permit foithis site.
The city ofRifle has conditionally approved a warershed Distict pennit Th€ cityhas the arrhorityto review activities that occur within the defined b"r"d;;;-ri rrr" LrrrIfiu,"on* District,
B(rcC - 05/r2/08
-
l0
ll
North Bonk Holdings, LLC Gravel pit
B(rcC - 05/12/08
Page ll
specifically within five miles ofthe waterdiversion and intake struchre forthe city,s watersupply.The Permit conditions include:
o Simonson Letter conditions;o submittal ofa final SPCC and SWMP specific to the overhead conveyor crossing ofthe Colorado River;o Semi_annualinspections;o Incrusion of city deparmen* on the emergency contact list
A decree from District court, water Division 5, case No. 06cw20 was iszued on December 9 ,2w7which allows for the legal and physical water required to operate the pit and to fill the lakes as part ofthe reclamation of this proposal. u'v rrr .*s 'v !
Physical water b ': -h supplied by the stobaugh and Eyre Ditches that currently serve theagricultural needs of the property. The additional iater needed will come from an executed westDivide contract.
According to the reply received from the Division of water Resources the applicant must receive awell pemrit prior t9 exposing grormd water in Northbank Gravel pit well a. rut well permit toexpose water in a pit has since been issued. The permit (Exhibit KIe alows for up to 40 acres ofexposed groundwater, and once at that threshold the applicant shall be required to obtain anadditional well permitto a[ow foraddition op""or" orfro,ndwater.
I'(B) rmpa* on adiacent land from the generotion of valtor, dust, sntoke, noise, glarc orvibration, or other ensnalions.
Response
The proposed use will generate dust, smoke, noise, and odors from use of heavy machineryextractingtheresource fr'omthegroundontheNorthgr"kp*p".tyas well as fromthecrushingandtransporting of the material. Additionally, dus! r*"t",'ooi.", and odors from use of heavymachinery processing / crushing /sorting the resource will also occur on the existing Mamm creekproperty' Aryuably, there will be less dust generated on the North rank property as a majority oftheprocessing will occur at the currently approved and permitted Mamm cr*t iacility.
Dust Control
As the commission is aware, dust generation remains a signfficant issue with gravel pits where theyare required to remain below 2v/o opacity at atl times *!ri."a by cDp#. Because of the pitIocation on SH 6 & 24 unmitigated * i*r""tiu"ly -itifutro dust control could ca,se a seriousthreat to public safety for those traveting that road as *"it * a nuisance to residential propertieslocated north of the site- The applicuion agrces that the operation wi1 generate dust and smoke butwill comply with the state sfatutes with the """r*ry #o*r, permits required by cDpFIE foractivities occurring on the site.
-
Nor t h B ank Hol dings, LLC
:;?r"r rrr;;
Page 12
The application includes a generic Fugitive Dust Control Plan providing the following mitigation:l) A water truck equipped with spray cannon will be used at the site to apply water to haulroads, stockpiles, and to the activemine face during extraction.2) spray bars orsimilar watering devices are used at iey transfer points on the crushing andscreening equipment and are to be running at all times. Shrouding of key transfer points isalso utilized when water alone does not cintrol emissions or is iipractical.3) A speed lilit-of 15 MPH is posted and enforced on all areas ofthe site.4) A chemical dust suppressant,-typically magnesium chloride, is applied to all haul roadsurfaces from the sales area to the faciliiy "ntr"". The suppressant is reapplied as needed toroads in an effort to further control dust between watering trips. Typically suppressant isapplied approximately every six months at the Mamm creek ilt urra a similar applicationschedule will occur at North Bank- This type of suppression is also effective during timeswhen climatic conditions render watering oiroads ineffective and/or unsafe.5) Particulate emissions from transfer points-associatea wia portable processing equipment willbe controlled by the natural moisture present i" the material and by water application atcritical points as to comply with an emission limit of 15% op*ity or.o a six minute averagefrom crushers and screens and l}yofrom transferpoints.6) Reclamation-w9rk witl begin as soon as is practicable following material extraction andprocessing' Following spreading of topsoil, the reclaimd rou"-rriu be seeded using theDivision ofReclamation, Mining and safetyand Garfield county appror"a .oa oni* irs soonas is practicable, and growth will be maintainea with a sprinkler ft;7) Topsoil and overburden stockpiles will be seeded with the approved seed mix within 3 weeksof final extraction
8) Production.tootdt will be kept by the portable units and communicatd with pit personnel.9) All processing equipment wili be subject to the New source performance standards (Nsps)requirements ofRegulation Number 6, s.,bprrt ooo which specifies visible emissions fromconveyors and hansfer points shall not exceed ltr/o opacity and visibte emissions fromcrushers and screens shall not exceed l|Yo opcity. NSps testing wiII be conducted asrequired to demonstrate compliance with the above limits and to ensure the effectiveness ofthe suppression methods employed :t the facility, tf "orirrio* in excess of these levels areobserved by on-site personnel then flow rates of ihe waering system will be increased. spraybars will be attached to crusher at transfer points to control dust.a* If the above measures fail to meet emissions standards prroduction will be halted-l0)All loaded trucks leaving the facility will be r"d; to have their loads tarped.
statrhas had conversations with property owners on the north side of Highway 6 regarding theirconcerns with dust associated with the activities occurring on the *.ra sid! of the highway.compliance with maintaining adequate dust control is an issue with residents adjarentto theoperations' wind can and does cause bursts ofdust in the air which sometimes cannot be adeguatelymitigated through water and other zuppression methods. These bursts are intermittent and come-and-go quickly, but cause airnuality and visibility concems nonetheless. The operator will beresponsible for managing the suppression of aust and "tur rot tl,1t aaiJogr between theneighbors and the ope'ratormaytt"rt inabetterunderstanding ofproblems /issues andmitigation
t2
H
North Bank Holdings, LLC Gravel Pit
BOCC - 0s/12/08
Page 13
Staff would request that the operator maintain open lines of communication with the neighbors
throughout the life of the activity.
Noise Generation
The operation will generate noise on the North Bank property emanating from the loader, crusher,
generator, and conveyors as well as from the processing equipment on the Mamm Creek property.
The County's Ixnd Use Code requires that the '?olume of sound shall comply with the
standards set forth in the Colorado Revised Statutes"-
In this case, the application states that they will remain below the state stafirtes' requirements for
noise. Regarding noise, state statute states o'Sound levels ofnoise radiatingfrom a ploperty line at a
distance of 25 feet or more there from in excess of the dB(A) established for the foltowing time
periods and zones slrull constrtute (premafacia) evidence that such noise is a public nuisance.' The
table below shows the zones and dB(A) acceptable for each zone and particular time.
Zone TamtoTpm TomtoTam
Residential ss dB(A)50 dBG)
Commercial 60 dB(A)ss dB(A)
Lisht Industrial 6s dB(A)70 dB(A)
lndustrial 80 dB(A)75 dBU)
The BOCC has generally interpreted the noise statute to be measured with the dB(A) ofthe receiver
properties since they are the most affected by the noise- Therefore, as measured 250 fer;t from the
property line, the dB(A) would be 55 dB(A) during the day and 50 dB(A) during the night. The
Environmental Noise Impact Reviewcontained inthe application evaluatedthefollowingactivities:
ACTryITY
Noise
Level
Proposed
Mitieation
Overburden/Topsoil strrrt rnows forstrrdrrds to bc ercecdtdRCmOVal witl ectivitks tlet rrr tcnDorrry In dlntion
Front-end loaders
Scrapers
Haul Trucks
- Mitigrtiror will ocrr olcc tlc ectivity is bcfow gndc of Oc rdjeccnt5t dB(a) propcrtkx, eolsc kvelr cerrot bc nitigttcd util rrcl tinc.
Sanrc as above
Same as above
Aggregate removaV
lr4nsport & crushing
Conveyor
Jaw Crusher
Backup beeper noise
Electrical generator
48dB(a)
at 2{X)'.
sOdB(a)
at 2{X)'
55 dB(a)
e;t230'
Thc most nolrc gcncnted by thc cotveyor
will et thc tnnsfer hoppcrs wlich rill bc
grcrtcr then 4t dB(t)r
Crrslcr is r portrblc uit ud wil mwc with cect pler of tlc
Phccmcrt in rtr phrrcs rill occar ir tlc ctrtnl portbn
(rcbtivc to rortiholtt) of tbc North Berh prtcL
Tnditiorel bccpcn trt erdiblc up to l0(X)', r ncw doicc produccs e
whitc rrirc ehrm whicl rcdlcs ttc rolid rt grc.br dirtuc.r.
IIEhcr rttcrretior crleust Dufilcr, tcourticel crclmurc erouod crginc
gcrcrrtors
l3
North Bank Holdings, LLC Grovel Prt
B(rcC - 05/t2/08
Page 14
The Sound Survey from the application states "...that average noise levels at the location of the
residence nearest the proposed mine site average in the 4O to 45 dB(A) range. These levels are well
below the State of Colorado Residential Daytime noise limit of 55 dB(A)." However, from the chart
above we can determine that the noise levels during topsoiUoverburden removal will not meet the
minimum standards. The applicant has provided inforrration that topsoiUoverburden removal will
take approximately 2 weeks for each phase in the project (or once a year according to their pbasing
plan). Since no mitigarion mea$res are possible until the activity is below grade of adjacent
properties, consideration should be made to reduce the hours of this activity to alleviate early
moming and evening disturbance to adjacent properties. In discussion with adjacent property
owners, they would request that the hours of operation during overburden/topsoil nemoval be
limited to the hours ofMonday through Friday for 8 am. to 5 p.m. with no allowance for that activity
to occur on the weekends. The reduction of the daily period of time for removal of the topsoil and
overburden will extend the time nrcessary to complete this activity. So instead of 2 weeks per year
to remove topsoiUoverburden, the timeframe for that activity may extend to 3 weeks per year.
Overall noise issues, other than that period oftopsoiUoverburden removal, can h minimized ifthe
Applicant complies with the mitigdion measures as they relate to oflsite residenc,es, however noise
mitigation for the McBride parcel rnay not be possible.
Hours of Operation
The application proposes hours of operation will be 6:00 am. to 8:00 p.m., Monday through
Sahrrday and 8:00 a.m. to l:00 p.m. on Srurdays from March through Novemhr. The operating
hours during the December through February period will be 6:00 am. to 6:00 p.m. Monday through
Sahrday. These hours are somewhat consisterrt with other gravel pits recenfly approved however
statrhas been made aware of hours of operation of the Silt Gravel Pit:
The gravel pit hours of operationwill be 7:00 a-m. to 8:00 p-m- Monday through Saturdaywtth
crushing, digging, and heauy hauling allowed from 7:00 am to 6:0A pm allowing for
administrotive andmaintenonce activities to talce place mtil S:00 p.m. No aperations shall toke
plACe On SUndqy. Conditior 2l of tf,e llitt Srnd end Grevcl pit R.csotutioa
Relative to the discussion above regarding noise, the Board should consider reducing the hours
during the time period for topsoiVoverburden removal. Further rcstiction ofhours ofoperation may
provide additional relief to the adjacent residential properties.
Lishtine
This application is silent with regard to lighting however in discussion with the Applicant they have
statd that there will b€ no lighting either on the site or on the overhead conveyor/bridge nor
supports.
1.(C) Irnpo$ on wildlife and domestic animals thraugh the creation othazlrdous attractions,
alleration of uisting native vegetution, blockodc of migration routes, use pafrerns or other
disruptions.
t4
North Bank Holdings, LLC Gravel Pit
Bocc - 0s/12/08
Page 15
Response
The application states that there will be no significant adverse impacts to sensitive, threatened or
endangered wildlife and that the site plan includes a 100 foot buffer along the Colorado River to
better preserve the riparian area that provides quality habitat for wildlife. Finally, the application
stiates that the project's end result is to create an improved habitat that athacts wildlife and once the
project is completed the quality and quantity of wildlife is expected to increase.
The Applicant has submitted a Wildlife Report by Beattie Wildlife Consulting, [nc. That report
identifies various levels of vegetative and wildlife values on the site, ranging from poorto excellent
habitat, basically value diminishing as you move away from the river and riparian area Excellent
habitat is found in the islands and river riparian area as the report states:
"The islands s€rve as wildlife refuges and they provide security, thermal, and
escape cover. Cottonwood-willow woodlands characteristic of riverine habitat
are one of the most important habitats for wildlife in Colorado. More species of
wildlife occur in this habitat than any other single habitat in the state. Riparian
habitat occupies only 3Yo of Colorado's landscape but athacts up to 80% of
wildlife species. Vegetation diversity is high in both vertical and horizontal
zones and habitat struchre is very diverse. Gravel and sand extraction will have
no direct negative impact on wildlife using island and riverine habitat."
The open fields and sage hillside located in a band acrcss the northern property boundary have good
habitat value, however the current natural gas drilling activity may have affected that value.
The center of the property conlains open fields and is located wholly within the mining and
disturbance area. This area contains poor to fair habitat values due to the vegetative cover which
provides little foraging value. Two lakes will be the result ofthe reclamation activities and this area
will greafly increase in value forwildlife.
The report also illushates the use of the site by mule deer, with potential travel corridors in the
island, river and riparian areas. Raptors, game and non-game birds, waterfowl, small game and fur-
b€aring animals are found on this site. The wildlife report states the following:
"fJnder the proposed mining plaa primary impacts to wildlife would be direct
habitat loss, reduced effective habitat, fragmentation and conshiction ofwildlife
corridors along the Colorado River, and disturbance to adjoining habitats due to
mine operations.
The grazed psture and irrigatod fields lost during the mining process are of low
value to most wildlife species present in the project area Wetlands and
cottonwood riparian are4s are more valuable wildlife habitat, Some species,
particularly deer, use this habitat for travel, daytime resting and foraging. The
l5
North Bank Holdings, LLC Grovel pit
B(rcC - 05/12/08
age 16
pasture habitat is used full-time by some corrmon burrowing rodents (mice,
voles, pocket gophers, ground squirrels) and grassland bira species (homed lark,
westem meadowlark). Loss of pashres and irrigated fields would result in the
directloss ofbreeding andnesting habitat forafewindividual animats, butwould
have no impact on the populations ofthese species in the Colorado River Valley.
Cottonwood riparian habitat is more limited and some of the most productive
habitat in Colorado. Mining of riparian areas, ufuich is not proposeq *orrtd rrrrrlt
in the direct loss of breeding habitat for numerous migrant songbirds and year-
round habitat for small mammals, deer, and game birds.,,
The Applicant has proposed mitigation methods to minimize the above referenced visual and
environmental impacts such as the following:
D Suggestions made by the Division of Witdlife (DOW) to include gentler slopes and a more
undulating shoreline were incorytorated into the reclsmotiin plan and the DRMS
application, including thefact that 6A?5 ofthe slopes will be restorei at a 4: I slope ond 4ff/o
of the slopes will be restored at a 3: I slope.
2) DOW's recommertdationfor islandswas oddressedby incorporatingtwopeninsulaswhich
serve the ptrpse of islandsfor wildlife refuges but ue much easier to mointairu Lafuge isalsofirmly committed to workingwith the DOW to developJloating islands in the lakcs to
help promote additional witdtife hobitat.
3) Any available excess fill will be used to reclqim roads, etc. qnd/or used to create the la*e
bottom and edge. Large tree'toot balls, davailable, will be added to the bonom oftlu lakesprior tofilling to augment the aquatic habitat.4) Thc Applicant hos retoincd a biologistfrom the Yildlife Habitat Council (WHC) who hasvisited the site and completed a report with recommendations on how hobitat can be
improved on both the North Bank and Momm Creek properties. It is the Applicant's
intention to submit the combined propertyfor certification tmder WHC's rules anil conduct
reclamation activities to enhance habitat quolity whenever practicable.
Noxious Wed Manae€ment
The County Vegetation Manager reviewed the proposal aod provided the following comments:
application;
acceptable.
Wetlands
The property has been reviewed and inventoried for the presence of wetlands and a Section 404
Permit has be€n issued by the Unitd States Army Corps ofEngineers (ACOE). It was determined
16
page IT
North Bank Holdings, LLC Grovel pit
B(rcC - 05/12/08
that approximately 4-87 acresofjurisdictional wetlands exist on the property which is regulated bySection 404 of the Clean Water Act.
The ACoE had requested that I-aFarge include the North Bank Gravel site in an updated MammCreek permit as the ACOE felt that the sites were codependent. Therefore the Mamm Creek 404Permit has been amended to include this site.
The Applicant has submiued information regarding the "banking" of wetlands, including a contractwith Springwater Ranctr, LLC of Grand Junction to mitigate the loss of 4.g7 acres of wetlandsresulting from this application.
Additional informationhas been submitted in support ofthe404 Permit, particularlyaJuisdictional
Wetlands Map which is attached as Exhibit tr(
1'D) Affinnatively show the inpoc* of truck and ouromobilc trafrlic to andfrom such usa7 andtheir impac8 to areas in the County.
Response
As mentioned earlier, the application states that the access to the north bank property will be fromSH 6 & 24 for which a CDOT Access Perrrit and'Notice to Proceed" have Uo" i*tA limiting thegravel operations access to 12 trips per day. Access to and from the site will primarily consist ofpassenger (employee) vehicles, and to a lesser extent mobilization of equipment and machinerywhich will then remain site and sernice-related :rccess (porta-pofiy, fueU. The Union pacific
Railroad corridor is located just south and adjacent to SH 6 * Zi oothe north side of the property.
The Applicant has obtained a Private Crcssing Agreernent from Union pacific Railroad-
The use of the overhead conveyor to transport the material to the Mamm Creek pit for furtherprocessing will aid in alleviating traffic impacts to SH 6 & 24, andtheapplication states that..hafficto and fr'om the tvtaqm creek property is not expected to increase signincanfly due to the mining
activities switching from the south of the river to the north side.,,
Staffhas struggled with questions regarding (real orperceived) access issues at Mamm Creek fromadjoining properties and we have requestedresponse from the applicant. They state that they are incompliance with the issued CDOT Permit and the County has not heard dilierently from CDOT.Given that the exfiaction activities at Mamm Creek are complete, except for the aea arord the BaldEagle nesf the Applicant has stated that the processing ofgravel from the North Bank site will notadversely impact any pemrit limitations.
In the time period since Planning Commission review of the applicatiorq CDOT has providedinfomralion to the County that they would like the Applicant to re-apply for an amended accesspermit for Mamm Creek. This re-application seeks to crariry the volurml of baffic based upon adaily count rather than on an annually averaged basis.
t7
North Bank Holdings, LLC Grovel Pit
BOCC - 05/12/08
Page 18
1.(E) That sulfrcicnt distances shall separotc such use from abufring property which might
otherwise be damaged by operations of the proposed ase(s).
Response
The proposed mining areas maintain at least a 100 foot buffer from the Colorado River to any mining
activities proposed for the site. Stafffinds this buffer beneficial in that it preserves the riparian areas
along the river as well as minimizing noise to the river corridor. According to the Applican! there
will be no activities permitted in the 100 foot buffer except during the period of construction ofthe
overhead conveyor.
The plan shows a l0 foot setback from the east and west boundaries which would likely priove
sufficient as a buffer grven those adjacent uses - the westem property is currently being mined for
gravel and the property to the east is undergoing activity related to the oil and gas industry.
Generally, theNorth Bankmining activityis limited ontheterraceplateaubelowasignificantbench
that runs along the north area of the property. This provides a natural topographic buffer from the
propertiesto thenorth with one exception; the John McBridepropeay(theMcBrideprroperty)which
is a2-asre parcel wholly contained \r,ithin the subject property along the north boundary line. The
plan shows the mining limits approximately 20 fectfrom the McBride property line. As the mining
oscurs inthe centralportionofthe properlytherewill be significantimpactontheMcBridepnoperry.
However that impact will be temporary in duration and once reclaimed may enhance the McBride
property.
I.(F) Mitigation mcosares proposed for all of the forcgoing impac* identifwd and for the
stondards idenffrcd in Sectian 5.0i.0E of this Resolution-
Through the review of prior Special Use Permits for extraction activities, staffhas found that the
application could further minimize yisual and environmental impacts by incorporating the following:
l) In any mining phase, the mined slope length of 2H: lV will be bacffilled as necessary
prior to topsoiling and seeding. Generally, this is a milder slope of at least jH: tVfrom 5.0
feet below the water liw and higher. TIu anount ofmined slope allowed to be present thd is
not bacffilled at any given time is I000feet;
2) The omount of bacffilled slope tlwt is not topsoiled is limited to 400feet. Topsoiling is
required on all surface areos down to 5-0'below expectedwater level.
3) Seeding and mulching according to the apprwed plan will occw on all topsoiled ueas
each spring (March I S-April l5) orfall (september 15 to November 15) no motter how small
the area is.
4) Within 6 montlu of finishing minrng in any phase, the area must be fully reclaimed
including topsoiling, seeding mulching sapling planting, and water fitling of the lakc.
6) The operator will submit on annual report to the County with GPS measurements shmwt
on a map showing the current disturbonee, whqt areas hsve been bacffilled, where topsoil
l8
North Bank Holdings, LLC Grovel pit
B(rcC - 05/12/08
Page 19
stocfoiles are located, oll site structures, what areas have been seeded, mulclud andwhat isplannedfor the ensuing l2 months.
7) All of the above are binding canditiow of the Cotmty permit and the State Division ofReclamation, Mining and Safety. The Division of Reilimation, Mining and Safery c;nwithhold the reclamation bond if the final reclamation is not execated occordiigio theplaw.
Enforcement Options:
a) The County commits to notifiing the Aperator of arry compliance concern ald allowsan inspection with site personnel and the designated County inspector prior to
contacting any agerrcy.
b) The County canrequest a site inspectionwithone da)t's notice to the Operator. Full
occess to any Wrt of the site will be granted On request, all paperwork must be shown
The County cannot request a large number of inspections that would interfere with
normal operation without cause.
c) Afull list of all permits will be provided to tlrc County. Any person at any time can
call thefollowing agencies directly and request an inspection ifthry betieve i condition
of that agencies permit is being violated.
- CDPHE Air Quality Control 303-692_3150
- CDPHE Water gwlity Control 303_692_3500
- US Army Corps of Engineers 970-243_t lgg
- Division of Reclanatioa Mining and safety 303466-3567
- CDOT Grand Junction offce 970-24g_7000
- City of Rifle - Watershed permit 970_625_6224
Agencies will issue violotions wrthfines depending upon the gravity ofthe violation
and the past history.
O fhe County will be invited to any bond release inspection of the State Division ofReclamatiort Mining and Safety- The County inspecior witl hove the opportunity todemowtrate that any item of the permit has not been complied wtth ind that bond
should not be released.
e) The County will hove the opprtunity to evaluate the performance of the Apcrator
with regard to the County bond andwithtnldportions ojthi bond if it ii demonstrated
to the Operator that certain conditions ofthe permit hove not been met. The Operator
acbtowledges thd the Coanty tus performarce standords in place that could lead to
19
North Bank Holdings, LLC Grcvel Pit
revocation of the Special (Jse Permit if contimtedviolations of the permit occur over a
period of time.
We have received an email from the applicant's representative in response to the above, see Exhibits
FF and [rH, that the operator is willing to comply with above restrictions.
Statrfinds that, with the applicant agreeable to the aboe, the application provides sufficient plans
and/or has permits that mitigate the following impacts r issues:o Impacts to wildlife;
o Dust suppression plan for particulate generation on the North Bank;o Wastewater Discharge Permit from the Colorado Departrnent of Public Health and
Environmeng and a City of Rifle Watershed Permit have all been issued and a
Stonnwater Management Plan submiued gtving the Staff assurance that discharge of
dewatering water back into the Colorado River is clean and that the channels are
designed / located out of the 100 year floodway;. The Spill Prevention, Control and Countermeasures plan;
o Colorado State Highway Access Perrnit has been issued which adequately address the
iszues on this property, and a Private Crossing furee,ment has been executed between the
Applicant and UPRR;
o There has been no mention of proposed mitigation of impacts to the McBride property
which consist primarily of noise, dust, and visual impacts;o Army Corps of Engineers 404 Permit issuance and related wetland banking to mitigate
loss of on-site wetlands; ando Demonshation that the standards in the noise statutes as commonly measured by the
BOCC can be met during a majority of the operation timeframe- Additional mitigation
may be possible with a reduction in the hours of topsoiUoverburden removal.
(2) Special Use Permifi may he granted lor those uses with provisions that provide adequote
mirig orio n tor th e fo llowing :
@ A plan for site rehabilitotion must be approved by the Coungt Connissionerc
before a permitfor conditional or sprccial use will be issued;
Response
The Applicant proposes to reclaim the mining into two lakes that have a total surface acreage of
approximalely 70 acres. As stated earlier, the application anticipafes (based on market conditions)
that the mining of the two cells will take approximately 9 years with an additional 3 years for
reclamation. The application states that comments from the DOW have been incorporated into ttre
reclamation plan and that, further, Lafarge is "firmly committed" to working with the DOW to
develop floating islands to help promote additional habitat. Roads are to be reciaimed and t.ee root
balls are to be placed in the bottom of lakes to enhance aquatic habitat. The slopes / balrks are to be
graded and reseeded with native seed mix and a wed managernent plan is to be permanently put in
place' Top soil wiU be stockpiled during mining and will be placed back on the sgrface areas afi a
Bocc - 05/12/08
North Bank Holdings, LLC Gravel pit
BOCC - 05/12/08
Page 2l
minimum of I foot in depth for disturbed areas and all stockpiles to sit for longer than l2monthswill be seeded to minimize dust generation and erosion.
As mentioned above, the reclamation has been reviewed by the Dow and several comments andsuggestions made during prior applications have been incorporated into the current plan.
The county vegetation Manager reviewed the revegetation component ofthe plan and requested thatthe Applicant provide a noxious weed invento.y *i rnup*ia m"i, upptication. The Manager foundthat though weeds are mentioned and a weed management plan has been provided, the Applicantshould provide specific locations ofweeds detailed o-o u -up. Further, reclamation plans, includingthe plant material lists and details of phasing were found acceptable.
become the only reclamation plan (tasks/ timetables) used by both the county and DRMS.Additionally, a new bond shall need to be calculated to cover this plan and sec,red withDRMS to cover its implementation.
reclaimed once they have been mined. Additionally, mining io u o"oJpnu* could corlmencewhile the previous phase was being reclaimed / revegetatd.with a six month reclamationdeadline provision.
months after the commencement ofthe neiv phase;irri"g operation. If the reclamation hasnot firlly occurred in six months, all miningLperations on the property shall stop until thereclamation / revegetatton has occurred to Ae satisfaction of the C"#ty
staff finds the ultimate benefits to be gained from "reclaiming as you go,, include l) simificantreduction in visual impact of the site oithe community and traveling public throughout the life ofthe mining operation,2) continual reclamation monitoring orta" rectiimeo lakes bytheoperator(onsite responsible party) who would still be on site as they riire the other portions to ens,re success, 3)not put offthe establishment of the vegetation and habitat greation for ten years so that a goodportion ofthe site would be "reclaimed" at the eventual end of the mining oprrurioo * a concessionto already displaced wildlife from the site, and +l tlepoiential for a r"airchoo in required security(bonding requirements) or earlier release of those frrnds at the end of the project.
(B) The coun$ commissioners mal reTuire security before apermitfor qrecial or conditianaluse is issue4 if required- The Applicant shallfurnish'*i"o"" of a baik cimminunt of credigbon4 certifud ch"* "! other t""*i,ty *ema accqtabi by the coanly commissionen in rheamount calculated by the Coungt commissionerc to-secure*" o"coaoi ofthe stterehabilitationplan in workmanlike manner and in accordancc with the spcifuatiow and construction scheduleestablished oropprwed bythe county commissionerc. sucn commitmeng, bonds or check shollbe ptyablc to and held by the County Commissionen;
-
2t
North Bank Holdings, LLC Grovel pit
BOCC - 05/r2/08
Page 22
Response
In the past the county has-reeuired operators zubmit security to the co,nty to ensure recla,ationoccurs' As you are aware' the DRMS (via state statute) has attempted to preempt local regulationsspecifically regarding reclamation and security for reciamation. (See cnS :+-:i.5-109(3) below).
"No governmenlol ffice of the state, other than the [Mined Land Reclamation BoardJ, rurr anypoliticol subdivision of the state shall have the authority to issue a reclomation permit pursuant tothis mticle, Lo require reclamationstnndnrie,liff----t tL^- tt-^^^ -_1 ,,- , ,,
shall be responsible fo' otturing thiil mining ipe*tl""
""d the postmining land use comply with
i!;j,i!2j!.1!!:,!i::y:y.,:::y tond ie ,1suryrig* and any msster pton for extractionadopted pwsuilnt to section 34-t-304 unress a priir d""bo;;;;;i";;;;; :#;d";"#ff::;prohibition is obtained by the Applicant froi *e aftectea pofiticat subdivisions. Any miningoperator subiect to this article shall also be subiect to iinrng and land use authority ond regulationby palitical subdivisions as prwided by lo*."-
This stafute basically says the county has no authority to require any different reclamation standardsthan the DRMS or to require any adoltional reclamation security fNo*, the cotmty has rquired thisof a recently approved gravel pit operation and tne appticant did provide such an additional securityfor "revegetation,, as opposed to reclarrration.]
staffs suggests not requiring an additional security for the cormty and instead rely on the DRMSbond calculation and management to ensure reclamation. please note however, staff suggestsrequiring the Applicant to submit the proposed reclamation plan in this Special Use permitapplication to DRMS so that l) it will b- th" o"ty rctu,,rati;;;l* *j'i, ** DRMS and thecounty to ensure reclamation has occurred to tf,e county's specifications and 2) a new bondcalculation shall occur and be submitted and held by DRM; to secure that proper reclamation canoccur' This is a practice that is in place ! Routt county wrrich appears to work wel. staffalso addsthat the calculation of the bond and ability-to **ug"'it, p*iJ releases is something that DRMSdoes very well. Note, the County would.be invited t "prrti"ip"t"
io aoy..release,, hearings to ensurethat reclamation has sccuned to the satisfaction of tne c"""ry-
Pursuant to section 5.03-08@ail Industial operations in the co,nty shallcomply with applicable county, state, and Federal'r"grtuuorrs regulating water, air and noisepollution and shall not be conducted in a manner cJnstituting a public nuisance or hazardOperations shall be conducted in such a manner as to minimize n*,, j*r, ,_ok", vibratio4 glareand odor and atl other undesirable environmental effects beyond the boundaries of the property inwhich such uses are located, in accord with the ro[or"i"g ,t oa*a" set below-
As required by any gravel extraction operation, all ofthe following Industrial performance standardsshall be considered conditions of approval forany sp."ia ur" permit.
-
22
North Bank Holdings, LLC Gravel pit
(1) Yolume of sound generated shall comply with the standards setforth in the coloradoRevised Statutes at the fimc any new application is nade.(2) wbration generated: eeery-use shatt be so operaei ihot the ground vibratian inherentlyand recurrently generoted is not perceptible, without instrumcng, at any point of anyO:.o!or line of the property on nii"n th" ^" is located-(3) Emissions of smohc ani particulatc moler: every use shall be operoted so os to complywith all Federol, state and county air quality raws, regurotions and standards.(4) Emission of heat, gltre, radifion indfi*r, *rff *" rnail be so operated thot it doesnot emit heat' glare, radiation nitn sabstanltialty interfere witi the uisting use ofadioining property or which "i*t'rroto a public nuisaice or hazprd- Flaring o! gases,aircraft worning sigyals, refleaive paintingiyrtorog, iihs, or other such operotions which
ffirf;fubed
by lnw os sofety or air pollurion corJrol mcasues shail be ucmptedfrom this
(5) storoge orea, salvage yard, sanitary londfiil and mineral woste disposal areos:(A) storuge afflanuuble o, foutt* soti*;;;*o shall be in accordance wirhaccepted standords ond laws and shill comply wirh thZ nafional state and locolJire codesand wrilten recommcndotions /coruneniirom the opproprfure local protcction disttictre_gording cotttpliance wilh the opproprtot" codes; ' t
(B) At the discretion of the ciinu commissiiners, ail oatdoor storagefacilities maltbe required to be enclosed byfence, londscaping * noa o*qude to conceal suchfaciliriafrom adjacent praperg;(c) No materials or wastes shall be deposited upon a propertlt in suchform or mannerthatthey moy be trunsfened offthe property ty ony ,eas)nablyforeseeabtc natural causaorforces;
(D) storage ofrreauy Equipmentwitl only be allowed subjeatu (A) and (c) above andthe following stsndords :
* The minimunt lot siry isfive (5) acres ond is not o plotted subdivisionz' t he equipment storflge area is not placed any closir than J1yfi.from anycis ti n g r es idc ntial dw e il in g-3' AU equipnent storage will be enclosed in an ateo with screening at lcasteight (a fea in height and obscuredfrom view at the sane elevation orrowen screening mol. incrude fur*ng, randscqing, sight obscuringfencing or o combination of any of thesZ'manod*1' Any repair and naintenonr" oaiuity requiring the use of equipment thotwill generate noise, odolt or gtare teyoid *ei*p"ny iooiaoriro wlr beconducted within a buirding o, ooriooo duingin"Lr"^-rtg on to 6p.m-, Mon-FrLlf, Looding and anlooding of vehicla sholl be conducted on privotepropertyand may not be conducied on onypublic righrof_way. r- -- )
(E) Any storage areafor uses not associatud iilh natural resoutces, shall not sceedten (10) acres in sire.
@ Any lighrin-g of stortge area shall be pinrcd downward and funwrd to the pmptycenter and shaded to prevent direa refuctiin on aaio"eot property.
23
BOCC - 05/12/08
-
North Bank Holdings, LLC Gravel pit
BOCC _ 05/t2/08
safeguards designed to comply wiln the'neguitiaisTnh" aruiron*riioi protec.tionAgenqtbefore operalion of thefacilities ^y b"gir, ,<u p"r"ototioo tests or ground water resoutce';::rffflr;;rr,::'* bv tocat or *a, trror* ofrr; -ust be metiefore operotion of the
solution:
Any speciot use PermiS may be male subiect to o periodic review not less thon every six (6)monlhs if required by the iouuty commission"i.' rn, purpose of such review sha, be todctermine compliance or noncomplianceyith any p"r1ormance requbemene ossocfuted with thegranting of the special rtse Perntir The county ii^iiilr"en shag indicate that such a reviewis required and sholl establish the tii periotls at the time of issuance of o speciar use permilsach review shall be conducled in sach monner ana_ry ,o"n irooo, as the countycommissionett deem appropriate to mahe the review effeittve ond'*oniogra upon thecompktion of each review, the comnissionen-^t-i"ii*"e tha the permit operations are incompliance and continue thepermig ordeterminein":"i"r*i,"* are not h compliance andeitherswpend the permit ol tequiri the permitue t" ori,rrs i, owraao, into compliance hy a certninspecified date such peiodic '*'i* sholl he tinied to'those performmce requirenrcn, ondconditions imposed a the time of the originat issuonce of the spcciat (Jse pcrmil
Response
Should the Board aqprove the SUP, StaffsuggeTs the Appricant be required to present ayearryreport to the BOCC that demonstrates progress and adherence to the mining plan- This would occurinDecemberofeach calendaryear*a?",rra
fclude "opi", or*rur ir"p""tioro.reportsrequiredby other agencies including, but not li*it to, th_ ait;iRi;".
)t lOO YEAR
TLOODPLAIN
FEMA has not performed any
detailed floodplain aralyses of this
section of the river at this time;however, the Army Corps oi
Engineers (ACOE) cross_seciioned
the river in l9g4 and used that
information to complete a floodplain
study in l9B7 which the County hascommonly referred to in mattersregarding development in the
floodplain- Portions of the 237_acre
property fall within the 100_year
floodplain.
-
page 25
The map above is from the ACOE 1987 Study that comports with the HCE letter. The application
states that the extraction and construction site lies outside the 100-year floodplain; however, the
overhead conveyor, where it crosses the river and islands is within the floodplain.
The application states that all the supports to the overhead conveyor, while being located in the
floodplain, are not located in the I 00-year floodway and fi.uther provides analysis performed by HighCounty Engineering (HCE) that determined the minimum low chord elevation (53u.26 iotin
elevation) to allow the Base Flood ( I 00-year event) to pass without any deleterious effect to the I 00-
year floodplain. Mountain Cross Engineering, on behalf ofthe County, has reviewed the request and
has commented that the information provided shows no impact to the base flood elevation.
Ii
{
DF
F-!--.-.4-_
-\ l
-/
_
d E aE / gr p 0a.{ :s.l
4 r. (9rr a,
North Bank Holdings, LLC Grovel pit
BOCC - 05/12/08
Conveyor Arnfysis
XI. STATT'COMMENTS/RECOMMENDATION
Based on the review by Stafi as well as the referral comments from various local and State agencies,
the following issues have been identified:
A. The accumulation of impacts related to industrial activities, both on this site and in the
general vicinity should be considered. The natural resources associated with this area are
sand/gravel and gas, with these activities occurring in close proximity to one another. This isparticularly evident on the North Bank which has five (5f Antero t ease Gas pads, all of
which are currently in process of being
drilled - or soon to be drilled. The gas
pad delineated as "C" on the site plan
sits within the Mine Permit area and
although these are similar uses of
industrial nature there is concem of
conflict in the uses. Further, the
multiple uses occurring on the site may
make it more difficult for Garfield
County and other perrnit agencies to
properly monitor the activities
associated with this SUP application.
25
North Bank Holdings, LLC Grovet pit
B(rcC * A5/12/08
Page 26
The Applicant has provided information regarding the extaction which will occur around thepads and drilling activities, including a Slope stuuitity Analysis for Gas well pads andAccess Roads- This report states that a *100' setback from the gas well will be maintained,to a highwall slope no greater than 0.5:1 as required by the DMG permit #N2000113. Assoon iN feasible, overburden backfill will be placed against the highwall and graded todecrease the highwall to a minimum 3H:lv slope." See Exhibit W, Slope StabilityAnalysis.
B' Garf,reld County requires a very thorough review of special Use permits- The scope of thereview involves the coordination ofpermits and review by Local, State and Federal agenciesthat have authority over certain activities, with the county granting land use approval. TheCounty review process fi'urctions to determine the appropriateness of the use at the particularlocation and to ensure a comprehensive review #aiaspects of the proposal includingoperational, potential impacts and proposed mitigation- This process of coordinating theinfonnation regarding permit(s) status may unearth sonflisringinforrnation and conflictingrecommendations from the myriad perrnitting and review agencies. one of Staffsresponsibilities isto review, identifyand questiontheinfomration *u-iu"o bytheApplicant
so that the decision-makers, as well as the general public, are thoroughly aware ofthe details,impacts and mitigation ofthe proposed land use-
With that said, the most glaring conflict of infonnation identified by staffis the maximumamount ofmaterial requested to be extracted on an annual basis. Th; appeius to be arangeof 450'000 to >600,000 tons identified in various submitted documents, with the originalapplication requesting extraction of 450,000 tons per year. Various other agencies may haveyviewed the proposal with the requTt of 600,00b tons per year. Given that the Applicanthas estimated that the total amount ofresource contained on the North Bank is 5.4 milliontons and has a requested time frame at 9 years, the anticipated annual yield would be 600,000tons. If the application is approved as is, 450,000 tons would be the amount
approved for extraction annually and would leave an estimated 1.35 million tons ofmaterialin the ground at the expiration ofthe Special Use Permit. Understanding that the 5-4 milliontons is not an exact figr[e of the available resource, the Special Use perrnit timeframercquestmayneed to be extended ortheannrnl exhacted amount wouldneedto be increasedfor the Applicant to meet the intent of what they have requested in this application.
The approval of annual extraction at 600,000 tons for 9 years would most prrobably depletethe resource on-site- Staffis not necessarily opposed to exhacting more in a shorter period oftime, however Staffmay be opposed to an increased time period for the activities. The
ryasoning bei,g that the increase in the impacts of expanded pncduction would not be asdrarnatic as they would be for extending tli rre of the use- Even so, the maximgm cap ofgnual yield may not decrease the imeframe needed to extract the material which theApplicant stiates is dependent upon market forces.
Another rffNon that Staffhas a concem with the maximum annual yield is the potential for
H
26
additional impacts relu-ltins in extracting an additional I 50,000 tons per year. The minimumthat the county should consider for an-annual cap on extraction is 600,000 tons per yearotherwise the nine year life ofthe pit would either have to increase or material would remainin the ground' Conversely, a greaier the amount of annual yield may Iessen the life ofthe pitand therefore mitigate potential long-term impacts of the use.
North Bank Holdings, LLC Gravel pit
The Applicant has submitted additional inforrration that includes phasing and a timeframe
for the extraction activities.
This inforrnation may alleviate
the issue of annual production
as instead it provides mined
acre,age as a limitation rather
annual yield of material. From
a land use perspective, Staffis
less concerned with the amount
of product (particularly since
there would be no additional
road impacts associated withthe transportation of the material)
timeframe for the overall operation.
and timeframes for disturbed areas
zrssumes the ability of the Applicant
Bank and the Mamm Creek SUp.
ra&er than with the amount of area dishrbed and
The reduction of one year, as well as area limitations
has cenainly satisfied staff conce-r. fni, *Ayri,
to comply with all permits issued for both the North
Z-n '!t) rsr:r=:; !,r)
ii L! -axrz.; )-.()
!i\, ),tl ztr:rt; !,t)
Phase Mined Acreage years b Mine Timdine
t'4 -!U zsr.,r=t !,U .::2!C - U.j r:_t :tept - t)?
lzpr - U1 'La .'zpt - !t)
:izpi - !t1 11-1 )=11y - 1 |
'tapt - lL t:t ;>zpc - !/-
)-.U l)::pc - !/. ,_,-, .j:.:pt, - li
!,f.1 ::,a.i _ l-. -,,J- -i tt ..r=r,tl - Jtt,
Zl', ').:! -atr=;
ii', ),t', ar:rz.t
BOCC - 05/12/08
1
-
27
North Bank Holdings, LLC Gravel pit
BOCC - 05/12/08
age 2g
C' Use of an offisite location forprocessing material extracted from the North Bank proposal
could set an unwanted precedence of allowing importation and exportation of raw materialfor off-site processing. Unintended repercussions could result, particularly with regard totraffic- However, in this particular instance, the exportation ofresource from North Bank iscontemplated to occur via overhead conveyor rather than through the state or local roadsystem- Additionally, the properties and related Special Use Permits are commonly held.
D' Post-processing egress will still need to occur from the Mamm Creek site. The Applicant has
stated that this would not compromise the restrictions ofthe existing CDOT Access permit
since there are no extraction activities currently occurring at Mamm Creek. The current lackof activity at Mamm Creek is a result of the increased pioduction that occurred resulting inearlier depletion of the resource, except for that area adjacent to the Eagle Nest which has
been put on hold- That area will probably be subject tolxtraction at some future time, buthow that may impact the Access Pennit has not been discussed by the Applicant.
As stated earlier in this memo, CDOT is requesting a re-application forthe Mamm Creek site
access permit to assure traffic volumes consistent with, and clarifring, the prior approvals.
E' One issue identified through the review and referral process is the implementation andcompliance of local, state and federal pernits and plansrelated to the land use approved by
the County. Past experiences at currently permitted or completed gravel pits has shown thatassuring compliance with the plan and permit standards may be tacting. ihi, *qr* not outof ignorance or apathy regarding compliance issues, nor inient on the furt of *r" Applican!however there are few tools available by which the County can compel compliance with
State and Federal plans or pemrits.
F' Visual Impact ofthis proposal is mitigated to a certain extent by the land layout and proposedmining areas which will locate the activities below the level of Highway 6 & zi visually
screening the activity' The active gas pads are located on various p"rtio"r of the p.op""ty,
including the upper bench and will screen the mining activities ^ *"1t. The vegetation alongthe river corridor adequately scr@ns the activity from the south. The only visual aspect ofthis plan wiu be the overhead conveyor which will have two towers 65 tail as 30 feet and be17 feet wide. Photo simulation of the conveyor was provided in the application.
28
North Bonk Holdings, LLC Grovel pit
BNC - 0s/r2/08
29
H.
Page 29
G.
photo simulation ofthe overhead convevor
stafffinds that the John McBride property, az-asreparcel surrounded by the North Bankproperty' will likely be the most impacted by the proposed use as its proximity in the northcentral portion ofthepropertyprovides littledistance from the mining activity and thereforeimpacts including visual, noise and dust.
The property contains 4.87 acres ofjurisdictional wetlands which will be lost on the property
1l" t the proposed activity. The Army corps of Engineers has issued a4y4permit and awetlands Banking contract has been executed to mititate the loss. The Banking contract iswith springwater Ranch in Grand Junction has been ixecuted.
cola|qllEetqE ggraE
North Bank Holdings, LLC Gravel pit
BOCC - 05/12/08
Though wetland banking is an acceptable form of mitigarion for the loss of wetlands. themitigation occurs oflsiie, in this instance in c.ano lunction- statrls hopefirl that ttrereclamation plan for the two lakes may in fact lead to the natural creation of new wetlandareas on the North Bank site.
I' A Floodplain Pennit has been :"b1rl"d in conjunction with this application due to theconstruction of the bridge over the colorado Ri""i *ru"n wiil have support piers within theriver' These piers do not occ,r within the 'floodway' but rather *ifld the .flood fringe,,.ffi""dr'#* has adequately uaa.tr"a^i"-r*a*4" ro. a"r."top-ent wirhin the
Based on the aforementioned, staff recommended the planning commission forward arecommendation of approval to the Board of county cr-."ir.irners for the Special Use pennit forthe North Bankproposal with finings oiao *a r"gg"rtJconditions ofapproval.
Page 30
P,re.re ,g7i 1'. ..
S.prirg
lllate r
Rrtttclt,ftcI
For rnore :r:formation or:
\Te-.la::ds l&tieation Bark,.rg cr to
p'.uchase cre*ts lr this serriie area
piease contact rrs at-._
:f'
syring ^Water nanch, ILc
P.O. Box 2716
Gnnd]rrt<roc Co Sl5O2
Pho{E 250-5ilE6
25+€055Enil nivflb@recnu-rrt
_ t4itttadon Banking,s a6eft to the
Eflvrronment . hopct Own6flpgys;qpe,
.nd ReguLtors
Preerres rcd enbroes Aqu*
. Prcid:s brbiru frrrredecd sFcps-
Eisrsre + Driop€{'s nidgmoalrhtrrr &.iL
. EU*:*rts DrCqper'r re:rd to dedicrceLad qater rod r,,,t tr o;ugrcioo plir-
. Fl.-;.-E! Eladofc.'r reqaireccrs to dco1llfaft es:gr. aoasmrtcc- -,,arceade4;ftiag.
Ic,cnaeses rhllirr to ftrccert prqcct bcdgttl.
Areces negolfid's Ecre ror.Ei.$-. proccss
X;|t *d"*"rodenorcoopti-
Aserts $:ri! ]*n!oorl god, or\b \* LosrorEed:sdr-
e I\N !i:\- -.rui:.ec fc: rX, *.:e J!,rcIr\i
Referral comments from the Rifle Fire Protection District have been recenfly received and thereforewere not considered by the Planning commission at their public hearing. Tire comment liom ChiefWhelan:
"The only comment on this or ony of the other previous gravel pits is that it would be great todevelop a water source (dry hydrant) for our-use in the area utilizing the ponds. since thereclamation does not involve any builiing thot would be permanent, Io require this would beunnecessory' It wouldiust be a good idea to have another wqter source in the event ofafire in thearea-
Development of awater sourcefor oltr ttse would hove to be reviewed and the issue ofmaintenancewould need to be addressed. Inpast conversations with our Board of Directors we hove discassedthe possibility of a cost share program with the developer.,,
)il. PLANNING COMMISSIONRECOMMENDATION
The Planning commission (by a unanimous vote of 5 to 0) recommends the Board of countycommissioners APPROvE the Special use Permit for Extaction, processing, Storage, and MaterialHandling ofNatural Resources and Development in the 100-year floodplain for the North Bank SiteExtraction and Y*--g on properly owned by North Bank Holdings, LLC, Gypsum Rancb, LLC,and Jim and Jean Snyder with the roitowing
"ooditio*,
(Note, ths planning commission made changes to the original conditions of approval which areshown by adding additional language thut i. uuds.li*d aid striking language by s*ike+reugh.since additional information has been zuumiuea since pc review, staffhas added and arnendedconditions regarding hours ofoperation, access issues, and fire protection. The additional stafflanguage is identified n bold italics)
l' That proper posting and public notice was provided as required for the meeting before thePlanning Commission.
2' That the meetinc.lefore the Planning Commission was extensive orcomplete, that all pertinentfacts, matters and issues were submitted and ttrat all interested parties were heard at that meeting.
3' That the above stated and other reasons, tle proposed special Use pemrit has been determined tobe in the best interest ofthe healtll safety, -o*ir, *rrrioi"o"", order, p-rp"riry *a wefare ofthe citizens of Garfield County-
4' That the application has adequately met the requirements of the Garfield county zufugResolution of 1978, as amended.
5' That all representatioT- of the Applicang either in testimony or the submiued applicationmaterials, shall be considered conditions ofapproval unless specifically altered by the Board ofCounty Commissioners.
North Bank Holdings, LLC Grovel pit
BrcC - 05/t 2/08
3l
North Bank Holdings, LLC Gravel pit
6.
7.
A well permit mus be obtained from the Division of water Resources prior to exposrng greaterthan 40 acrefeet a/groundwater on tle site.
[e A-pplicant shall provide a mapped inventory of noxious weeds on the site. This map shall besubmitted prior to issuance of the Special Use permit-
The gravel pit standard hours of operation will be 6:00 a.m. to g:00 p.m., Monday throughsaturday and 8:00 a-m- to l:00 p. m. on Sundays from March through Novemfer. The operating
i'"Hjff_1:."*fT: -9""* February pelod wilr be 6:00 a.m. to 6:00 p.m. Mondayy.ru. tvrvuu4rythrough Saturday- overburden/topsoil reiival may only occur Monday through Fridaybetween the houn 91[E um- and S p.m-
9' All operational activities including, but not limited to employee parking, fuel storage, sanitati,afacilities and equipment storage shall be limited in location to that area which is within the MineBoundary as identified on the site plan and is beiog actively mined at the time. It is understoodthat these operational activities will occur within *n pn*" as it is U"i"jmir"d and thereforewill be not be in a fixed rocation for the life of the use.
10. Inany mining phase, the mined slope length €f.2+++{I will be backfilled at a minimrrrrr of 3H: I Vprior to topsoiling and seeding.
I l ' The arnount ofmined slope allowed to be present that is not backfilled at any given time is 1000feet-
12' The amount of backfilled slope that is not topsoiled is limited to 400 feet- Topsoiling is requiredon all surface areas down to 5.0'berow expected water rever.
13' Seeding and mulching according to the approved plan will occur on all topsoiled areas eachspring (March l5-April I 5) or fall (Septernber I 5 to November I 5) no matter how small the areais.
,o Y*.,: :^11T{::T1"_,i*.TTh* h.*1n1*r", as designated on the proposed phasing
::i::Y"-':H3^lyj:1,*':o-r,"Tj'eh,*;;;;r,i;;;;;t?&;ifi:seeding, mulching, sapling planting.ion l3
15' Pursuant to the revised reclamation plan submited to the DRMS, a revised bond shall becolculoled to cover the revision and secured with DRMS to cover ig implementation ond acopy of thot bond shall be submitted to Garfrcld County Building ond planning.
The Plannkg commission adoptcd thefollowing condition, which hos been pailially satisfud by
BOCC - 05/12/08
H
North Bank Holdings, LLC Grovel pit
the applicont and therefore should be replaced with the above language.
The-reclamation plan approved by Garfield county in the special Use permit shall be resubmitted tothe DRMS to become the only reclamation pun [tasts / timetables) used by both the county andDRMS' Additionally, a new bond shall n""d to be calculated to cover ttris ptan and secured withDRMS to cover its implementation and a copy of that bond shall be submitted to Garfield countyBuilding and planning.
16' AII of the conditions are binding of the county permit and the state Division of Reclamatior'Mioi'g and Safety- The Division of Reclunutior, Mining and Safety can withhold thereclamation bond if the final reclamation is not executedLcording io the plans.
17' The County will be invited to any bond release inspection of the state Division of Reclamation,Mining and Safety' The county will have the opportunity to demonstrate that any item of thepermit has not been complied with and that bond should not be released.
18' The operator acknowledges that the county has performance standards in place that could leadto revocation of the Special Use Permit if continued violations ortne permii occur over a periodof time.
19. The Applicant shall be required to submit a report ennrrally, gntil such time as the release ofthereclamation bond, of the gravel operation foi statrreview. Upon review of any deficienciespursuant to conditions ofapprcval or other local, stat€, or federai permits, staffmay forward thereport to the County commissioners for firll review ofthe Special Use permit. This report shallinclude GPS measurements shown on a map showing the current disturbance, what areas havebeen backfilled, where topsoil stockpiles are locatd at ,it" structures, what areas have beenseeded, mulched and what is planned for the ensuing iz months. This map shall be overlain onthe approved siteplanwhichincludestheapprovedpi*irgur*locations,minepermitboundary
and 100' colorado River setback. copies orannuat reports required by and zubmitted to otheragencies including, but not limited to,the city of Rifle, will be attacnea to the annual reportsubmitted to the Cormty.
20' The county commits to notifring the operator of any compliance concern and allows aninspection with site personnel *a th" designated county inspector prior to contacting anyagency.
2l'The county can reqlest a site inspection with one calendar day's notice to the operator. Fullzrccess to any part of the site will be granted. on request, all paperwork must be shown. Thecounty cannot request a largenumberofinspectio* tlut*ouldinterfere withnormal operationwithout cause.
22' A fulI list of all pemrits relded to the special use shall be provided to the county. Any person atany time can call the following agencies directly and request an inspection if they believe a
B(rcC - 05/t2/08
33
North Bank Holdings, LLC Grovel pit
BOCC - 05/t2/08
a.
b.
c.
d.
e.
Page 34
condition ofthat agencies perrnit is being violafed.
CDPHE Air Quality Control 303_692_3150
CDPHE Water euality Control 30j_6g2_3500
US Army Corps of Engineers 970_243_llg9
Division of Reclamatioq Mining and safety 303-gffi-3567
CDOT Grand Junction office gl-0_Z+t_IOOO
23' Nl mining activities shall be required to comply with the following performance standards:
(l) Volume of sound generated shall comply with the standards set forth in the ColoradoRevised Statutes at the time any new application-is made.(2) vibration generated: every use shall be so operated that the ground vibrationinherently and recTrently generated is not perceptiuri *,tr*"ur*#"i, ar anypoint ofanyboundary line of the property on which the use i, to"ut"O.(3) Emissions of smoke and particulate matter: every use shall be operated so as tocomply with all Federal, State and county air quarity raws, regulations and standards.(4) Emission of heat, glare, radiation *d n rrrlrr every use shall be so operated that itdoes not emit heat, glare, radiation or fumes which substantially interfere with the existing useof adjoining properfy or which conslitutes a public nuisance or hazard. Flaring of gases,aircraft *ffig:iryals, reflective p-arnting
"f;to*g"-tu"ks, or other such operations whichmay be required by Iawas safetyorairpollutioncoo#ol *"**.s shall be exempted fromthisprovision.
(5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas:
(A) Storage offlammable orexplosive solids org;ases shall beinaccordance withaccepted standards and laws and shall comply with the national, state and local firecodes and written recommendations / comments from the appropriate Iocal protectiondistrict regarding compliance with the appropriate codes;(B) At the discretion o{the county commissioo".r, il outdoor storage facilitiesmay be required to be.encloted by f"o", landscapingor wall adequate to concealsuch facilities from adjacent property(c) No materials or wastes shall be deposited upon a property in such fomr ormanner that they may be transferred otrthe prop".ry uy *|o*onably foreseeablenatural causes or forces;(D) Storage of Heavy Equipment will only be allowed subject to (A) and (c)above and the following standards:1' The minimrrm lot size is five (5) acres and is not a plattedsuMivision.
2- The equipment storage area is not placed any croser than 300 ft. fromany existing residential dwelling.3' AII equipment storage will be enctosea in an area with screening atleast eight (g) feet in height and obscured from view at the same
-
)'lorth Bank Holdings, LLC Gravel pit
elevation or lower- screening may include berming, Iandscaping,4,1*'*mffiffi::*ffi[s?# ma*xithat will generate noise, odors o. gtuo -beyond trre property
boundaries will b€ conducted within a building oioutdoors during thehours of 8 a.m. to 6 p.m., Mon._Fri.5' Ioading and unloading of vehicles shall be conducted on privateproperty and may not be conducted on any public right_of_way.
>(:t storage area for uses not associated with natural resources, shall not/ Oxceed ten (10) acres in size.(F) Any lighting of storage area shall be pointed downward and inward to theproperty center and shaded to prevent direct reflection on adjacent property.
(6) water pollution: in a case in which potential hazards exist, it shall be necessary toinstall safeguards designed to comply with th; Regulations of the Environmental protection
Agency before operation of the facilities -1r b"sir. All percolation tests or ground waterresource tests as may. be required by local or State rreai*r officers must bI met beforeoperation of the facilities may bgin.
24.*:':li::::::.::ryy2!?.9:b':d'-!"oa1m1torrransportation(cDoerora,tr? *!!: Il^i-slwatAciess permitfor the Mamm Cr""k;;";;;;;r;;#;tf;
25' The applicant sholl consider provision of a dry nydrant utilizing the pondsforJire protection
Zt11 t"looUc t
1-t17 l'bzoo3)D
Zl11 tFt oo t?(
BOCC - 05/12t08
35
lllnr, lt/. l.vvJ lL,).)tttt LLrrrLrrrvr\rrr q lrr!.tr
SPECIAL USE PERMT
Gypsum Ranch LLC
Jean and Jim Synder
BOARD OF COI.INTY
COMMIS SIONER,S GARFIELD
COUNTY, COLORADO
In accordaace with and prusuaat to tbe provisions ofthe carEeld counfy zoning Resolrtio nof 1929,as a-eade4 qndResolutionNo. 2oo2-ror,tr,enoarJorc.,*ycb-.,iis.ioaem ofGarfierdcouutv,state of colorado, hereby airtborizes, by specialUse permit, tbe foilowi,g activiqr
Extractionofnatuial resources (sao.d g qavlD, processirg (concrete batchplarr, asphaltbatchplaoqconc,rete castirg aad forming) and associated activitier ril'*r".sory uses.
onthet2sl sf lqnd dcscribed ia ResohrtionNo. 2oaz-lolaud.in Garfield County, cotoradr.
\
Thewithin special use Permit is issued zubject tc, the conditions set forth in tbe abone-mentiouedresolution, and shall be \alid only during_ conpliance witn such condjtiors aad otber applicableprovisions oft'he Garfield &rtnty zoning Resolutiou, subaivision Rcgulations, Builr{ing Code, andotherreguJations ofthe Board of County Commissioaers of Gar6eld Couuty, Colorado.
ilxntetr
lT
lI\,,. U I 0 r, I I
tvrAr. 10. luuJ ll: )lrNl LCI\YtNYIUllln q AHIr
)
)ss
)
L tH['lullll|llfl llttluft# !u { r|lJtl|'t!r
. .,6 R O.OO D O,OO GNRFIELD COUN?Y CO
STATE OI COLORADO
County of Garfield
At a regular meeting oftb Board of County Qornmissioners for Crarfield County, Colorado, held in
the Commissioners'Ideeting Roorn, GarEeld Couufy Courtbouse, in Glenwood Springs ouMonday, the zlst
day of Octobcr 2002, there were present:
John Martin , Commi.ssioner Chairrnan
Wah Stowe . Commissioner
Larrv McCown _. Commissioner'DonDeFord " , CountyAttorney
Ivlildred Alsdorf . Clerk of the Board
Ed Green Cormty Administator
when the following proceed.ings, afiDng othezs were had a',d douu, to-wit:
RESOLLIi9NNO. 20 o 2- 1 01
A RESOLUTION CONCERNED WITII TIIE APPROVAL OF A SPECIAL, USE PERMIT
APPLIC.ATION FOR THE EXTRACTION OF NATURAL RESOURCES (SAND & GRAr/EL MIN]NG),
PROCESSI}IG (CONCRETB BATCH PL.ANT, ASPHALT PLA{T, CO}ICRETE CASTING AND
IORMING) "AhlD ASSOCIATED ACTTVITIES AI.ID ACCESSORY USES FOR JOHN C. I\,IARTIN,
RICI{ARD I(. STEPHENSON, SCOTT M. BALCOI\,C, Juv[ES A]ID JEA]I SNYDER
WHEREA.S, the Board of Coufy Commissioners of Garfield Couaty, Colorado, has received.
application tom John C. Maflin" Riehard K. Stephenson, Scott M. Balcomb, Janes and Jean Snyder.
concemed with a Special Use Permit to allow for natural resource ertraction (sand and gravel mining),
processing (concrete batch plant, asphalt plsnt, cor.qete casting ald'forming), associated acthities and
accessoryuses;
WHEREAS, the Board heid a public hea&g on the 14e day of October, 2OOZ BrAcontiuued ttre
heumg to the Zln day of October, 2002, upon the question- of whether the above.described Special Us'e
Permit should be ganted or deaied, at. which hearing the public and interested persoos were given the
opporn:nity to express thoir opinions regarding the issuance of said Speciai Use Perm'it; and
WHEREAS, ti:e Board on ihe basis of substaniial compaent evidenee pioduced at the
aforenrentioned begriEg,Ias made the follo*ing determination of fact:
,t
MAY. lt), IUUJ ll:))rMl . LtAYt, lllllunln q AtlIr
lillJllll llllllflll lllll[ill ililI til ltil ilil llll87s Lt/tZ/2002 otrezp Eiibe FbEz-n nuGobirrit' 6 R d.sO D 0.00 GRRFTELD COUNTY CO
1' Thatproper publication and public notice were provided. as required by law for the hearingbeforo theBoard of County Commlssioaers.
2' ' That the headng before the Board of County QsmmissisDers tuas extensirre and complete, that
all pertincnl facts, matters and issues were zubmitted and that all interested parties were heard
at that hearing.
i. Thai tle applicetion is in complimce with tbe Garfeld Counfy Zoning Resolution of 197g, as
aarcnded.
4, . For the above stated nnd other reasolls, the proposed rue is in the best interest ofthe healtl,
safety, morals, convenience, order, prosperitysnd urelEre ofthe citizens of Garfield County.
Now, THEREFORE, BE IT RESOL\IED by the Board of Counfy C-oomissioners of Garfield
Couoty, Colorado, that the Special Use Permit be and hereby is approved. io alto* frr natr:ral resourcecxtragtion (sand and gfry.l rnining), processirrg (concrete be;h ph;t, asphalt plant, concrete casting and
fontaing), associated activities and accessory uses, uponthe following "p..in" *rAitioos,
1. Allproposals cf the applicant and representafions noade at ttre hearing shall be
considered.conditions of apprroval unless stated otherwfsE by the goia of County.
Commissioners.
2- Prior to issuaace of the Special Use Permiq copies of all local goverrment permits
"rnd
state and federal governnmnt agency perrnits required in orle, to r.mdertakemi*ing and lnocessing operations shall be zubauitrenio the pkuring Departnent.
3. Prior to issuance of the Speeial U.re Peunit, s. copy ofthe GruI decree for the
approral of a PIau ofAugrreatation duly
"pprovudby&e water court or a
substitute water srpplyplan duly approved-Uythe State Unginecr, Division of
. Water Resources shall be submitted byApplicant to the pronnir.,g Departneat
4. Upon completion 6f mining eptivitieg the ISDS shall be abaadoned in accorhance
with ail applicable FederaJ, State and Local reguiations is efrct at that time andthe area shall bc reclarrned.
5. AlL portablc toilet facilities shpll be located: a) outside the 100 year floodptr:n; or
b) witlinnining areas lrotected against tue.ioo year flood.
A rua.riur:m of 200 ADT. shall be allowed for the poperty in accordaace with the
Colorado Deparheot of Transportdtion Hiehyav'd".r'o*it_i*r"am r.a
upon the Colotado }Irglr*y Access Code.
I lF!6ii 52el
tl
3c
allowed by CDOT w:lireoui to
rlt,'. vJU
MAY. l b. 7UUi l i: ))rM LTAVTI\]YllUI( Iii & KAl T
bi{sir tt/tatzaaz 0tr32P 81408 PgGB n
3 of B R 0,04 O 0.00 GRRFIELD COUNTY
ililt ililI llilll l[tfl ruuil lllu]llltllllll lill
NU. UJb r. t4
3ofB
RLSDORF
c0
7,Tle operations withintl:e mining, proccssing ,nd &,cilities areas.ahall not excecdth. 7: d_P(al P q.m to 7 a.m) ard 80 db(A) (7 a.a. to 7 p.m) maximrrmpermissfrle noise level mm5p eA25 feet from il. propurry 1ine for aa industrialzoDE. Ali activities withiq the gravel pj1 shnrl ue operuej in comptirnee with theCRS' $ 25'12-103 aoise standards. Shouldther. i,
" complaint about ea<cessivenoise, it will be the ,..p0*ihility ofthe applicant to provide documentation
regarding the arnbient noise lerels and tle aoise leveis of the activity causing thecomPlaEt, colsisterrt withthe State noise standards. Aay such documentation
shali be presented to the Board of Couaty Comrissio*., ut a public lraringnotice as required by Sectiou 9.03.04.
9*."glperaitted in-c-oapliance with section 5.07 of the Garfietd Courrty
TaningResolution of 1978, as FqrFnde4 shail !s ailo,eygd oa the ploperty.
The gravel pit hours of operation shall be from 6:00 a.m to g:00 p.m, Monday.tluough Saturday a''d 8:00 a.m. to 1;00 p.rq- on Sr:ndays ftom }drch through'
November. The operating !*r during the December tirrough Fe.bn:ary p.rLd
Prior to issuaace of the Specia-l Use permit, applicant shn.I sulmil plarrs te ftePlauing Departnent depictiag the locations oi"U
"*irtiog,
and proposed electdcallines, telephone lid.es andpropane gas taaks. All suchplils subrnitted. to satisS
.this cond,itionrrust be accrytabre to the plaarfng oepartment.
Ar Ligrti,g sbatl be dow:rcsst and inwardly dirccted fq minimize safety conflictswith highway traffc aad with airplaues using the Garfield couoty ar.pln
Prior to iszuance of the SpecialU se Pernit, applicaut shall submit to the plarDing
Deparuent, a restrictive covens:rt encunbering tbe properfy now owned by
Q'psr::n Raach co., Irc and obligating *y d*. ;#;; rhereof to inpiemeat
the recoronoendations 9{th" Witdlife HLsdAvoidorce'piantomitigate wildlip
hazards to tbe Garfield Couufy P.egiouat Airport from poodr and hab'itat chtgesresuitbg fiomthe mining cf the area authorized by the'special Use per6it. Thisprotective coveEant Exst be irt a formacceptablo io the G"deld CountyAltorney.
The storage of all flamrns.ble or explosi,re substances shrll qqynriy with aJIapplicable provisiors ofthe National Fire code, and no flammabre or enplosive
materials shall be stored within a".y ueasubjeci to flooding,from the Iob-yearflood.
All material or wastes whichBight coDstifute a fie b&ard or whichmaybe edibleby or otierwise be artractive to rodents or iosects shall be stored outdoors in
10.
11.
t2.
13.
14.
9.
IUVJ LEnYtlln\JAln 0( Allnr t\U. uJ0 r. tl
l[il[!{iwr#,il,#flHiltqll$],j[nrru,r
15.
accordance with all applicalle provisions ofthe state Board ofHealth Regulationsor n:chrnatedals shal not be .iorea *itlio,h. p;;;-d,:,
Alist of all equipment and frcilities shall be provided to.tle co,nty Bccouqpnniedby evidence oftitle and other ira-r"u"r-rd[;a ,, * to a]loqr properregistratioa aadtaxation ofthe eq]'lraneat aud ficiritles. The schedure of suchproperry shsll be kept crrrrent ut ", t11.1-ita -y.rr"rger report.a to tle co,nty.Copies of tbe listG) shall be providlJto tt" e**rU Co-*U, Clerk and Recorder,the Crarfeld cormtyAsr.rroi *a tu Garfierd c"*rypr"rrqg Deparrraent.
AII vehicles and equipme.at used within F _p*p.rry aad transported. or,er publichfhways sbalr be properly *gi"t.rud *ith drc arrtr rd c"*ry crerk and. Recorder
co"rtrrliance with atternqs arrd conditions of approvar coutaioed in anypermitissuod to the appricant, its flrccessor, *
"11gr+ by any Iocar gorernment, state orfederal ,€.ercy, shalrbe deemed t" r" iooaiti.,ns ofthis speciar u se permit. Aviolatioa ofaly ofthe ternls, "oodtio* or provisions ofsuch pernnit( s) sha.[ !6deemed to constitute of viotatjon oftt. terus of approval ofthis Special U sePermit. The applicanh, their *.".r.or._*6 s5sigru, sharaotify the Garferdco'ntv rioad of commissioners "i;;t orviJation iliiot"tio* regarding thesrbject
'oidDg ahd processing operatioas, equipmeat urd, usso"iated pemrits,iesued,by a"y Iocal government or siatJ or fud"ra-1qir"y. n , o",ne, co.aryBoard ofcorrnoissiosffs shall be notified *itriol* (10) carendar days of any viora,tion unotice of po ssible violation.
Applicaot must cotlmemce operations under the terms ofthis special use perrritwithitr (1) year of the issra.i th"r."f
-This specirr1i.1"r.it !ha, gxpirs upsnthe determinstion oftbe cotorado D-ivist , "ilG;;ta o.otoo (DMG)purnrant to provisioai ofthe Section 112 DMGp;;;tt altpemrit conditiorsLave been satisfed, thar .ii r..t *util"
"ctirircJn * uJa satisfactorilycorrpreted ad the DMG reclamationb*.:"bl*g. Brryi..,loo of this special usePerrrritsha[ not rerease or terminate tre obrigatio+l
"i:ar applicabre properfyownerc to inplement all required, co"ti""lns dtE;ti;i "&rio.,All times during active mining operatiors, applicant sball mrf,lemeat aad abide byttrc reco--endations
"oot io"d wirhio ki+r-r;;;', Kirk H. Beanie,ph.D., BEATTJE NATIJMT nribtrncrs cousllifog INC., relating toand addressing the ideatified baldeagie st-'ctwe rocatea in tne Dry creek Area_
Tbere sha'be on-ooing wced conkor and mitigation in accordsnca .,nfth th'Garfi eld Co u:nty fiu. a-leo*;;;;L
16.
17.
18.
19.
20,
MAY. I b, IU(,iJ I l: )0rM LtAVEN|IUil iI & KAt(r
Datedthis_U-lldayof November .
. A.D.ZOO2
Nt"t g 1b -r. I 0.---..-
by the following vote:
21.
22.
The special use permit shaJi be reviewed or* year fiom the date issuance ofthepemcit' Applicauts,-their assignees or'ro*ur.ors sbalr provide public notioe ofsaid review in accordan* *ith"ril;;;h;;;;;#rffis for a speciar usePermit in eftct at that time. -- 5--'
Ifthere'js a cost to Garfield.go*ryfronnEEIrzIA for any future mapping ofthefloodptain, the aoorfaa,t rhr*;;'tt n agirrr"qe";ibrb if aaiviryuder thisSpecial Use pemrit i, tn.-."*" #rt*a for mapping.
cenrmro cgrrxry BOARD oFgolA/trS STONERS, GARFTELD Eo-tn rry,COLORADO
Upon motioa duly made a'd seconded tbe foregoing Rer"r,rh" d
Aye
Aye
Aye
N1AY. lb. IU(JJ ll i )bilu LtAVtNtl(Jl( H & KA|(r t\lu, 0lb-r, I /--
,J..':'
: 6of ER
STATP OI coLoRADO )
counry of Garfietd itt
ffi %ffi f ffi,r#il":]t"#:;:JJ:l-ffffi'"ffi ?['trfl ,T'x,m-"mll*i j[?
o.r*l] ffi:ilffi*J-** *'eunto set evhand aud a&ed the seal of said co*rty, at, -H/!D.Z}IZ
counfy clerk and ex-officio crerk ofthe Board of connty commissioners
EXHIBIT
e
STATE HIGHWAY ACCH.
eoL t't100.00 ,
The Permittee(s);
' Balcomb, Martin, StePhenson
Applicant; ..
Rodring Fork Resoruies
PO Box 1220 14156 BHwY 82 .
b;ra;;iit j,CL8_t_62.3L1,"0 Carbou&ilq-COJ 1-623---:--
. gto,g63-1110 ?70'963-0110
, is herebv orantbd oermission to have an access to the stato highway al tho loiation noted belor. The accoss shall tie construc{ed' maintained and used in
I ;#ffi;;it-triJ p".iii. in"ruoing tl," State Highway ecce-ss cooe and any attachrnririts. terms. condllions arrd exhitriG- This permlt may be reroked- '
I ilffit;;d'il;'ty il;i.ny iirJtrre permitted-access and its use violate lrny parts of this permit. The issuing at(hori.tV, t.!e Departmenl. and thek duly
I ;il;-"&;;'";;;;'"il.t"'e. st
"it
be held harmtess against any aaion for personat injury o property damage sustained by reason of lhe exeriise of
I tAe oermtt.'
Location:
On thc Icft (North) sidc of I-70 Frontagc Rd, approximatcly 2.28 t miles west of intcrchange access road'
[ccess to Provide Service trc:
See Noie BelowGravel Pit: 31 Acres
Not", Crtt""tive traflic impacts from the gravel pits permitted under this permit, permit 300178' an d perr.nlt 50-0.179 shall
,/"',' ''not exceed 200 ADT. ,.1\'., h __
'r terms and conditions:
i . S"" Attachcd Pages 2 and 3 and Othcr Enllosurcs for Additional Tcrms and Conditions.
L jU',H.
_'f '\9'MUNICIPALITY OR COUNTY APPROVAL
,thority-Required onlywhen the appropriate.localauthorityretains issuing rullgritv--
By
(*)
Dat€.fiUe
mndit'rons a.nd. rqfelerye{ attac.!ye1[ contained
herein. Al fins[uction inail be compteted in an expeditious and safe manner and shall tie finished within 45 dap from
lnitiation. The permifted access shati be completed in accordance with the terms and conditions of the permit prior to
of the property served by tire permltted access an{ lrave full authority tot,accept the Pefnlh and lts tgrfns and conditions.
oate " /l ?/o'/
,l
This permit is not valid until signed by a duly authorized representative of the Department.
COt ORADO DEF.ARTMENT OF TRANSPORTATION.t/- ,ffi|,(/*.-z
Date (of issue)fitle
Access Manager
Copy DlslttbuUon:P6vlous odlijoB3 rr.'obsolcte rnd meynoi br urod
CDOT Form*l0l 8/98Meks coptes as necesssry focLocalAuthodty lnspeclor
2Applicant
3.Staf.Acceca Secton
MTCE Petrol Tralfic Englneer
=7-
i
I
L
F
Eii
E€I@o:
E al
sE!.Otr,FI
5?':b'
-8,3.a o.
'= g:
rtE
IKJE
i !.rl;rEr
Fo
6.lJ
Io5
otr
E(Lx
TUt
=E,
UJ
o-
a
oc
to
E
d
6o
!
o
(o
al,,e
EE(o
o)E
E
L€
(E
Eo.
c
o4
siooo..oog
o
o
oL
.t2c
EEo
o
ootE
3(!
o.z
(E
ah.E
E!6
o
o
Eo'6o.E
Eoo,@
c.
o
_-!. EEE.iEE
HET€#eEoco6-:-
- AOb o-XE O== t! v
"-BEE *: H6->6 oE 9
EEg€iE
PH!I9E E
i; EEiE
E iB'e=i-9Esr#i,s
t -[E Be;
e sF-= ! E
o
!=o
o)
'= 6'de.qEEo
8P
6-c
BE
.Yo()o.! '6
o5
o)OOar=xE'oe6iao.tr
-oC.c
'ooC.-6=
-co@-
}.E E
E &E(!os;EP
= >,=E-O s
:t -(!6C>50o p'a
U,AC; F8firfl
3 e!
E ?.E.r'O ilr'Og(J(l,o6
EaE
'E,E ea.,) d)
ooEo€ >ra E -.Cl! EExxE d-=
(5 O.9'E
fi€ ["a
$BEE
9E *Ets EEEEIcco Br9 o
Er=E
E 9e.s
;EEE\Xt (!
$? s"'< sg';
' o'i s'E
:(!
d'EI,Oo9oh
o=.,o.REg8
;o@63'5E(DoD=:6
oQ
-9oOpo=
E8,nc
=orcEO9=o6arO
E
E(o
o
(Do
.E
8.
o
o
o36
o.ooI
3g
o,
(g
E
o
g;c
.9
UI
ooct)coEo
(DE
EE
(Ec
!,cc,6aq
o-(!
oE
o
,hcoo(Eo
=(EE
1r,
oo
=cr
PI
FItct
ci
-(\a=(\t
= -'EB.= oE ogE &E6.Eqh
Htss
i€i E,.ig?
c 6 oi'trEOh
fEPip hi P
E; E.E.9paic a ,'<'F].6r-f;;'H
"b.E"AE-3 g)(\,r
EI:E!Q EE O..!f,= o)Go--oo'= (EFc E o-
E gE€
&{abc oSfi
E.E E;c -= cLH'E9-9E
^LU! 8ET
I L&.=C O'E E
:E[,qo.o-v
EEEE
-- c 6,E b (!'E
.E>€8tr6 BEh'9: e
.@ ._-.o Xx c.='qv6t ^o'x tr.v E
e .!,a o
E$fiE*ri:-6 ts!.#
gE BI
E.
E
8.
0,4
!
uto
3
(I,
Ea
o
-c)AOJPfi
-G6o-
d
EGEc6
oco,
66.o
o
o0to
8(!
@
.Dc6
(!
6
;(I,
3
!t,)
=ot
o
E)oE
^9a,.9,o
..2Eill
!
o,oo
8
G
o
6
c6o'
E6
o.=
(DE6
E
o
!E6
P.!
J
a1}
.9,
c(!
F
o
cItrt(E6.t
g
oIc
b
oTg
6
@
.E3
RB
=<BsI&-
go
FPoX
EE
o
co,6
o
Eoo
E
o6lctc
sE8
{!'e (!
.9 bE,F8gE pbEts
= 0.2,7cCEiE
EET
.E5.F
o,c€
E
ot
?qo
o
E)c.=
.E
o
tr
..(.)
flEt!c'!!5:!olottEP!i
EE(,)O-
o5
f
8.o-p
€
c':
:o
*F
$(Eg8.
E@€e6,E}66E!
$t
.ll d
E6F'L&toO..-o
9E
fiEEE
E5
=a)'t
o)
o>ii67E6vr9
E8100{!(J
o!
Eo
,oo
o
I.n.tt:E
h
E()
oto.
e
Ctl(E
(Eooc
EE
Ptr
E_.4_-..o.
a-a(,t:>iaaaIc,air.C,r
EOgE-ugo=oo
H.5 E E:
E E E.EE'
E E +EB
E SE5;e=E O=.E Il,'--='S
E€E; EE
EE I:EE 3.EE O O E5
EE E*!E
9 !D o E o'EvL - ts- >o-==-14Ebe[=-F
EE c?EE
E-aD=!'eO O-'FX'- !)o96E-q!.
EE EgE-E
;E'3 E BE
Efi EE Ee
"EE$EE
Er= *,eEg *CEeTxE eE*t*, -.e=,ti+5 EiEE
(.
E:'E Eli
t;igaggglgEgg
e6'c
(D
(E
E
!
@io
.J(l,o.
Eoooe
oo
o)o
a\l.D
co
E
e
lnc
8
o
o
tJ
Kg)
lE.o
o
(E
()
8_b
.E
o
oo
d)go
,s
Zo
EE(Eo.o'od
PE
>EECt8hop'a,6o
.e*>.9(q'o
U}(Ecc.9=
=a.E(D!!Q
'Eh!o
(!l!co
6
=O(6
gE
bo5E
o, d)CCc:,
Ec
E=oE
*a
EE
ol (!.g>..V EooG6_7g>o.tr-(ocrPor!
EIcLogo
.so6oot
o.
!oIEoIo
c(E
o
.=
E
8"'o
;o
o(J
Eo
E
.u
E
Et
oc
o
o
TJ
Ec
8
oE
.g
d
e
(E
E
=E(D6.
o
!F
:o
o
o
IA
co
Utbait
E
ot
oildl't
(D
L
o
o
(g
(!
6
a^
EEo)6.
o-c
o
oo()
G
(l,
E)
=(!
Ta
o
d)
c
E
8..o.cF
ot
0)5
o
o>
o
6I
E.g
o
!o
€
Eo!,7
E6
ulI
,9
oI
o
o.c.
o
bI
't/'
8.
!co
Do
ooo-(!
c
ID
!
'5
.o
ooo
I}
(D
L
Io
o-o
=oE,o
@
E
o
op
o
"8.E
6
lt
6
8.
(D&
oto
Lo
6
3dI
!
ED
c
TE
(D
cE
o)
o
booo
0)IC
=co
q)
Q!
tr
tr,
g
o
E
.='oa.
E
o
E
o3,i
h.I
.9
(D
(b
.E
d}6-
o
.>.(D
.e
B
E
.E
Eo
'6o
o)
o.o
=o
Lo
Eq)
o-
.EtoI
.9
G
.c
o.?I
s
Eco
3
d
.f
.3
G,
.9
.oe
o
!
o
o
(!
=-co,
(D
(E
.o
Ib(7,(!
E(!E
5>c6+
E
=cE!
e9
HEr.h50-E,q
]o!fioEc
8.'EoOF.=
=EloPEE-c6o'o
9o
o)c'5
o
v,
E
.c
EE
a!
q
E
3
oco.
o
a
E
r!
I
E
i
.8
(oI
E
o
!
th
at6Io
E
E
L
o
o.
.co
o
a
6c
8
o
!
U''d)
=5I,6
,e
E
.9Et
o
oo
o!
E
coo
oE
e
'o.:No-o
I
qi
(o.
8
E
o,
b'(DO)6
0)
E
oI
B>
,l
Je
!o)
,L
(!
o)E
C
E
'7
{o
=
=
c
.E
o
E(D.c
o.
.oo
=.(!
,co
.=
E
8.
E.
f
t-
ddl!c
d)
E6
:6
tro
+o
T$tico
Eo
oDo.:
go
o(E
ct
o
h?
o
.E
oo
o
Eo
coo
.s
o,
ano
8o
B
L
E
oo
E
=G
o
lnoo'5
o!
E
c
8(,
E
e
co
o
E
oco.o
=oEut
d)
d)
.E
EII
F
@
!co
=Er
8"
.o
oc
;9o
L
8.o
o
.g
=6
e
C,
E
.gGo.
@
o.:t(ou}c.oLd)
-e8OG5q
f;
q;P
$$
=(g
o
oo'6
C
&o(D
6
=N
!o
o(D
Eoo.
oE
u,
6
Lg
(o
E
o.t
E
e
o
5o
8.o
o.
.E
o
o
lC
o
$
@
o
E
.c
'5
!.E
co
Ec,Eco
o
EHgHe B 6i
= o€12(E >rB c
TEpEoffcE O}C'EEEEE
c
.s),r,,o)
1l
o{,
LoI
o
8.o
E'p,5
tto
odl
Eo
.c,
6=(o
o(!
!
o3
(o
E
6oooo
.G
o,c
o
c
a)
Eo
o
o.
.E
o
!C(E
bo
=(!
,.,
o
c(E5
e5o.
ahooIoo.c
o
@
ah
o
E
Lo
!
fo
o,c
U'
.2
o
co
E
Loo.,oo
o
F
.!CE
8.
o
E
15
"9!c
,G
c
e
tsE66-t
Eco
.>.E
o.c,
(,
otc
o
.9
oE
6
1'o
Poo(s
(D
-d
lh)
E
oco
Eo
.iI'0)
6_c
.E
e
.b
E
U},ioooo
@s.
@u,
.o
oo
=an.;
E
E
8.
(DE
=.E
I
o
L.9U'CItt.:,ob(g
c.
E
ul
c,
Lo
oU'
(Uo
coEE5a,o6
o
'!,
'o
Jv,
13
{EN6
>.
o
$t,
(!
I(llo
b
.I
EL
8"
P
o
o,q
c)
Eo
'5
cf(b
L
E
a)
g
v,coo
o
(D
@
o.
Eoo
o
!.E
o
e
(E
I
->h
t56
t)
.E
6.9
o
co
Et6o.(Do
o
:b
o
o
G
.E
E
0,
(DE
(DE
.E
:
oE
@Ir!
E
TD.t
E
E.
EooatE
3ErOc>oo15:E672
38.
Eaooq7
,E'fiEd
b*
E.E
pP
E.bo'tr
ZEEEko
=tu
.o-o
oo
o
t
tsI
o
E'E
6
s
1I&
o
.o
o
=6tr
.E
t
o
o
o
5
€coo
!C6
otr
L'o
I
,g
I
5t
g
oE
o'o
o-.
E
8I
E'5I
.9
oo
E'8.
o'c
i.u-
'6
..ot
'E)c
'E
o
.E
0-
.ui
o6
8o(0
oo
e
o
C)
@
.Et(b
Cf,(!
E(!!
E.s:(E
i.Eoo
'o
(!6
1f
6
!
=6o
oE
btg
.o
!,o6.o
E'o.
o,
@
P5o
-ano
.E.-L""_'
a=
6o.
EgEtE .aa.-.b
.!,IE d3,ab
!...
=oIE
.b.E
(E
o
E
6
P a-E
=c(J
=Euo.195
EEo
EHE
Es I
lssuod to. John C. Martin, Rlchard K, Stcphcniorr, Scott M. Baicomb
TERMS AND CONDITIONS
. ,: ..
l6Jarluary 200+:
(
i
.
.
' a'
l. this'permitted access is only for thc use and purpiosc stated in thc Application'and B"r-il This permit
is issued in accordance with the Starc Highwriy Access Code (2 CCR 60t-t), and is based in part uporr . ,
theinformationbubmittedbythePermittee.Any:ubscqu@prion*ormo..dificutj"ns'---
.--. - to-the-accessor-changes-itrthtrfa-ffic Tri1 shd[ be requested for by .
means of a new application. Any changes cauiing non.compliancJ with the'Access Codc may render: this permit void, rcquiring a new permit.
' 2. The Pern'rittee is responsible for obtaining any necessary additional Federal, Statc and/or City/Csunry
permits or clearances required for construction of thc access. Approval of this access permiiaoes not
constitute verification of this action by thc perrnittee..
3. This pcrmit is issued in conjunction withpcrmit 300178 and 300179. As subh, collective traffic impacts
to the interchange frorn thc .threc pits shall not excecd that listcd on the facc of this permit,
4. A Noticc to Proceed, CDOT Form 1265 is rcquired bcfore beginning the construction of thc access or
any activity within the highway right-of-way. Thc following itcms arc required before a Notice to.
Proceed will bc issued:
i) Construction Plans Stamped by a Colorado Registered Professionai Engincer in fuIl compliance
with the State Highway Access Code.ii) Certi_f,rcatc of Insurancc Liability as pa Section 2.3(l l)(i) of the Access Code
iii) Traffic Control Plan in accordance with Scction 2.4(60 of the Access Code.
DESIGN
I 5. Access will be permitted to the Frontage Road only.
6. Thc Frontage Road to this access from the interchange to the access shall be hard swfaced in accordance
with Section 4.7 of the Access Code, Departncnt Spcpifications, and the Region Matcrials Engineer.
7. Ail design, construction, materials, and cquipment, including auxiliary lane(s), roadway irnprovemerts,
and intersection improvement(s) within the State Highway shall bc in accordance with the iollowing
Department standard re ferences, as applicable :
,. {...
:,.1i t,
i) Roadway Design Manual
ii) Materials Manual
iii) ConsE"uction Manual
iv) Standard Specifications for Road and Bridge Construction,' v) Colorado Standard Plans (M & S Standarcls) 1
vi) Manual on Uniform Traffic Conkol Deviccs O4.U.T.C.D.)
Colorado Supplement thcreto
latest edition
for Stcets and Highways and the
vii) A Policy on Geometric Design of Highways and Skeets, Ameilcan Association of State
,.,,Hig!*"y and Transportation Officials (AASHTO), latest editionviii) lnstitute of Transportation Engineer's Trip Generation manual, latest edition
ix) State Highway Access Code 2 CCR 601-lx) Roadsidc Design Guide
8. The Permittee, through a Colorado registued professional engineer shall provide design and
conslruction plans addressing, as applicable, geometry, drainage, striping, signing; anJ signalization to
the Department for approval 45 days prior to corrrmencement of any work foi thJpu.pos"s of issuing a ,
Notice to Proceed. . Design plans shall includc, but not be limited to, layout bf thc acciss, highway
, improvements, utility loeations, present and proposed drainage, pr.i"ni and proposea Aght-if-*uy lir.r,
Present and proposed traffic contol devices, and clear zone analysis. The plans shall be sealed in
.2-
STATE HIGHWAY ACCESS PERMIT 300177.
/lssuadtoJohrtC.tv1artin,*"n.'o*R,|fios.xi.'3''*-uif'?!frE1Cont.)
' ac"ordanc" with CRS 12-25-117 and shall includi the following statement on the cover page of thc '
plans:.:
( a ) .H: $'ir ?i-'..} JHi ffi fJ iffi #'*fii::"#il::i,r" H i ghwav A c ce ss cod e' 2
-r"l,f #*ilHi#H::il*sri#,:[rffi '-.-.*.],
9, A traffic impact study shall bc conductcd and submitted in accordance *ithis.rtions 2.3(4) and 2,3(5).
The traffic limitations listed on the face of this permit shall be adhered to. Vehicle'counts using the.
access shall be adjusted for vchicles longer than 20 feet in accordance with Section 2.3(a)(e). .
GEOMETRY
L
. 10. The aicess shall be constructed 25 to 40 feet wide with radii tro accornmodale thc minimum turning radii' of thc largest vehicle or 25 fcct, whichcver is greater. The local jurisdictiori'shall bc consulted for curb,' gutter, and radii rcquircrnents. li
1 1, The access shall bc constn:cted perpcndicular to the tavel lanes of thc Stat{iHigfrway for a minimurir
distance, of 40 feet, and shall slope down and away from the adjacent pavcnient edge at a rule of Toh
grade for a minimum of 20 fect. If curb and gutter are present, the slope shill be calculated from pan
line to pan line. Any revisions to this requirerncnt Shali be subject to Depuiment review and approval
prior to commcncemsnt of any work within thc highway right-of-way t
12. Pursuant to section 4.lO(2) of thc State Highway Access Code, the access r{ha*ay shall not excced a( maximum gradc of l0 percent within the highway right-of-way, as mcasure[ 50 feet bcyond thc
pavement edge and extending to the rightof-way line. The access Vertical foade shall be designed and
. constmcted in conformance with the Deparknent y & S standard M-203-l.i-
,
13. Slopes shall be at a 6:1 ratio on the roadway and a 6:1 ratio on the approachf
It
14. No drainage from this sitc shall enter onto the Statc Highway travel lanes-. fhe Permittee is required to
maintain all drainage in exceis of historical flows urd time of coircentrationlon site. All existing
drainage structures shall bc extended, modified or upgraded, as applicable, to accomrnodate all new' construction and safety standards, in accordance with the Depafiment's stanUard specifications,
1 5 . An 1 8-inch diarneter culvert with protective end teat'rnents shall be install# for this access.
16. All costs aisociated with thc installation of traflic conkol devices for this access are the responsibility of
the Pcrmittee. This includes but is not limited to the.design, construction, utility relocation, testing of
materials and inspection. i
iMATERIALS
17. The access shallbe surfaced in accordance with Section 4.7 of the Access Code immediately upon
cornpletion of earthwork construction and prior to use. This access shall be,hard surfaced in aicordance
with Sectiort 4.7 of the Access Code a minimum distance of 50 feet from the taveled way- Where the. '
hard sr.irface is to abut existing pavement,.the existing pavement shqll be saw ctlt and rernoved a '
minimum of one foot back fronr the existing edge for bituminous, or until an acceptabte existing cross
slope is achieved.
l8.PlacementofbasecourSematerialsshaIibcinaccordancewithsection3o4'04ofthestandard'
specifications. Compaction shallbe in conformance with AASHTO prbcedurcT-99.
-3.
.STATE HIGHWAY ACCESS PERMIT 300177 ;,-
16 January 200'l
lseued to John C. Martin, Rlchard K. Stephenron, Scott M. Balcomb
TERMS AND CONDITTONS (cont.)
19. The top laycr of plant mix bituminoui pavemcnt shall not bc placed bcrwein Octobcr I
unless othcrwiSc approvcd by thc Dcpartment.
and April l,
20. If frost, waler or inoish.rre is preseat in thc sub-gradi, r1o surfacing matcrials shall be placed until all. frost, water or moisture is gone or removed.
21. .Compaction sf llot Biruminous Pavcment shall be in-acbbrdance with section 4OL.l7 of thc
Department's sLandard specifications. Compaction of the Aggregate Base Courie shall comply with
section 304.06.
2i. Compaction of sub-grade, emlankrnents and backfill shall bc in accordance to section 203.07 of the
Department's standard' specifi cations.
CONSTRUCTION / UTILITIES .
23. All constnrction work must bi undcr the direction of a Colorado Registered Professionai Engincer and,
upon completion of the work, "as-built''plans shall be submitted, showing in detail all approved
construction changes, modifications, and revisions. The "as-built" plans must be sealed in aeco;dance
,with CRS 12-25-117.
24, Water, sewer, gas, electrical, communication, Iandscaping, ard tclephone insiallations will requirc
individual additional permits.
25. Survey markers or monumcnts found in statc highway right-of-way must be preserved in their original
positions. Notify thc Deparbrrent at (970) 248-i220 immediatcly upon damage to or.discovery of any
such markers or monirments at the work site. Any survey markers or monuments dishrrbed during the
execution of this permit shall be repaired and/or replaced immcdiately a! the expensc of the Pcrmittee,
26. It:shall bc the responsibility of the Permiuee to veriff the location of the cxisting utilities and norify all
utility owners or operators of any wbrk that might involvc utilities within thc State Highway right+f-
way. Any work decessary to protect existingpermitted utilities, such as an encasement will be the
responsibility of the Permiftee. Any damagc or dismption to any utilities during the construction shall
be the Permiftee's responsibility and shall be repaired or rrptaced at no cost to the Department.
TRAfFIC CONTROL
27. All work that requires t'affic control shall be supaviscd by a registered professional traffic engineer or
. by a ffaffic control supervisor ccrtified by the American Traffic Safefy Services Association (ATSSA)
or the Colorado Contractors Association (CCA). When flagging personnel are required, the contractor
in accordancc with the Departnent standads shall certify them.
28, Any incomplete consbruction activity on the State Highway that must be left ovemight, shall be
barricaded and signed in accordance with the Manual on Uniform Traffic Contol d.r.i""r and other
applicable standards.
. 29. Open cuts, which are 6 inches in depth, within 30 feet of the edge of the State Highway taveled way,' will not be left open at night, on weekends, or on holidays.
30. No more than 6 feet of trench areas shall be opened at ary one time. Open trenches and othet' excavations within the State Highway right-of-way shall be backfilled and/or paved before 3:30 P.M.. of
each working day or be protected in accordance with the M.U.T.C.D.
3 I. Any work within.state Highway right-of-way shall begin after 8:30 A.M. and all work and equipment
shall be off the highway BEFORE 3:30 P,M^ each day.
32. Two-way traffic shall be maintained at all times on the highway in accordance with the lvfUTCD and' Colorado Supplements or as otherwiie approved.
.:4 .
i'' STATE HIGHWAY ACCESS PERi,tlT 300177' isbued to John C. Martin. Rlchard K. Stcphencon, Scott M. Balcomb
18 Jhnuary 2'Q0'l ';
be removed promptly by the Permittec and at no cost to the Departrnent.
I'
39. If rhe access utilizes a gate, the gate shallbc sct back far enough from the highway sb that the longest .
vehicle using thc access can clear the roadway when the gate is closed.
i
40. Any damage to any pr"s"ni highway facilities including traffic contol devibes shall be repaired
inrmediately at no cost to thc Dcpartnncnt and prior to corttinuing other work., Ariy mud or other
material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the
Departmcnt inspcctor.
41. Areas of roadway and/or right-of-way disturbcd during this instailation shall be restored to their original
conditions to insure p.op"riu'"rrgth and stability, drainagc and erosion con&ol. Restoration shall meet
the Department's standard specifications for top-soil, fertilization, mulching, and re-seeding.
COMPLETION .
42. A fully executed gomplete copy of this pcrmit must be on thc job site with the contactor at all times
during the conskuction. Failurc to comply with this or any othcr construction requirement may result in
the immediate suspension of work by order of the Department inspector or the issuing authority.
43. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days
.
from initiation of constnrction within State Highway right-of-way.
44. The access shall be surfaced immediately upon comple tion of earthwork construction and prior to use'
45, All required access improvements shall be installed prior to the herein-authorized use of this access.
.
46. Upon completion of the access, the applicant shatl notify the Access Manager by certificd. mail within
10 days at:
Colorado Department of Transportation
Region 3 - Access Manager
222 South 6h Steet,Room 100
Grand Junction, Colorado 81501
TERMS AND CONDITIONS (cont.)
(
33, No work will be allo'ived at night, Saturdays, Sundays and legai holidays without prior authorization
from the Department. The Department day also restrict work within the S{ite Highway right-of:way
duting advbrse weathcr condiiions. i
. 3].Construction traff,rc control devices,.when not in nse, shall bc removed o, t[r*"a away from traffic. . .
-*---. M ^ TNTFNAj\ICE-------:--
35, DUST CONTROL: The entire length 6f frontage road from the access to ttie intersection shall have
magnesium chloride placbd on the road surfacc oncc every two years or mdie oftcn as necessary for
.ontiot of dust. t
36. When it is necessary to rernove any highway right-of-way fence, the Oorr, bLn either side of the access
entrance shall be securely braced witli approved end posts and in conformaflce with the Department's
M-607-l standard, before the fencc is cut, to prevcnt slacking of the remaiding fence. AII materials
rcmovcd shall be rcturncd to the Departnent. I
37. It is the responsibiliry of thc Pcimittce to prevent all livestock frorn anterin$ tte St"tc Highway right+f-
way ai this access- lrytiol. fury livestock that does entcr the highway righf-of-way shall be thc sole
responsibility of the Permittee.
i
38. Landscaping shall not obstruct sight d.istancc at any State Highway acceis $'.oint. in thc cvent the
landscaping bccomes unsightly or considaed to bc a traffic hazard, The Delartnent rnay.require that it
I
,:
I
;$.
.o.
I 6 January 2001
DEPARTMENT OF TRANSPORTATION
Reolon I Trefflc Srctlon
22i south 6th.Strart. Room 100
Crend Jrinctlon, CO 8l 501
97O-2a8-7230 offlcc
970-2.18-729a f.x
January 16,200t
To: Balcomb, Martin, StePhenson
PO Box 1220
Carbondale, CO 81623'1220
Dear Sir or Madam:
pleasc neview the attachcd Statc Higbway Access Psrmit (Form #l0l) end all enclosed sttscbmeots.
If you clhoose NOT to act on the permif ptease return the pennit unsigned.
If you urish to APPEAL the Terms and Conditions of the permi! please rcfer to the attached Form l0l
pages 2 & 3 for an explanation of the apPeal procdurcs.
If you ,qCCEPT the permit and its Te1rys and Conditions, please sign and date the Access Permit
foim on the line mar'ked "PERMITTEE". Your signahre cbnfirms yolu agreemcnt to all the
listed'llerms and Conditions.
- provide a check or money order made out to the jurisdiction named on the next line for the amount
due.
Colorado Departnent of Transportation
Malc chcck or moneY ordcr PaPble to
- Retum all copies and attachments of the Access Permit along with your payment back to the
Colorado Deparrnent of Transportation at the address noted below. The Deparunent will Process
and rehrrn to you a. validated (signed and recorded) copy of your State Highway Access Pennit'
If you thil to sign and rerurn rhe anached Access Permit withid 6o days of the datc of tbis trairsuiittd Eti;i,
colorado Departnent of Transportation willconsider this permit void.
you must obtrin aNoticc to proceed. Do Nor t 'giiiiili'fi6it'wirhiq
tbe stritc Rigltof-wcy iilihfthl'l
vatidated Access Permit and Noticc To Frocecd" UJe of this pennit without Transportation Department's
validation shall be considered a violation of State Law'
If you have any questions, please call: charles Meyer at970-248-7260
Retum Access Permit and attachments to: Region 3 Traffrc Section
222 South 6th Sreet, Room 100
Grand Junction, CO 81501
The tra,nsmigal to you of the Acccss Permit form for your approval constitutes final action by the Colorado
Department of Transportation pursuant to scction 43-2-141 C. R. S., as amended.. CDOT Form f 122 t l/99
$ 100.00
Amount Due
I
E
E
E;
'i -.-'
5[,\rE OF
Srnre HIGHwAY Ststo Hlghway No/MilSlde
070A/091,500/L
0t/16/2001
terms and crcnditions:
* Scc Attachcd pages 2 and 3 and Other Enclosures for Additional Terms and Conditions'
Msko coplos as noc€sssry lor':
Local Authod,ty lnsP€ctor
/(';
(L\
i./
r-r)
(.1
\E\
\(-
S$f
prr"t*.
"Ottlonr
rrc obrololc and may not bo uiod
CDOTFoTm#101 8/98
2.Appllc€nt
3.StafiAccBs S€ctlcn
The Permittee(s);
Balcornb, Martin, StePhenson
POBox 1220
Carbondale, C() 81623'1220
970-963-1 1 10
Applicant;
Roaring Fork Resources
14156 B Highway 82
Carbondale, CO 81623
970-963-01 10
ls h€roby granied permlsslon to n"re .n a99els.tg th€ slatE hlghway ai the locatlon noted b€low. The accesb shall be conslructed, malnlalned and used in
accofdanco wlth this p€rmlt, lncluding the state Hlghway Acceis c&e and any attacir-m-eG ierms. conditlons ancl exhlblts. Thls permlt may be revoked
by the lssulng authorlty if at any time the p-eryitlrd access and lts use vlolate ,inv p"rr. oi iirri'p"-it. rne bsulng aulhorlty, the Department and thelr duly
appolnted agents and emptoyees shall be held harmtess alainst any adlon ro, deisoniiinlury o. prop"rty damale sustalried by roason of the exerclse of
Location:
On thc left (North) sidc of I-70 Frontagc Rd, approximately 2.025 miles west of interchange access road'
Access to Provide Service to:
Gravel Pih 24 /\cres........... ":""--"-""'- See Note Below
Note: Collectivre traffic impacts from the gravel pits permltted under this permit, permit 300177, and permit 300179 shall
not exceed 200 ADT. . /i , . ). /,-,i L
MUNICIPALTTY OR COUNTY APPROVAL.
n"quii"a on$ when the appryprlate local autho
By
(x)
-
containedU]ffiIhffi; terms and conditions and refere
herein. Allconstnrction shall be completed inln eip"ortiols and sale manner an1-tli15.U:h:d,;1tl1i?,l?R1ft
iffi:'ililii"J';i,,.iiili ;&; ;;iffi;;ptered'in accordance wiin tne terms and conditions or the permit prior to
This permit is not valid untit signeo by a duly authorized representative of the Department.
MENT OF TRANSPORTATION
copy DlsHbuUon:
MTCE Palol Traffr Englneer
t'
-, ( "Lr;.t:- i.r.'
The permltti shal .to!!!.-(rrin Gleck wtttr.ttre eoiorado Departnr6nt or rrai;jriri^.Eikin in'Rlfle at 97062$2286 at
teast 48 hours prr"rio'tfirJrenctngrcon6trualon wtttrln the Stite tllghway'rldht'of'way.
must be the o*ner or legal representative of the property served by the permltted access and havs full adhority to
The person slgnlng as the permltte€ must b€ tne oivner or loga
G i *tia*fE- EETETExt-e E= rg;Ea*t €
'€g;ti-H'eEEIEIEE6[ggggggtsae;IgEfiggEErss
gE$3
BE$EEESEE?EiEEEEiEEiiiiiEiEEEEEEiEEEe
ii ggigggigg;
*ilgaaEiEgpu
gEg
igEItEagis iBsarr
-= o e'i'
istEg
IEg Ie
EEga.E
- O!! rI
EEEIE
2.
1
STATE HIGHWAY ACCESS PERMIT 300178
lssued to John C. Martin. Rlchard K. Stepheneoni Scott M. Balcomb
TERMS AND CONDITIONS
ADMINISTRATION
16 January 2001
t.This permitted access is only for the use and purpose stated in the Application and Permit. This Pcnnit
is issued in accordance with thc State Highway. Access Codc (2 CCR 601-l), and is based in part upon
the infOrmation submitted by the Peimittee, Any subsequent relocation, reccinstruction, or modifications
to t6e access or changes in the traffic volume or traffic nature using the access shall be requestcd for by
means of a new application. Any changcs causing non-compiiance with thc Access Code may render
this permit void, requiring a new permit.
The Permittce is responsible for obtaining any necessary additional Federal, State and./or Ciry/County
pennits or clearances required for construction of the access. Approval of this access permit does not
constitute verification of this action by the Permittee,
Thirs permit is issued in conjunction with pcrmit 300178 and 300179. As such, collective traffic impacs
to the interchange from the.ttrec pits shall not cxceed that listed on the facc of this permit'
A l.lotice to Proceed, CDOT Form 1265 is required before beginning the construction of the access or
any activity within the highway right-of-way. The following items are required before a Notice to
Proceed willbe issued:
i) Const'uction Plans Stamped by a Colorado Registcrcd Professional Engineer in full compliance
Construction, latcstedition
with the State Highway Acccss Code.
ii) Certificate of Insurance Liability as per Section 2.3(11)(i) of the Access Code.
iii) Traffic Control Plan in accordance with Section 2.4(6) of the Access Code.
DESIGN
5. Ac,cess will be pcrmitted to the Frontage Road only.
6. Th,s Frontage Road to this access from the intcrchange to the access shall be hard surfaced in ac.cordance
with Section 4.7 of thc Access Code, Dcpartnent Spccifications, and the Region Materials Engineer.
7. AIl, desigrr, construction, materials, and cquipmcnt, including auxiliary lane(s),"roadway improvements,
and inteisection improvement(s) within the State Highway shalt be in accordance with thc following
Departmen t standard re ferenc es, as app I i cab le :
i) Roadway Design Manual
ii) Materials Manual
iii) Construction Manual
iv) Standard Specifications for Road and Bridge
v) Colorado Standard Plans (M & S Standards)
vi) Manuai on Uniform Trafllc Control Devices (M.U.T.C.D')for Steets and llighways and the
Colorado Supplement thereto
vii) A Policy on Geometric Desigr of Highways and Streets, American Association of State
Highway and Transportation Officials (AASHTO), latest edition
viii) - Institute of Transportation Engineer's Trip Generation manual, latest edition
ix) State Highway Access Code 2 CCR 601'1
x) Roadside Desigr Guide
8. The Perminee, th,rough a Colorado registered professional engincer shall provide design'and
cc,nstruction plans addressing, as applicable; geometry, drainage, st'iping, signing, and signalization to
the Department for approval 45 days prior to corilnencement of any work for the purposes of issuing a
Notice to Proceed. Design plans shall include, but not be limited to, layout of the access, highway
improvements, utility loCati,ons, present and proposed drainage, present and proposed right'of-way lines.
present and proposed traffic control devices, and clear zone analysis, The plans shall be sealed in
STATE HIGHWAY ACCESS PERMIT 300178
lssued to John C, Martin, Rlchaict K. Stcpheneon, Scott M. Balcomb
TERMS AND CONDTTTONS (cont.)
16 January 200.1
acc'ordance with CRS l2-25'l l7 and shall includc thc following statemcnt on the cover page of theplans:
(a) "This design is in full compliance with Section 4 of the State Highway Access Code, 2CCR 60 l - I except for the following approved variances:"
(b) Note: ALL.plans must be submitted on I li' x
20'. No other plan. sheet sizes are authorized.
other scales as approved.
I 7" sheets at a minimum scale of l" =
Location drawings may be submined at
9. A h:af6c impact study shall be conducted and submined in accordance with Sections 2.3(a) and 2.3(5).
The trafhc limitations listed on the face of this pennit shall be adhered to. Vehicle counts using the
access shall be adjusted for vehicles longer than 20 feet in accordance with Section 2.3(a)(e).
GEOMETRY
10. The access shall be constructed 25 to 40 fcct widc with radii to accommodate the minimum tuming radiiof the largest vehiclc or 25 fcet, whichcver is greater. Thc local jr:risdiction shalt be consulted for curb,gutrler, and radii requircments
I l. The access shall be constructed pcrpendicular to the E'avel lanes of the State Highway for a minimum
distance of 40 feet, andshall slopc down and away from the a-djaccnt pavement edge at a raie of Zi/o
gra'Je for a minimum of 20 fect. If curb and gutter are prescnt, thc slope shall be c-alculated from pan
liner to pan line. Any revisions to this ,.lyirgrnT-t shali be subject to Department review and appioval .prior to comrnencement of any work within the highway right-of-way.
12. Pursuant to section 4.10(2) of the State Highway Access Code, the access roadway shall not eiceed a.ma;timum grade of l0 percent within 0re highway right-of-way, as measured 50 fiet bcyond thepavcment edge and- extending to the right-of-way linc. The access vertical grade shall be dcsigncd andconstructed in conformance with the Deparhnent M & s standard M-203-1.
13. slopes shall be at a 6: I ratio on the roadway and a 6: I ratio on the approach
14. No drainage from this site shall enter onto th_e State Highway tavel lanes. The pcrminee is required to
mai,ntain all drainagc in excess of historical flows and time of concenhation on site. All existing
drainage structures shall be cxtended, modified or upgraded, as applicable, to accommodate all newconstruction and safety standards, in accordance wiih-the Department's standard specifications.
15.. An I 8'inch diarneter culvert with protective end teatrnents shall be installed for this access.
16. AII costs associated with thc installation of traffic contol devices for this ".r"r, are the responsibility of
the Permittee. This includes but is not limited to the design, construction, utility relocation, testing of
materials and inspection.
MATEJ1IAL
17. The access shall be surfaced in accordancc with Section 4,7 of the Access Code immediately upon
completion of earthwork construction and prior to use, This access shall be hard surfaced in ac-cordancewith Section 4'7 of the Access Code a minimum distance of 50 feet from the traveled. way. Where the
har,dsurfaceistoabutexistingpavement,theexistingpavernentshallbeSawcutandremoveda.,
minimum of one foot back from the existing edge for bituminous, or untii an acceptable existing cross
slope is achieved.
18. Pla;ement of base course materials shall be in accordance with section 304,04 of the standard
speciltcations. Compaction shall be in conformance with AASHTO procedure T-99.
-3.
STATE HIGHWAY ACCESS PERMIT 300178
lssued to John C. Martin, Richard K. St6phenaon, Scott M. Belcomb
16 January2001
TERMS AND CONDITIONS (cont.)
19. Thetoplayerof plantmixbituminouspavementshallnotbeplacedbetweenOctobcr I andApril I,
unlerss otherwise appSovcd by the Dcpartmcnt.
20. tf frost, water or moisture is present in the sub-grade, no surfacing materials shall be placed until all
frost, watcr or moisrure is gone or removed.
2 1. Cornpaction of Hot Bituminous Pavement shall be in accordance with section 401.17 of the
Deprartment's standard specifications, Compaction of the Aggregate Base Course shall comply with
section 304.06.
22.' Compaction of sub-grade, embankments and backfill shall be in accordance to section 203.07 of the
Department's standard specifications.
CONS'I'RUCTiON / UTILITIES
23. All construction work must be under thc direction of a Colorado Registered Profissional Engineer and,
upon completion of the work, "as-built" plans shall be submitted, showing in detail all approved
construction changes, modifications, and revisions. The "as-built" plans must be sealed in accordance
with CRS l2-25-l17.
24. Water, sewert gas, electrical, communication, land,scaping, and tclephone installations will require
individual additional permits.
25. Survey markers or monuments found in state highway right-of-way must be preserved in their original
posritions. Notify the Departrnent at (970) 248-7220 immediately upon damage to or discoyery of any
such markers or monuments at the work site. Any survey markers or monuments disturbed during the
execution of this permit shall be repaired andl/or replaced immediately at the expense of the Permittee.
26. It shall be the responsibility of the Permittec to verify the location of the existing utilities and notify all
utility owners or operators of any work that might involve utilities within the State Highway right-of-
wa,y. Any work neccssary to protcct existing permitted utilities, such as an encasement will be the
responsibility of the Permittce. Any damage or dismption to any utilities during the conskuction shall
be the Permittee's responsibility and shall be repaired or replaced at no cost to the Department.
TRJUIFIC CONTROL
27. All work that requires traffic control shall be supervised by a registered professional taffrc engineer or
by a taffic control supcrvisor certified by the American Traffic Safety Services Association (ATSSA)
or the Colorado Contractors Association (CCA). When flagging personnel are required, the contractor
in raccordance with the Departncnt standards shall certify thcm.
28. Any incomplete construction activity on the State Highway that must be left ovemight, shall be
barricaded and signed in accordance with the Manual on Uniforrn Traffic Conkol Devices and other
applicable standards.
29, Opren cuts, which are 6 inches in depth, within 30 feet of the edge of the State Highway traveled way,
will not be left open at night, on weekends, or on holidays.
30. No more than 6 feet of trench areas shall be opened at any one time. Open kenches and other
excavations within the State Highway right-of-way shall be backfilled and/or paved before 3:30 P,M^ of
ear:h working day or be protccted in accordance with the M.U.T.C.D.
31. Aly work within State Highway right-of-way shall begin after 8:30 A.M. and all work and equipment
sh,all be off the highway BEFORE 3:30 P.M. each day.
32. Trvo-way traffic shall be maintained at all times on the highway in accordance with the MUTCD and
Colorado Supplements or as otherwise approved.
L
EF
j
I
I
,4-
33.
34.
STATE HIGHWAY ACCESS PERMIT 300178
lssued to John C. Martin, Richard K. Stcphcnron. Scott M. Balcomb
16 January 2001
TFRMS AND CONDTTIONS (cont.)
No work will be allowcd at night, Saturdays, Sundays and legal holidays without prior authorization
frorn the Department. The Departmmt rnay also rcstrict work within the State Highway right-of-way
during adverse weather conditions.
Corrstntction Eaffic control devices, when not in use, shall be removed or tumed away from traffic.
MAIM'ENANCE
35, DUST CONTROL: Thc entire length of frontage road from the access to the intersection shall havc
magnesium chloride placed on the road surface once every rwo years or more often as necessary for
control of dust.
36. When it is necessary to remove any highway righrof-way fence, the posts on either sidc of the acccss
entrance shall be securely braced with approved end posts and in conformance with the Department's
M-(i07'l standard, before the fencc is cut, to prevent slacking of the remaining fence. All rnaterials
rerrrovcd shall bc returned to the Depzrtncnt.
37. It is the responsibility of thc Permittee to prevent all livestock from entering the State Highway rightof-
way at this access location. Any livcstock that does enter the highway right-of-way shall be the solc
responsibility of the Permittee.
38. Landscaping shall not obstruct sight distancc at any Statc Highway access point. In the event the
lanriscaping becomes unsightly or considered to be a traffic hazard, The Department may require that it
be removed promptly by the Permittec and at no cost to the Departrnent.
39. If thc access utilizes a gate, the gate shall be set back far anough from the highway so that the longest
vehicle using thc access can clear the roadway when the gate is closed.
40. Any damagc to any present highway facilities including traffic control devices shall be repaired
inrncdiately at no cost to thc Departrnent and prior to continuing other work. Any mud or othcr
matterial tracked or othenvise deposited on the roadway shall bc removed daily or as ordered by the
Departrnent inspector.
4l . Areas of roadway and./or right-of-way disturbed during this installation shall be restored to their original
corrditions to insure.proper strength and stabiliry, drainage and erosion control. Restoration shall meet
the Department's standard specifications for top-soil, fertilization, mulching, and re-seeding.
COMPLETION
42. A fully executed completc copy of this permit must be on the job site with the contractor at all times
. during the construction. Failure to comply with this or any other construction requirement may result in
the immediate suspension of work by order of the Department inspector or the issuing authority.
43. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days
from initiation of construction within State Highway right-of-way.
44. Thr: acccss shall be surfaced immediately upon completion of earthwork conskuction and prior to use.
45, All required access improvements shall be installed prior to the herein-authorized use of this access.
46. Upon completion of the access, the applicant shall notify the Access Manager by certified mail within
10 days at:
^ ,Colorado Department of Transportation
Region 3 -Access Manager
222 South 66 Street, Room 100
Grand Junction, Colorado 81501
-5.
16 January 2001.STATE HTGHWAY ACCESS PERtr,ltT 3oOtZg
lssued to Johri C. M.artin. Rlchard K. Stephcnson, Siott U. Belcomb
TERMS AND CONDITIONS (cont.)
.6-
(
DEPARTM ENT OF TRAN SPORTATION
R.glon , Trrlllc Stcrlon
222 South 6ih Strctt. Room I 0o
Grrnd Junctlon, CO E I S0I
970-218-7230 offlce
97A;218-729a lu
January 16,2001
To: James & Jean Snyder
3879 County Road 346
silt, co 81652-9668
Dear James & Jean Snyder:
Pleasc rwiew the cttschcd Strtc Highway Acce$ Permit(Form #l0l) and all enclosed a[achrircots.
If ybu choose NOT to act on the permit, please retum the permit unsigned.
If you wish to APPEAL the Terms and Conditions of the permit, please refer to the attached Form l0l
pages 2 & 3 for an explanation of tlre appealprocdures.
If you ACCEPT the permit and its Terms and Conditions, please sign and date tire Access Pennit
form on the line marked:'PERMITTEE". Your signature confims your agreement to all the .
listed Terms and Conditions.
- Provide a check or money order made out to the jurisdiction named on the next line for the amount
due.
Colorado Deparknent of Transportation
Mrha chek or,moncy ordcr popblc o
- Return all copies and attachments of thc Access Permit along with your payment back to the
Colorado Deparffrent of Transportation at the address noted below. The Departrnent will process
and return to you a validated (signed and recorded) copy of your State HiShway Access Permit.
lf you fail to sign and return the attached Access Permitwithin 6O days of the dati oithif'biidiudJiiiff,
Colorado Departnent of Transportation will consider this pcrmit Void.
you muh dbuiftifNo"6drbt[&de*Dbi!fi t$dlii'ao]'H6i(,iiithin the s6'rc nietrt<if-wiey i]iilbiiTd
validatcd Lccces pailit'ifidildhcc To'Pro<IiU. Use of this permit without Transportation Department's
validation shall be considered a violation of State Law.
If you have any questions, please call: Charles Meyer ar 97A-248-723Q
Retum Access Permit and attachments to: Region 3 Trafiic Section
222 South 6th Steet, Room 100
Grand Junction, CO 81501
Thc transmlttal to you of the Access Permit form lor your approval constitutes Frnal action by lhe Colorado
Department of Transportation pursuant to section 43-2- 147 C. R. S,, as amended.
CDOT Form #122 I l/99
s 100.00
Amount Duc
riXfE HtdHwnY AccESS PERMIT
-gm( too.oo
i=,....ffi- trPlicant;GFermittee(s);
rames & rean snYder ffil?Btfi":ffi;H"
3879 CountY Road 346 Carbondaie, CO 81623
silt, co 816s2-9668 g1o-963-0't 10910-625-2s29 .
s h€r€by granted permrssion to hav€ an a@oss-to the state hrghway at thB rocauon noted below' The accl.ss shall * construc{ed' malntalned and used in
rccordance with thls p€rmit, includrng th€ stat€.High*"v-e*"i" c-,i.le and any attac;-;;-t " i;;t, conoltions and &hi-uttt' rni" permit may be revoked
rv the rssulng authority tt at ani time-tne permrtted ,."..i .na n. use viorate i.y p.i. ;iil['prr'.it. itr. rss'rng''iinoatv' the Department and thelr duly
.i,pornreo astnts and "r.0,":J;LX'i'i.]]'iln.ii'iii-rriJJ.
agarnsr any aclroo ror *oJt"ilnll'i['**[ o"#"iJ*.iti'iiJ uv "it"n ot *'e e*ttcttt or
Location:
onthclcft(North)sidcofI.?0FrontageRd,approximatelyl.0g8mileswcstofintcrchange
ffiss tc Profrservice to:
Gravel Pit: 151 Acres """""' "-"-'-"""See Note Below
Note:collectivetralficimpactsfromthegravelpitspermittedunderthispermit,permit
not erceed 200 ADT'
6iher terrns and conditions:
,ceAttachedPages2and3andothcrEnclosuresforAdditionalTcrmsandConditions.
road.Iteloti 7:>',a6' *'.'..
I
tx
77,
Mako coples ss necessarY loc
Aequlrad:
l.Regton
2.Appllcont
3.Staff A.coss Soc{on
Local Autho.ity
MTCE Pstrol
lnspoctor
Traffic En{lneer
State Xrgh*"Y No/MilSlde
o?0A/093.930/L
01/16/2001
i{\;rqi(s(.{
rO({
Ir .N
$^q
UUXTCIPru-TTY OR COUNTY APPROVAL
HYfi';Jffi'; ffi ,!; ;rrffi i; i*it :ltr,".ttv'"t,i;.t'
By
(x)
:ll5l;fJ$ffi .H,iu'::fl i',nffi 6""iffi it1,itiif"Tfl d*:imliidrnJsneowithin45davsrrom
rnitiation. The permrtted access sha, be "orp'i"i"Jin
accordance *iih fi;i;;r'ano conaitpns of the permit prior to
and have fult authorltY to
This permit i. not u"tiiffi.ud Uy
"ddly
authorized representative
;'oi5-RAao oem
Access ManagerttM
u-/y Olstrlbuuon:
Prcvlout:.dltlon3 lri ob'olotlcDOT
Form li0,l 8/9s
f
Iu,".*$h,:,,,,
i
&. . '"'; '.
\qi,,-.. , -' i ''- ,_
The permfttee stral! ri.g
least 48 liourePrlor to
oo
gtEggtgtlggt
EEi$iEBiErEE
: E igEfrr E IE gl
E IEgEEEEE 3E EE
lggiligBfliiilEggiiiggi-iiiiEtfuIE$EgaBE$;
, .=
EEEaEgag*EEEI
- O!lE FJ
iEiEiEEEIiiagEi$BEIEEEIEifuEiEiEiEEEig
itettE!1[11gEg;g1;E-;gEg{gEg-gg1|EataEle
HEEEE
STATE HIGHWAY ACCESS
lssued to James and Jean SnYder
PERMIT 300179
TERMS AND CONDITIONS
i .<..i,,:! r::. -i
16 January 2001
ADMTNISTRATION
l. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit
is issued in accordance with the Statc Highway Access Code (2 CCR 601-l), and is based in part uPon
the information submitted by the Permittee. Any subsequent relocation, reconstuction, or modifications
to the access or changes in thc traffic volumi or traffic nahre using the access shall be requested for by
means of a new application. Any changcs causing non-compliance with the Access Code may render
this permit void, icquiring " n.* permit.
2. The Permittee is responsibte for obtaining any necessary additional Federal, State and/or Ciry/County
permits or clearances required for construction of the access. Approval of this access permit does not
constitute verification of this action by the Pcrmittee.
3. This pcrmit is issued in conjunction with permit 300178 and 300179. As such, collectivc taffrc impacB
to thi interchange from the thrce pis shall not exceed that listed on the face of this permit.
4, A Notice to hoceed, CDOT Form 1265 is required bcfore bcginning the conshruction of the access or
any activity within the highway right+f.way. Thc following items are required before a Notice to
Proceed will be issued:
i) Construction Plans Srimped by a Colorado Registered Professional Engincer in full compliance
with the Statc Highway Access Code.
ii) Ccrtificate of lnsurance Liability as per Section 2.3(11)(i) of the Access Code.
iii) Traffic Control Plan in accordance with Section 2.4(6) of the Access Code.
DESIGN
5. .Access will bc pcrmitted to the Frontage Road only.
6. The Frontage Road to this access from the interchange to the access shall be hard surfaced in accordance
with Section 4.7 of the Access Code, Department Specificafions, and the Region Materials Engineer.
7. AII disign, construction, materials, and equipment, including auxiliary lane(s), roadway improvements,
and inteisection improvement(s) within the State Highway shall be in accordance with the following
Department standard references, as applicable:
i) Roadway Design Manual
ii) Materials Manual
iii) Construction Manual
Construction, latest editioniv) Standard Specifications for Road and Bridge
v) Colorado Standard Plans M & S Standards)
for Streets and HighwaYs and thevi) Manual on Uniform Traffic ConEol Dcvices (M.U.T.C.D.)
Colorado SupPlcment thereto
vii) A Poiicy on Geometric Design of Highways and Streets, American Association of State
Highway and Transportation Officials (AASHTO), latcst cditibn
viii) Institute of Transportation Engineer's Trip Generation manual, latest edition
ix) State Highway Acc€ss Code 2 CCR 601-l
x) Roadsidc Desigrr Guide
8. The Perminee, th,rough a Colorado registered professional engineer shall provide dcsign and
construction plans addressing, as applicable, geometry, drainage, skiping, signing, and signalization to
the Departmint for approval 45 days prior to cornmencement of any work for the purposes of issuing a
Notice to Proceed, Design plans shall include, but not be limited to, layout of the access, highway
improvements, utility locations, present and proposed drainage, present and proposed right-of-way lines,
prisent and proposed traffic control devices, and clear zone analysis. The plans shall be sealed in
I
-2.-
. STRTE HIGHWAY ACCESS.PERMIT 3OO1 79
lssued to Jarnss and Jean SnYder
TERMS AND CONDITIONS (cont.)
accordance with CRS 12-25-ll7 and shall include the following statement on the cover page of the
plans:
(a) "This design is in fullcompliance with Section 4 of the State Highway Access Code;2
CCR 601'l except for the following approved variances:"
(b) Note: ALL plans must be submitted on I t" x 17" sheets at a minimum scale of l" =
20'. No other plan sheet sizes are authorized. Location drawings rnay be submitted at'
other scales as approved
9. A traffic impact study shall be conducted and submined in accordance with Sections 2.3(4) and 2'3(5).
The traffic limitations listed on the face of this permit shall be adhered to. Vehicle counts using the
access shallbc adjusted for vehicles longer than 20 fect in accordance with Section 2'3(a)(e).
GEOMETRY
10. The access shall be constructed 25 to 40 fect wide with radii to accommodate the minimum turning radii
of the largest vehicle or 25 fcct, whichcver is greater. The local jurisdiction shall be consulted for.curb,
gutter, and radii requircments.
1 1. The access shall be constructed perpendicular to the U'avel lancs of the State Highway for a minimum
distance of 40 feet, and shall slope down and away from the adjacent pavement edge at aizte of 2'/o
grade for a minimum of 20 feet. If curb and gutter are presen! the slope shall be calculated from pan .
line to pan line, Any revisions to this requiremcnt shall be subject to Deparrment rerriew and approval
prior to comlnencement of any work within the highway rightof-way
1 2. Pursuant to section 4. 10(2) of the Statc Highway Access Code, the access roadway shall not exceed a
maximum grade of l0 percent within the highway right-of-way, as meastued 50 feet bcyond the
pavement edgc and extending to thc right-of-way line. Thc access vertical grade shall be designed and
constructed in conformance with thc Departrnent M & S standard M-203-1.
13. Slopes shall be at a 6: I ratio on the roadway and a 6:1 ratio on the approach.
14. No drainage from this site shall enter onto the State Highway travel lanes, The Perminee is required to
. maintain all drainage in excess of historical flows and time of concentration on site. All existing
drainage structureJshall be extended, modifred or upgraded, as applicable, to accommodatc all new
construction and safery standards, in accordance with the Department's standard specifications.
15. An 18-inch diameter culvert with protective end treatments shall be installed for this access.
16. AII costs associated with the installation of taffic control devices for this access are the responsibility of
the Permittee. This includes but is not limitcd to the desigrr, construction, utility relocation, testing of
materials and inspcction.
MATERI.ALS
17. The access shall bc surfaced in accordance with Section 4.7 of the Access Code imnrediateiy upon'
completion ofearthwork construction and prior to use- This access shall be hard surfaced in accordance:
with.section 4.7 of.the Access Code a minimum distance of 50 feet from the kaveled way. Where thq
hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a
minimum of one foot back from the existing edge for bituminous, or until an acceptable existihg cross
slope is achieved.
18. Placement of base course matcrials shall be in accordance with section 304.04 oIthe standard
specifications. Compaction shall be in conformance with AASHTO procedure T-99.
',,'.,.
16 January 2001
-3-
STATE HIGHWAY ACCESS PERMIT 300179
lssued to James and Jean SnYdcr
TERMS AND CONDITIONS (cont.)
16 January 2001
t9, The top layer of plant mix bituminous pavement shall not bc placed betwcen October I and April I '
unless othenvise approved by thc Department.
20. If frost, water or moisture is present in the sub-grade. no surfacing materials shall be placed until all
ttost, water or moisture is gone or removed,
2 I . Compaction of Hot Biruminous Pavement shall bc in accordance with section 401 ,17 of the
Department's standard specifications. Compaction of the Aggregate Base Course shall comply with
section 304.06'
22. Compaction of sub-grade, embankments and backfill shall be in accordance to section 203.07 of thc
Department's standard specifi cations.
CONSTRUCTION / UTILMIES
23. All construction work must be under thc dircction of a Colorado Registered Professional Engineer and,
upon completion of the work, "as-built'' plans shall be submined, showing in detail all approved
cinstructibn changes, modifications, and revisions. The "as-built" plans must be sealed in accordance
with CRS 12-25-117.
24. Water, sewer, gas, elec6ical, communication,landscaping, and telephone instailations will require
individual additional permits.
25. Survey markers or monumerts found in state highway right-of-way must be preserved in their original
positions, Notify the Departmcnt at (9?0) 2,48-7220 imrnediately upon damage to or discovcry of any
Such markers or mongments at the work site. Any survey markers or monuments disnrbed durin! the
execution of this permit shall be repaired and/or replaced irnmediately at the expensc of thc Permittce.
26. It shall be the rcsponsibility of the Permittee to verifu thc location of the existing utilities and notifu all
utility owners or Lperators of any work that might involve utilities within the State Highway;ght-of-
*.y.- Any work necessary to protect existing permitted utilities, such as an encasement will be the. ..
responsibility of the Pcrmittei. Any damagc or disruption t9 *y utilities during the construction shall
be ihe Permittee's responsibility and shall be repaired or replaced at no cost to the Department.
TRAFFIC CONTROL
22. All work that requires Eaffic control shallbe supervised by a registered professional traffic engineer or '
by a trafhc connbl supervisor certified by the American Traffic Safety Services Association (ATSSA)
oi the Colorado Contractors Association (CCA). When flagging personnel are required, the conhactor
in accordance with the Department standards shall certify thcm'
28. fuiy incomplete construction activity on the State Highway that must be left overnight, shall be
barricaded and signed in accordance with the Manual on Uniform Traffic Control Devices and other
applicable standards.
29. Open cuts, which are 6 inches in depth, within 30 feet of the edge of the State Highway traveied way,
will not be left open at night, on weekends, or on holidays.
30, No more than 6 feet of tench areas shallbe opened at any one time. Open tenches and other
excavations within the Siate Highway right-oi-way shall be backfilled and/or paved before 3:30 P.M. of
each working day or be protected in accordance with the M.U.T'C.D.
3 1,, Any work within State Highway right-of-way shall begin after 8:30 A.M, and all work and equipment
shall be off the highway BEFORE 3:30 P.M. each day.
32, Two-way rraff,rc shall be maintained at all times on the highway in accordance with the MUTCD and
Colorado Supplements or as otherwise approved
.4.
STATE HIGHWAY ACCESS PERMIT 300179
lssued to James and Jeen Snyder
1 6 January 2001
TERMS AND CONDITIONS (cont.)
33. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization
from the Department. Thc Department may also restrict work within the State Highway right-of-way
during adverse weather conditions.
34. Consbruction traffic control deviccs, when not in use, shall bc removed or turned away from traffic.
MAINTENANCE
35, DUST CONTROL: The entire lcngth of frontagc road from the access t9 the ihtersection shall have
magnesium chloride placed on the road surface once every two years or more often as necessary for '.
control of dust.
36, When it is necessary to remove any highway right-of-way fence, the posts on either side of the access
entrance shall. be securely braced with approved end posts and in conformance with the Department's
M-607-l standard, before the fence is cut, to prevert slacking of thc remaining fence. AII materials
removed shall be returned to the Deparhnent.
37. It is the responsibility of the Permittee to prevent all livestock from cntering the State Highway rightof-
way at this access location. Any livestock that docs enter the highway right-of-way shall be the sole
responsibility of the Permittee.
38. Landscaping shall not obstruct sight distance at any State Highway access point. In the event the
landscaping becomes unSightly or considered to be a traffic hazard, The Departrnent may require that it
be removed promptly by the Permittee and at no cost to the Departrnent.
39. tf the access utilizes a gate, the gate shall be set back far enough from the highway so that the longest
vehicle using the access can clear the roadway whan the gate is closed.
40. Any damage to any prescnt highway facilities including traffic conuol devices shall be rcpaired
immediately at no cost to thc Department and prior to continuing other work. Any mud or other
material trackcd or otherwise deposited on the roadway shall be removed daily or as ordered by the
Department inspector.
4 I . Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original
conditions to insure proper strength and stabilify, &ainage and erosion control. Restoration shall meet
the Department's standard spccifications for top-soil, fertilization, mulching, and re-seeding.
COMPLETION
42. A fully executed complete copy of this pcrmit must be on the job site with the contactor at all times
during the construction. Failure to comply with this or any other constr:ction requirement may result in
the immediate suspension of work by order of the Department inspector or the. issuing authoriry.
43. The access shall bc completqd in an expeditious and safe manner and shail be completed within 45 days
from initiation of construction within State Highway right-of-way.
44. The access shall be surfaced immediately upon completion of earthwork construction and prior to use,
45. All required access improvements shall be installed prior to the herein-authorized use of this access,
46. Upon completion of the access, the applicant shall notify the Access Manager by certifred mail within
10 days at:
Colorado Deparlment of Transportati on
Region 3 - Access Manager
222 South 66 Street, Room 100
Grand Junction, Colorado 81501
a
16 January 200:l, i .r ,r ., '.t.t - ;. , .
STATE.HIGHWAY ACCESS PERMIT'300179
lssued to'Jam8s and Joan SnYder , .'; TE'RMS AND CONDITIONS (cont.)
.6-
STATE OF C
DIVISION OF RECTAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 802O3
Phone: (3O3) 866'3567
FAX:003) 832€106
PermitNumber:
Type ofPermit:
Permit Date:
M-200G018
ll}c
November 14,2006
(Anniversary date for
annual rePort and fees
purposes)
COLORADODIVISION O!
RECLAMATIONMINING
-&-SAFETY
Bill Owens
Covernor
Russell George
Executive Director
Ronald W. Clttany
Division Diredor
Natural Resource Trustee
I
i
:!
I
;l
li
.i
THIS PERMIT is issued by the Mined Land Reclamation Boar4 Deparfment of Natmal Resources, State of
Colorado.
RECITALS
A. The permittee, Lafarge West, Inc. desires to conduct a mining operation known as North Bank
Resources, for the purpor" of exbactinl sand and grayel. unless this permit is modified or a separate permit is issued to
cover the mining and/or recovery of other rninerats or extactive prcducts, the Permittee will not mine or recover any
other commodities at this site'
B. On October 3, 2006 the Mned Land Reclamation Board (the "Board") approved the Permittee's
application for this perrrit, fixed the amount of the financial warranty and directed that this permit be issued upon the
filing with the Division of Reclarnation, Mining and safety (the "iivision") of performance warranty and finanoial
warranty 1o, *urrunti"rl i., A" u*ourrt so fixed i, fo*, and substance approved by the Division' Said warranties have
been filed with the Division.
C. If the permittee desires to extact materials other than those listed in (A), a separate permit or a perrrit
modification maY be required.
D.Onoctober3,2oo6theBoardmadethefollowingfindings:
1. The application for this permit cornplies with the requiranants of the Colorado Mined Land
Reclamation Act for the Extraction of Constuction Materi"lr, C.n.s. 34'32.5'10l et seq., as amende4 and with all
applicable local, state and federal laws;
2. The operation will not adversely affect the stabiiity of any significan! valuable, and permaneut
man-made sructure located *ithi, two hrmdred feet of ihe Affected Land, except where thEre is an agreement between
the operator and the persons having an interest in the sfructure that damage to the structure is to be compensated for by
the permittee or if such * ugr"*# cannot be reached an engineering analysis establishes no damage will occrn to the
sbructure to the satisfaction ofthe Division; and;
Office of
Mined Land Reclamation
ofllce of
Active and lnactive Mines
-2-
3. The proposed mining and reclamation operations can be carried out in conformance with the
requiremenh ofthe Ac! and the consbuction Material Rules and Regulations'
E. The pennittee has made a showing satisfactory to the Board: 1) that it will anpioy, during and after its
rmderground mining and/or surface operations, priceduras
^desigrred
to rnininnze environmental disturbance from such
operation; 2) that it will provide for reclamatiln or me Affected Lands appropriate to the subsequent beneficial use of
such lands; and 3) tt ai in'the "vent
of the failure of its proposed reciarration plan, it will take whatever measures may be
necessary to assure the success of reolamation of the lands uff""t"d by such operations in accordance with the Act'
F. A copy of the permittee's applicatron, as amended and supplemurted, has been approved by the Board
and is, by this reference, incorporated herein'
G. The issuance of this permit does not relieve the Permittee from having to comply with all applicable
Federal, State and County statutes, including State water law'
GRANTS. CONDMONS AND AGREEMENTS
The Board, in reliance upon the representations and promises made in the permit application, as amended and
supplemented, and the performance wurrunty, i"r"by issues a life of the mine permit to the Perrnittee, to engage in the
operafions dessribed in the application on certain lands lying in the c-ounty of Garfield, state of colorado' These lands
are described in the permit application, a, ,rrrnded and suppl=anented and re referred to herein as the "Affected Lands"'
This perrrit is issued zubject to the following conditions and agreemants:
l) The permittee will be bound by all applicable requiranents of the Act, and all applicable rules and
regulations of the Board, as amended from time io ti-", tt " terms of the permit application, the tenns of the performance
*Irr*ty, and the terms of the financial warranty filed with the Division-
Z) The psrmittee wilt file with the Division its annual report and fees on each anniversary date of this
permit.
3) If anatyses of the mining and reclamation operation and the data oollected though monitoring and
experimentation by the permittee o. *onitorirg by the DMsion indicate that the operation will not be able to comply
wiih the requirernents of the Act and applicaf,le-rules and regulations of the Board, the Permittee hereby agrees to
exercise its best efforts, after consulting with the Division, to modify the plans to correct suoh deficiencies in the future'
Such modifrcations may require technical revisions or amendments to the permit
4) The Boar4 or its authorized represantative may enter upon the la1d9 of the permitted operation at all
reasonable times for trr. p*po." of inspection to determine whether the prbvisions of the Act, Rules and Regulations' and
permit have been cornplied with pursuant to C'R'S' 3+325-l2l'
5) This permit may 66 revoked or suspended for non+orrpliance with the Act or applicable rules or
regulations promulgatedby the Board, the permit, orby violation of a Board Order'
6) a) pursuant to 3*32.5-li8(5) of the Ac! the Board has a right of antry to reclaim the lands
affected by the operation, or to respond to an erncrgancy as defined by c.R.S. 34-32.5'121(2',)'
-3-
b) The Board wiil enter the lands to perform reclamation only if the Board has determined:
i.
lands has notbeen Performed, or
ii. that financial warranty forfeiture proceedings described in the Act or similar provisions
of subsequent laws, if any, have been initiated'
c) The Division, acting for the Board, will enter lands to respond to an emergency only where the
Division determines that any of the conditions of Construction Material Rule 8.4.2. exist.
7) The additional conditions set forth in the attached rider, ifany, are incorporated herein by reference.
/-l a) Rider is attached-
IXX! b) No rider is attached.
MINED I-AND RECLAMATION BOARD
RONALD W. CATTANY
Division Director
that reclamation required the perrnit, statute, or regUlations to be performed upon zuch
EXHIBIT
COURT USE ONLY
Case Number: 06CW20
Div.: Ctrm.:
DISTRICT COURT, WATER DIV. 5, COLORADO
Court Address: Garfield County Courthouse
109 Eighth Street, Suite 104
Clenwood SPrings, CO 81601
TelePhone No' (970) 945'5075
Facsimile No' (970) 945-8756
TION FOR WATER
RIGHTS OF:
LAFARCE WEST, INC-, a Delaware Corporation'
and
NORTH BANK HOLDINGS, LLC, a Colorado Limited
Liability ComPanY
IN GARFIELD COTINTY
Attorneys for Co-Applicant Lafarge West, Inc':
David H. McConaughY, # 26165
Nicole D. Garrimone, # 32088
Garfield & Hecht, P.C.
420 Seventh Street, Suite 100
Glenwood SPrings, CO 81601
Telephone: (970) 947 -1936
Facsimile: (970) 947 -1937
E-mail: nsarrintone(Dsarfieldhecht'cont
Attorneysfor Co-Applicant North Bank Holdings' LLC:
Scott M. Balcomb, #1376
Balcomb & Green, P.C.
818 Colorado Avenue
P.O. Drawer 790
I Glenwood Springs, CO 81602
Telephone: (970) 945-6546
Facsimile: (970) 945-8902
E-mail: sc
RULING OF THE REFEREE AND
JUDGMENT AND DECREE OF THE WATER COURT
District Court, Water Div. 5, Colorado
Case No. 06CW20; Application of Lafarge West, Inc', et a/'
nriing ottl,. Referee and Judgment and Decree of the Water Court
Page 2 ol 20
The above-captioned application was filed on February 28,2006 and was referred to the
undersigned Water Referee foi Water Oivision No. 5, State of Colorado, by the Water Judge of
said Court in accordance with the provisions of Article 92, Chapter 37' C R l: known as the
water Rights Determination and Administration Act of 1969' The undersigned Referee' having
made such investigations as are necessary to determine. whether or not the statements in the
application are true, unJ nuuing become.iully advised-with respect to the subject matter in the
"ppii.",i"r,
does heieby make tle following Ruling as the Referee in this matter'
l. Appticants. The names and addresses of the Applicants are:
Lafarge West, Inc'
c/o Eric Reckentine
P,O. Drawer 368
North Bank Holdings, LLC
P.O. Box 790
Glenwood SPrings, CO 81602
Glcnwood SPrings, CO 81602
2. Application. An Application for underground water Rights, change of.water Rights'
and Approval of Plan for Augmentation was fiIed on February 28,2006 (the "Application")'
if,. rtu*r.nts in the Application are true, except as modified herein'
3. Notice and Jurisdiction. Timely and adequate notice of the Application was given as
,equired by law. The Court has jurisdiction over the Application and all interested persons'
whether thiy have filed statements of opposition as parties or not.
4. Statements of Opposition. The tirne for filing statements of opposition' as set forth in
C.R.S. g 37-g2-302(1Xc), has expired. No statements of opposition were filed against the
Application.
5. summary of Consultation. on Novemb er 2, 2006 the Division Engineer for water
Division No.5 filed u R"po* of the Division Engineer Summary of consultation concerning the
Application in this case. The Court has considered that Summary of Consultation' pursuant to
c.R.s. $ 37-92-305(4).
6. First Claim for Conditional Underground Waler Rights' The Applicants request a
decree confirming conditional underground iater rights for the North Bank Gravel Pit Well A
and the North Bank Gravel Pit well B, more fully described as follows:
A, Name of Structure: North Bank Gravet Pit Well A
06CW20-Ruling doc
District Court, Water Div- 5, Colorado
Case No. 06CW20l Application of Lathrge West, lnc', et a/'
Ruling of the Referee and Judgment and Decrce oflthe Water Coufl
Page 3 ol20
i. Legal description: The center of the gravel pit well is located in the
NWI/4 of th; SW1/4 of Section 12, Township 6 South, Range 93 West of
it " Oln p.M. at a point approximately 2,300 feet from the south section line
andl,000feetfromthewestsectionlineofsaidSectionl2.
ii. source: Alluvial groundwater tributary to the colorado River
iii. Depth of Well: North Bank Gravel Pit Well A will be excavated to a
dePth of aPProximately 27 feet'
iv. Appropriation Date: December 8, 2005
v. Amount: 300 g.P.m., conditional
Total annual diversion: up to 233 acre-feet
vi. Uses: Evaporation and industrial uses, including gravel production' dust
control, and truck and equipment washing'
vii. Remarks: Maximum total annual diversions of 233 acre-feet are for both
North Bank Gravel Pit A and North Bank Gravel Pit B. The combined
total exposed surface area for both gravel pits is estimated to be 70 acres'
B. Name of Structure: North Bank Gravel Pit Wcll B
i. Legal description: The center of the gravel pit well is located in the
SWI/4 of the NEl/4 of Section 12, Township 6 South, Range 93 West of
the 6,h p.M. at a point approximately 2,100 feet from the north section line
andl,500feetfromtheeastsectionlineofsaidSectionl2.
ii. Source: Alluvial groundwater tributary to the colorado River
iii. Depth of Well: North Bank Gravel Pit Well B will be excavated to a
dePth of aPProximatelY 27 feet'
iv. Appropriation Date: December 8' 2005
v. Amount: 300 g.P.m., conditional
Total annual diversion: up to 233 acre-feet
06CW2GRuling.doc
District Cotrrt, Waler Div. 5, Colorado
Cut. No. 06CW20; Application of Lafarge West, lnc'' et a/'
nuiing of tte Referee antl Judgment and Decree of the Water Court
Page 4 of20
vi. Uses: Evaporation and industrial uses, including gravet production, dust
control, and truck and equipment washing'
vii. Remarks: Maximum total annual diversions of 233 acre-feet are for both
NorthBankcravelPitAandNorthBankGravelPitB.Thecombined
,oioi .*por.d surface area for both gravel pits is estimated to be 70 acres'
7. second claim for change of water Rights. The Applicants request approval for a
change of water right for the Stoblugh Ditch and Eyre Ditch, described as follows:
A. Name of structures for which change is sought: Stobaugh Ditch and Eyre Ditch
From previous decrees:
ii. Decreed Points of diversion:
a) Stobaueh Ditch. The headgate is located on the north bank of the
cotorut Riu* near the east line of Section 7 ,T. 6 S., R 92 W. of
the 6tl'P.M.
InCaseNo.W.3526,WaterDivisionNo.5,thepointofdiversion
fortheApplicants'interestsinthestobaughDitchwaterrights
were chanl;d to alternate pump stations along the colorado River,
described as follows:
ffihangeo[w.aterrightfortheStobaughDitchPriorityNo.l08andtheEyreDitch
priority No. 59; tro*"rrr,'lfpiluntr' in't"r"rt ]: ,.h. Ienior water rights for those ditches is sufficient to inigate the
land historically inigated fro, tt, subject aircf,.r. On the recimmendation of the Division Engineer in his
Sumnrary of consultatior: il;;;t; npp'ticunts' t irto.iJ consumptive use for the Stobaugh Ditch and Eyre Ditch
a."r..a irerein is attributed to the senior water rights forthose ditches'
06CW20-Ruling.doc
I 1/20/18835/ll/1889
2t15l18845/1 1/1889
I11.
District Court, Water Div. 5, Colorado
Case No. 06CW20; Application of Lafarge West, Inc', et a/'
Ruling olthe Releree and Judgnlent and Decree ofthe Water Court
Page 5 of20
l)ThenewpointofdiversionoftheStobaughDitchislocated
in Lot 1, Section l2,T'6 S', R' 93 W' of the 6'' P'M' at a
pointwhencetheNWCornerofsaidSection12bearsN.
61 degrees 50'W' 5,200 feet'
2) Alternate point of diversion No' I is located in Lot 1'
Section ti, t.6 S', R' 93 w' of the 6'h P'M' at a point
whencetheNWComerofsaidSection12bearsN.65
degrees 25'W. 5,920 feet'
3) Aliernate point of diversion No. 2 is located in the SWI/4
NEli4 of bection 12,T' 6 S', R' 93 W' of the 6th P'M' at a
pointwhencetheNWCornerofsaidSection12bearsN.
50 degrees 45'W.4,170 feet'
b)EyreDitch.Theheadgateislocatedonthenorthbankofthe
Colorado niurt, on itctlon 12, T' 6 S', R 93 W' of the 6th P'M'
InCaseNo.W-3524,WaterDivisionNo'5'thepointofdiversion
for the Applicants' interest in the Eyre Ditch water rights was
changedtoalternatepumpstationsontheColoradoRiver,
described as follows:
l)ThenewpointofdiversionoftheEyreDitchislocatedin
Lot 3, Settion 17,T.6 S., R' 93 w' of the 6'n P'M' at a
pointwhencetheNWCornerofsaidSection12bearsN.
33 degrees 25'W. 3,690 feet'
2) Alteniate point of diversion No. 1 is located in Lot 3,
Section ti,r.6 S., R.93 w' of the 6'h P'M' at a point
whencetheNWCornerofsaidSection12bearsN.2l
degrees l5' W. 3,880 feet'
3) Aliernate point of diversion No. 2 is located in Lot 4,
Section ti,t.6 S., R, 93 w' of the 6'h P'M' at a point
whencetheNWCornerofsaidSection12bearsN.03
degrees 20'W. 3,880 feet'
Source: Colorado River
Decreed Use: lnigation
06CW20-Ruling'doc
lv.
District Court, Water Div. 5, Colorado
C.r. N". OACW2O; Application of Lafarge West' lnc'' el a/'
[riirg "f
it," n.f"iee and Judgment and Decree olthe Water Court
Page 5 of20
B. Proposed Change: Applicants' interest in the above-described water rights in
the st;;;h fitt.t '*a ivr. oitl! were .historicallv used to irrigate
approximate ly 77 .5 acres of la;'JOn tt e North Bank property, located on the north
bank of the Colorado River ir'i*ii"" i2, Township 6-South']tl*e 9.3 West of
the 6'h P.M. The inigated l;J i, ,ho*n'on the Historically Irrigated Land and
Dry-upMapattachedheretoasFigure2andincorporatedhereinbyreference'
ffiJH#i"ixiiyifuT#ir" li*:i*!
r*ri,irg consumptiv. ,tt tttAitt shall bJused to replace Applicants' out-
of-priority depletions under the plan for augmentation described below'
ii.EvreDitch'TheApplicantsclaimconsumptiveusecreditsassociatedwith
the dry_up of appro*i.itely a7 acres_ofjand historically irrigated using
Applicants' interest in the'Eyre Ditch,-Priority No' l9' The resulting
consumptive use ...Ji,t shuil Ue used to replace Applicants' out-of-
priority depletions under the plan for augmentation described below'
g. Third claim for Approval of Plan for Augmentation' The Applicants request
Ipprouui of a ptan for augmentation, more fully described below:
A. Structures to be Augmented:
i. North Bank Gravel pit Wetl A, described in Paragraph 6-A above'
ii.NorthBankGravelPitWellB,describedinParagraph6'8above.
B. Water rights to be used for augmentation:
The plan for augmentation is based on off-setting future out-of-priority depletions
to the colorado River resulting from grulr"L*irring operationi and evaporation with historical
consumptive use associuted wi-th tt. Oty-up of nlS.acres under the Stobaugh Ditch and Eyre
Ditch and historical consumptiv. ur. urrotiated with the removal by mining activities of 4'5
acres of phreatophyt". ""Jfr,.Oophyte.s,
including willows, cottonwoods' and hydrophytic grass'
The 77.Sacres historically inigated with SioUaugi Ditch-and. Eyre.Ditch *"t:-1i,:1the 4'5 acres
of phreatophyt. r"**ut ur. ,lio*n on Figuie 2 il"reto' The historical consumptive use does not
fully off-set future depletions. There[ore, "*""t" o"of-priority depletions will be augmented by
06CW20-Ruling.doc
District Court, Water Div. 5, Colorado
6ni. No. OoCw2O; Application of Lafarge West' lnc'' et.a'l'
nui*g oi rt,. llel'eree and Jtrdgnrent and Decree of the Water Court
Page 7 of20
relcases from Green Mountain Reservoir or Ruedi Reservoir under a water Service contract with
West Divide water Conservancy District (wDwCD). Th.^ storage release requirement at full
build-outofthegravelpitwellsi.sestimatedtobe2l.8acre-feetperyear.
i. Historical Consumpti-ve Use
Appiicants orvn water rights in the- Stobaugh Ditch
-and
Eyre Ditch'
described i, p;;gdh iabove, ttrat wer-e historically used to inigate 77.5 acres of land
on the North Bank property, wtrich irrigated land .is identified on Figure 2' The
Applicants claim consumptive use crcdits"from the dry-up of the historically inigated
land. Using the Modified Blaney-criddle method, the Applicants' engineer calculated
the evapotranspiration rate to be2'28 acre-feet per acre'
Applicants' interest in the Stobaugh Ditch, Priority No' l7 was historically
used to irrigate 1b.5 u"r", on the North Bank property' Based on historical diversion
records una un-"uufotranspiration rate of 2.28 aire-feet per acre' the Applicants' interest
in the stobargt pii"r, is associated *itt, un average historical consumptive use credit of
61.69 acre-f"E, p.t v""t. Applicants' interest in the Eyre Ditch, Priority No' 19 was
historically used to irrigate 47 acres on the North Bank property' Based on historical
diversion records and an evapotranspiration rate of 2'28 acre-feet per acre' the
Applicants' interest in the Eyre Diich is associated with an avetage historical
consumptive use credit of 95'71 acre-feet per year'
Basedontheforegoing,theApplicants,totalaveragehistorical
consumptive use credit under the pli'n for augmentation is 157 '4 acre-feet per year' the
monthly distribution of which is shown on Table l ' below'
ii. Phreatoohvte Removal
ApplicantLafargeWest'sgravelminingoperationswillresultinthe
removal of approxi*ately 4.i acres of *illo*, cottonwood, and hydrophytic grass
vegetation ro.ai.o on the North Bank property. te location of those phreatophytes is
identified on ngri" z. Using the'modified Blaney-Criddle -method^with
growth
coefficients proposed by SE Rantz in-u ,,uOy titled "A.Suggested Method.for Estimating
Evaporation by Native fh.eatophyte.,; USCS 1968, the Applicants' engineer estimated
the phreatophytic credit to be 2.86 a.i.-f..t per acre' For the 4'5 acres of phreatophytes
removed by gravel mining operations, the Applicants claim an annual consumptive use
credit of 12.85 acre-feet, the *onirriv dittribuiion of which is shown on Table 1' below'
06CW20-Ruling.doc
District Court, Water Div. 5, Colorado
Case No. 06CW20; Application of Lafarge West, Inc., ct a/.
Ituling of the Ret'eree and Judgment and Decree olthe WaterCourt
Puge 8 of20
Mo n t h I y D is t r ib u t i oltt-#" lm p tive U s e c r ed i ts
Month:
January
February
March
April
May
June
July
August
September
October
November
December
TOTALS:
Drv-up
Credit (AF):
0.00
0.00
0.00
0.65
2t.84
34.70
42.62
35.00
19.69
2.90
0.00
0.00
Phreatophyte
Credit (AF):
0.00
0.00
0.00
1.34
1.85
2.25
2.43
2,15
1.61
1.23
0.00
0.00
157.39 AF 12.85 AF
iii. West Divide Water Conservancy District Supplies
Applicant Lafarge West has obtained amended Water Allotment Contract
No. 060420f-Wial from the West Divide Water Conservancy District (WDWCD)
providing for the release of up to l3'3 acre-feet of water from the storage reseryoirs
iescribed below. That amount is more than half of the total estimated contract water
06CW20-Rtrlirtg.doc
District Court, Water Div. 5, Colorado
Case No. 06ClV20; Application of Lafarge West, Inc., e/ a/.
Ruling of the Referee and Judgment and Decree of the water Couft
Page 9 of 20
obligation for full build-out of the North Bank Gravel Pit Wells A and B (24.0 acre-feet
including l\oh for transit losses) and is sufficient to augment full depletions caused by
Applicant's gravel rnining operations plus evaporation from build-out of one of the North
Bank Gravel Pit Wells (up to 40 acres of exposed surface area). As gravel mining
progresses and before additional contract water is needed to augment the Applicants'
increased water depletions, the Applicants will purchase the remaining contract water
needed in order to replace all out-of-priority depletions, including transit losses
associated with storage water deliveries. The total estimated contract water obligation of
24.0 acre-feet is based on a recalculation of historical irrigation and phreatophytic
consumptive use, which were revised based on comments of the Division Engineer's
Office.
a) Ruedi Reservoir: By Water Service Agreement dated May 12, 1982
between WDWCD and the United States Bureau of Reclamation, WDWCD has
the right to call for the release of up to 100 acre feet per year from Ruedi
Reservoir for augmentation and other purposes. The term of this Water Service
Agreement extends until September 30, 2019, and may be extended at
WDWCD's option for an additional 40 years. WDWCD also obtained the right to
call for the release of an additional 500 acre-feet per year from Ruedi Reservoir
for augmentation and other purposes.
l) Decree Entered: June 20, 1958
Case No.: C.A. 4613, Garheld County District Court.
2) Legal Description of Poin(s) of Diversion or Place of Storage:
Ruedi Reservoir is located in parts of Sections 7, 8, 9, 1l and l4
through 18, Township 8 South, Range 84 West,6th P.M., in Eagle
and Pitkin Counties. The dam thereof is located in the NW 114 of
Section 18, Township 8 South, Range 84 West, 6th P.M., its exact
location being described as follows: The initial point of survey of
said dam is on the right abutment thereof at a point whence the
Southwest corner of Section 7, Township 8 South, Range 84 West,
6'h P.M. bears North 68058' at a distance of 426 feet.
3) Source: The Frying Pan River, tributary to the Roaring Fork River,
tributary to the Colorado River.
4) Appropriation Date: JulY 29,1957
06CW20-Ru ling.doc
District Coun, Water Div' 5, Colorado
irt. fl". OOC*20; Application of Lafarge West' lnc'' cr a/'
nrirg "rii" n.f.iee and Judgment and Decree of the Water Court
Page I0 of20
5) Amount: 101,369 acre feet
6) Use: Domestic, municipal' irrigation' industrial' generation of
efect,itat energy, stock watering and piscatorial uses'
7)Remarks:wDwCDhasaninterestin600acrefeetofwaterfrom
Ruedi Reservoir pursuant to contracts between WDWCD and the
Bureau of Reclamation'
b) Green Mountain l-t':'i*'. By contract dated October 2l' 1998'
between wDwcD uni th. united states, wowcn has the right to call for the
release of up to 150 acre feet per year from Green Mountain Reservoir for
municipal/domestic ur.s und 50 acre ieet per year for category B industrial use'
The contract uecame eifective on the date of execution and will remain in effect
for a period of zs yeais thereafter. The contract may be ren_ewed for an additional
term of 25 years ,p";;;i;;;iequest to the Contratting Officer on or before two
years prior to the expiration of this contract'
l) Decree Entered: October 12' 1955' Case N^o': (2782' 5016 and
SOfZl,U'ii"a-itutt'DistrictCourt'DistrictofColorado'
2)LegalDescriptionofPoint(s)ofDiversionorPlaceofStorage:
GreenMountainReservoirontheBlueRiver,atributaryofthe
coro*ooiiu., i, located in all or parts of Sections 1 1 , 1 2, I 3, I 4,
fSurrJZ+,iownship2So*h'RanieS0West'andSectionslT'18'
$,2;,1i,-is',ii'il ana 3d Township 2 South' Range 79 West'
;*'p.il., Summit County. Siation g + 00 on the dam axis bears
South3603l'45"Westadistanceofll'165feetfromtheSW
CornerofSectionf'to*n'i'if2South'RangeS0West'6'hP'M''
thence the axis bears North 21000'00" East'
3)Source:BlueRiverandalltribtrtariesoftheBlueRiverupstream
fromthedamandBtliotcjeekbymeansofitsdiversioncanal,all
of t"nitf' are witfrin the Colorado River Basin'
4) Appropriation Date: August 1' 1935
06CW20-Ruling doc
District Court, Waler Div. 5, Colorado
Iru. N". OOCW2O; Application of Lafarge West' lnc ' ct.a/'
nrirg "f
itt. n.feiee and Judgment and Decree of the Water Court
Page ll of20
5) Amount: 154'645 acre feet
6) Use: Green Mountain Reservoir provides storage to supply water
for use in accordanco with paragraph 5Ja)' (b) a{ f). of the
section titled "Mann.t oi Cipera-tion of ^P^roject
facilities and
;;;iii"ty Features" in Senate Document 80' The Reservotr was
"rtfr"tirla to provide replacement water for senior downstream
diversion rights in western Colorado when water is diverted to or
stored for use i, t*t.* Colorado through the Colorado-Big
it ornpro, Project. Additional capacity Yus provided
.
for
hydroelectri. po*., generation and. beneflrcial uses in western
Colorado including i,i'gation, municipal/domestic' and industrial
USCS.
C. Statement of Plan for Augmentation:
i, Nature and Purpose of Plan
ApplicantLafargeWestislesseeoftheNorthBankproperty,located
alons the north bank oithe CJlorado River in Section 12, Township 6 South' Range 93
fr"J?;i;;;;t*.ii., in carfretd County, Colorado. See map attached hereto as Figure I
and incorporated herein by reference a.pplicant Lafarge Wist is leasing the North Bank
property from Applic"rii.r"nr, gant< Holdings, LLC in order to perform gravel mining
operations.
Thepurposeoftheaugmentationplandescribedhereinistoprotectthe
water supply for the NJnt Bank Gravif pii W"fft a and B during the pendency of gravel
mining operations and during the post-reclamation phase' The wells have junior water
rights that are subject to u .ufl by downstreum ,enioi water rights' Therefore' depletions
caused by evaporati""-ft"* the gravei pits and from uses associated with the gravel
mining operation must be augmented'
out-of-prioritydepletionsfromtheNorthBankGravelPitWellswillbe
augmented using iristJri.ut "onrr.ptive
use credits, phreatophyte removal credits' and
augmenration ,rorug"" iu;;;; il;h"..0 t-* it " wesr6ivide water Conservancy District'
all"as described in Paragraph 8'B above'
06CW20'Ruling.doc
ll.
Distrtct Court, Water Div. 5, Colorado
;;'N". 0aCw20; Application of Lafarge west' lnc'' et-al'
rri*g "f ti. nefeiee and Judgment and Decree of the Watcr Cou(
Page 12 of 20
a) Gravel Mining OPerations
Water uses associated with the Applicant's gravel mining
operations include gravel production, dust control, and truck and equipment
washing. At full production, iii. r*i'n*ed that the North Bank Gravel Pit will
produce sio,ooo ions of gravel per year. A net moisture loss of 4 percent by
weight will occur with the gravel mining process' and the water use is 100 percent
consumptive. At 550,000 rons plr f..riiry2, the estimated water diversions and
depletions for gravel production u.e ii 16.2 acre'feet per year, which will be
distributedequallybymonththroughouttheyearasshownonExhibitA,attached
hereto and in-orporated herein by reference'
It is estimated that 20,000 gallons of water per day will be. required
for dust conrrol during the period from M]arch through Nove1be11-f.each Year of
mining operations. At 25 work days per month, the imount of water used for dust
control is 1.54 acre-feet p., *onth. The water use is 100 percent consumptive,
for a total dust control depletion of 13.86 acre-feet per year'
Water will be used for truck and equipment washing from March
through November of each v"ur or*iring operationi for an average of 25 work
days per month. It is estimat.J ,iro, 1,0'O-gaflons of water per day will be needed
for truck .rJ.qrip*.rt *u.r,in!. rrt. *ulr use is 100 percent consumptive' for
a total depletion of 0'72 acre-feet per year'
Total water diversions and depletions for gravel production, dust
control,andtruckandequipmentwashinguscsassociatedwiththemining
operationsareshownonBxtriuite'Totalannualdiversionsandstream
depletions for those uses are estimated to be 30'78 acre-feet'
b) Pond EvaPoration
Stream depletions will occur from the evaporation of exposed
groundwater in the Nortti nun[-Cr*.t Pit Wells created by mining operations'
Thegravelpitswillu,.,.ut.aou.'tt,.lifeoftheminingoperationand,at
completion of mining op"ruiionr, ih" totul surface area of the gravel pits will be
uP t; 70 acres, as shown on Figure I '
06CW 20- Rul ing.doc
District Court, Water Div. 5, Colorado
il; N". 06C'w201 Application of Lafarge west' lnc" ct.a/'
i"ii.g "iin. n.feree and Judgment and Decree oltlre Water Court
Page l3 ol20
Evaporation was calculated using the SEO method outlined in the
General Guidelines for Substitu" wu,.r suppl! Plans for Sand and Gravel Pits'
The totalffiffi; from z0 acr..-oi "*iored
surface area is estimated to be
202.12 acre-feet per year, distributed Inorihly as shown on Exhibit B attached
hereto and incorporated herein by reference'
iii. Augmentation Requirements
a) Augmentation During Gravel Mining Operations
ExhibitC,attachedheretoandincoqporatedhereinbyreference,
shows the anticipated mondly depletions_and augmentation requirernents
schedute iur,"g;;;;;i -ining''op.riions.. fola].annual depletions associated
with the gravel mining operati?ns?it "quat
232:?0 acre-feet at full build-out of
the gravel pit wells. The North Bank Gravel Pit wells will be located adjacent to
and within 100 feet of the corotuoo River in a shallow' highly porous gravel
formation hydraulically .onn..rra to the colorado River' The timing of strearn
depletions irorn tt. usis of the gravel pit ponds are presumed to be instantaneous'
During mining operations, Applicants do not anticipate frequent
changes between a di*utered pii
"10
a pond; ho*ever, some variation in mining
operations mav occur' ShouldTpplicants cease dewat:Tgi:I1::t-:-ti* to tull
build-out of each gravel pit ponoit ut may result in a temporary increlse of strearn
depletions until th-e watei lerei-of ttre gravel pit pond reaches equilibrium with the
surrounding groundwater. As a resilt, duiing mining operations prior to full
buitd-out of each gravel pit pona, Afpliiants.sh--all not ciase dewatering activities
unless: ili-ri*v [ur. ,urr,rient augmentation water available to replace the
additional stream depletions, .','ia.n"I of which shall be submitted to the Division
f,ngireer; ot iiil tf'ttt is no downstream call on the Colorado River'
Totalstreamdepletionsatfullbuild-outofthegravelmining
operation include ta7.g acre-ieli-oi po,"nrial out-of-prioriry depletions that will
occur during the historicat catiperio6from downstream senior water rights on the
Colorado River. In an extrem;;; yJr, the call has historicaliy occurred for a
week in April and t,t"y, r,o,n ,ia]lun" through october, and for a week in
November. If a downst.r;';;ii ;ccurs outside of that historical call period'
e,ppf icants *iit oU,uin additional contract storage water from a source upstream of
06CW20-Ruling,doc
District Court, Watcr Div. 5, Colorado
ffiil. ilC'rrzo; npplicaiion of Lafarge west' lnc'' e' a/'
nrii"g "f
it t n.feiee and Judgment and Decree of the Water Court
Page 14 of20
the Applicants' depletions, in an amount sufficient to replace Applicants'
depletions during th.-;;;;il"d call period plus transit l?'.::t, or Applicants will
curtail uses accordingtt. Should the-Applicants obtain additional contract storage
water, evidence of such augmentation water shall be provided to the Division
Engineer for Water Division 5'
AsshownonExhibitC,mostofApplicant'sout-of.priority
depletions will be *L,n.^,Jrsing historical consumpt6 use from the dry-up of
.17.5 acresof land under the Applican'ts'ownership inthe stobaugh Ditch and the
Eyre Ditch uno urin!'ptr."ilptv," credits from the removal of 4.5 acres of
phreatophyte vegetatiin. The ipplicants' ditch rights dedica.ted to this plan for
augmentarion have ;;i;r prioriti.i and are not subject to a call from downstream
water rights.
Augmentationwaterwillalsobeprovidedfromthestoragewater
sources identified in subparagraph g.c_ above as necessary to augment o'1-9{-
priority depletions ;;;;;uiiio. of,the historical irrigation season or which
are not replaced by;i.;;'.i;r .o.rr-ptive use and/or phreatophyte credits. The
analysisofdepletionsandaugmentationrequirementsshownonExhibitC
indicates that2L 8 acre-feet of contract water isrequired to replace the depletions
notcoveredUVinigutlonaO-"Oandphreatophyteremovul::gi"atfullbuild-out
of the gravel ,*iru'"p#i"rr. Including ten percent^(10."/') for transit losses
associated with deliieri of ,"s"*oi, storagi walel, the Applicants' total contract
water purchus. oUtigition ui frf f build-ouiof mining operations is 24'0 acre-feet
per year. sr.t, uunriil*; may be modified per c.R.S. $$ 37-80-102(7) and37-
[i_io+ as determined necessary by the Division Engineer.
Build-outoftheNorthBankGravelPitWellswilloccurover
severalyears,andApplicants'--augmentationobligationwillcorrespondto
development of trre grai[i pit *arr. E*ruur. full build-out of the g'*:t l-'j].:ll:
will not o.ru, foro..u".ur years, Applicants will purchase the augmentatton
contract water in two phases. Prior to the issuancJ of this decree, Applicants
purchased 13.3 acre-feei of contract water, more than.hll-f :f the amount required
to ausment rutr uuiia-lut oltt'" No'tr' sa;k d*:'l:l]^t'l:.o "o B' As gravel
mining progresses urJ urio* additional contract water is needed to augment the
Applicants,ln...uoa*aterdepletions,Applicantsshallpurchasetheremaining
contract water req"ui;i ;;rfient fuil
-Urifa-o"t
of the North Bank Gravel Pit
06CW20-RulinS.doc
District Court, Watcr Div. 5, Colorado
Case No. 06CW20; Application of Lafarge West, Inc', e/ rrl
Ruling of the lteferee and Judgment and Decree of the Water Court
Page l5 of20
Wells. Applicants shall provide evidence of the additionai augmentation contract
water to thi Division Engineer for Water Division 5'
The Applicants acknowledge that the state Engineer's office may
only issue well permiii for gravel pit wells the.build-out of which contract water
na. Ueen prrchased at the tiire weil permit applications are submitted' As shown
on r,xnibit D, attached hereto and incorporated herein by reference, the
Applicants' 13.3 acre-feet of conract water is more than enough to augment out-
of-prioriif depletions from both mining operations and evaporation from a gravel
pit well lf up ,o 40 acres in surface aiea. The Applicants shall limit gravel
mining operations to the conditions of the well permits'
b)AugmentationDuringPost-ReclamationPhase
Followingthecessationofminingoperations,{ulingthepost.
reclamation phase, the only consumptive ule of water will be caused by
evaporation from the North
-Bank
Gravel Pit Wells' So long as groundwater is
exposed to the atmosphere from the North Bank Gravel Pit Wells' Applicant shall
be responsible to replace the evaporation depletions caused thereby in perpetuity'
During post-reclamation, total annual evaporative losses ate
estimated tobe 202.12 acre-feet per year' of that amount, 132'20 acre-feet will
be out-of-priority during the historical call period from downstream senior water
rights on t'he Coiorado Riuer. If a downstream call occurs outside of the historical
call period, Applicant will obtain additional contract storage water from a source
upstream of tt e depletions, in an amount suffrcient to replace Applicant's
depletions during the extended call period plus transit losses' Should the
Applicant obtain;dditional contract storage water, evidence of such augmentation
water shall be provided to the Division Engineer for water Division 5'
Duringthepost-reclamationphase,out-of-prioriryevaporative
depletions will be augmented using historical consumptive use and phreatophyte
removal credits, as ivell as contract storage water. The schedule of post-
reclamation depietions and replacement water requirements is thown on Exhibit
E, attached heieto and incorporated herein by. reference. The analysis of post-
,..tu*uiion depletions and aug*entation requirements indicates that l4'37 acre-
feet of contract water is requirJd to replace evaporative depletions not covered by
inigation dry-up and phreatophyte removal credits' Including ten percent (10%)
06CW20-Ruling.doc
District Court, Water Div' 5, Colorado
Case No. 06CW20; Application of Lafarge West' Inc" el al
nuiing of 0t. Referee and Judgment and Decree of the Water Court
Page l6 of20
for transit losses associated with delivery of reservoir storage water' the
Applicants' total contract waier purchase obiigation during the post-reclamation
phaseisl5.S0acre-feetperyear.,suchtransitlo.'.'maybemodifiedperC.R.S.
$$ 37-g0-102(7) and 3z-d3-104 as determined necessary by the Division
Engineer.
g. conditional water Rights Granted. Regarding th,e claim for conditional underground
water rights identified in t[. Application uia deicribed above, the Applicants have
demonstrared, in conforrnance wittr i.x's. $ 37-92-305-(9Xb), that the water subject to those
claims can and will be diverted and controllei ana beneficially used with diligence and within a
reasonable Period of time'
The apptication for underground water rights for the North Bank Gravel Pit wells A and
B are hereby approved for 300 g.p.m. conditioial, with a totai annual diversion of up to 233
acre-feet, for industrll us"s forliuvet pond evaporation, gravel production, dust control' and
truck and equipment washing, with an upptoptiation date olDecember 8' 2005' at the locations
and from the source identifrid in faragtapt 6 abov-e; tubj:t', however' to all earlier priority
rights of others ura toiie integration una t'auutation by the-Division Engineer of such priorities
in accordance with law.
10. Change of Water Rights Approved'
A.Thechangeofwaterrightsrequest0dintheApplicationanddescribedin
paragraph Z above will"not injuriousiy affeci the.owners of or persons entitled to use
waterunderavestedwaterrightordecreedconditionalwaterright.C.R.S.$37.92-
305(3).
B. The 77.5 acres of tand historically irrigated with the changed water rights
will be permanently removed from irrigation' Augmentation credit for the changed water
rights shatl be limited to the rnot tfrfi volumes iet forth in Table 1 at Paragraph 8'B
above.
C.ThechangeofwaterrightsfortheStobaughDitchandtheEyreDitch,as
more fully described in paragraf,i-7 ,lou., is hereby approved, subject to retained
jurisdiction as provided herein.. {u.n r.,uln"d jurisdiction shall extend to consideration
of the imptementution of the change of water. iightt but not to the historical use of the
changed rights. Farmer's neseruiT, A brigatioiCo' v' Consolidated Mutual V/ater Co''
33 P.3d 799 (Colo' 2001)'
05CW20-Rulirrg.tloc
District Court, Water Div. 5, Colorado
6r.* lr". oiCw2o; Application of Lafarge west' Inc'' et.a/.
nriing "f ,t,"R.feiee and Judgment and Decree of the Water Court
Page l7 ol20
11. Plan for Augmentation Approved. The plan for augmentation described in Paragraph 8
above is herebY approved.
A.Theproposedplanforaugmentatl-o]r-Teelsthestatutorycriteriaforaplan
for augment"ti;;;; iottt' in'c'n s: $$
"3r9'-103(9)' -302(l) & (2)' -30s(3)' (5)' & (8)
as one contemplated by law. rr," "ugir"rtation
(replacement) water provided by the plan
will be of a quality and quantity so"as to meet the requirements for which the water of
senior upp.opiiriiJrr t "r=""r*ully
been used. If operated in accordance with the terms
and conditions of this Ruling, the use of water from the North Bank Gravel Pit wells A
and B will no"t i";rri"*iv #i."t tt. owners of or persons entitled to use water under a
vested water righi or decreed conditional water right'
B. The Applicants have provided tl:-ggltt proof of the' signed Water
Allotment contract No. 060420LWi^j *irtr wDwcD for the initial amount of
augmentation-*u,", required in the ptun rot augmentation approved herein' Before
Applicants' depletions exceed.tire Jugmentation water available to augment those
depletions, the Applicants shall puitf'""" ]fre r.e1f1ing contract' water 'required
to
augment full build-out of the Noitr nant Gravel Pit Wells' Applicants shall provide
evidenceoftheadditionalaugmentationcontractwatertotheDivisionEngineerfor
Warer Division 5. Each year, nppii.u"tt shall provide the Division Engineer copies of
receipts o,. oii,., documentation ividencing thl existence of a valid water allotment
contract for rePlacernent water'
The Applicant and its assigns understand that the WDWCD augmentation
supply i, uu.J upon a limiteo .ont.it term in the underlying contracts between
wDwcD and the U.S. Bureau of Reclamation and if such contracts should expire' fail to
be renewed, or are terminated, and an alternative source of replacement water is not
included in this decree uy p,op", o."nd,"n, prior to such expiration, curtailrnent of all
out-of.prioritydiversionswilloccur'Totheextentthatexerciseoftherightssought
herein o.p.ia, *pon ,r. of Green Mountain or Ruedi Reservoir watcr as an
augmentation source by contract with the WDWCD, such rights shall not be exercised
should storage augmentation water, or. * utttp'able alternate source' not be available for
APPIicants'use'
C.PursuanttoC.R.S.$37.92-305(8),thestateandDivisionEngineersshall
curtailallout-of-prioritydiversionsundertheaugEentationplanthedepletionsfrom
which are not replaced 'o
u' to prevent injury to vested water rights'
06C W20-Ruling.doc
District Court, Water Div. 5, Colorado
a;t. N". 06Cw20; Applicarion ol Lafarge West, Inc'' er a/'
nrting ottft. Referee and Judgnrent and Decree of the Water Court
Pagc lts of20
lz. Abandonment of water Rights. All of the lands historically irrigated using water from
the Applicants'interest-in ttre Stobirgh nii.tt-u'J the Eyre Ditch will be.penn:l:ntly removed
fronr inigation pursuant to the change of water righti approved herein' Accordingly' the
nppii.."Ir, interests in the junior priori-ties of those ditches are abandoned.
A'Applicants,interestinthestobaughDitchPriorityNo'l08,decreedin
c.A. 103 on t,tu!'1, 1gg9, with an appropriation d.t" of April 30, 1887, in the amount
of 1.1375 c'f.s., is hereby abandoned'
B'Applicants,interestintheEyreDitchPriorityNo.5g,decreedinC.A.l03
on May ll, lggg, with an rpp.opriu,ion date of March 15, 1886, in the amount of l'5
c.f,s., is herebY abandoned'
13. Well Permits. Upon entry of this Decree, a wellpermit shallbe issued for the first North
Bank Gravel pit well pursuant to c.R.S. S1i-qo-r:z(2) and the plan for augmentation approved
herein. Once the npf,licants submit a copy of an amended WDWCD water supply contract to
the Division Engineer for Water Division s, wtrich amended contract provides the full amount of
contract storage water required for full buiid-out of the plan for augmentation' then a well permit
shall be issued for the s.cond North Bank Graver pir w;[ purruani to c.R-S' g 37-90-137(2) and
the pian for augmentation approved herein'
14. Measurernents and Accounting. The Applicant shall install,meas*Tg 9^t^1f*s'
provide
accounting, and supply calculations ..g.;;r"g irre timing. of depletions as required by the
Division Engineer foi the operation of this plal The Applicant shall also file an annual report
with the Division Engineer by Novem[.l ii* of each year summarizing diversions and
reflacem"nts made undir the plan for augmentation'
15. Retained Jurisdiction. The change of wa_t:l right and plan for augmentation approved
herein shall be ,uU:..i to reconsiderationiy- the Water Judge on the question of injury to the
vested water rights oi ottt"r, for a period lf i*" years after full build-out of the North Bank
Gravel pit wers. rn determining the p.li"o of ,eiainea jurisdiction, the court has taken into
account the historicai ur. una natire ofihe augmentation water ilghts and supplies' the nature of
the change of water rights, and the location oT the structures to G augmented' The purpose of
retained jurisdiction ;;;; ;h; change or *uto alt'ts si'att be limited as stated in subparagraph
10.C above.
06CW20-Ruling doc
District Court, Water Div' 5, Colorado
;a,.;;;C'wzol eppti"uiion of Lafarge west' lnc'' er-al'
irii.g "r
ti" n"feree and Judgment and Decree of the water Court
Page l9 of20
16. Upon the sale or transfer of ownership of any conditional water rights decreed herein' the
ransferee shallnotilyii.-w",", Clerk of theirunrfei and the name and address of the transferee'
06CW20-Rulirtg.doc
Datedthis ?Cr*"iOcloM/'zooz'
NoDroteslwasfitedtotlrisRulingoftheReferec.ThcforegoingRulingisconf,trmed
."d r;;il;;Ji, -uat tr't Judgtncnt and Dccree of this court'
IftheApplicantsdesiretomaintaintheconditionalwaterrightsconfirmcdhelein,they
shall tilc a vcrificd unpf ,.uiio,,'ior'ilffi; ;i..rronoUil'Aitigenc.:.eg"ding de-vclopmcnt oi
*n;iIt.*[':"]:Jft i#'H*;#f^?illlT:""*'""'H:::"1'l;':':T]
liffi,t,ititii, ,r,"pLL" "iir" 'piiopt"t'""t
or arc .therwisc disposed of'
Dated this Q*A auY ot
Water Judgc, Water Division 5
I,:lf l l,l:l) I)ocUnrcnt
ilii c,i,t*ur (.ount1 llistrir:t ( otrrt r)th 'll)
i,irinc ilut., l)cc 1{} X{Xl7 9:'t-} llI \tS I
l ilinc Ilr: l?Stt')'179
Rtr i+u ('lt:rli:'lc:tttinc I loniler
Didricl Cou(, Wrtcr Div 5. Colondo
[;.;; N; ildnto' npptl":,?" "r-tligii';]iil il,fl;, .o",,
Ruling oI lhc Refs,te lnd Judgnteni a
Prgc 20 of30
Ir is ORDERED thar this Ruling shall be
rcvicw.
It is further ORDERED ihat this Ruling
Enginc.cr and Statc Enginecr'
filcd with thc Water Clerk subject to judicial
shall be filcd with thc appropriate Division
AflLED
Water Rcl'cree' Water Division 5
06Cw20-Ruling dc
kl
=lo-lf
E,FoEO4e<ofizT<LJirootuzz
ul 16/6:<
EE3:
OEo
a
' 1\. j': aj r.
ui..$i -f
'lti'
O .r
. ti .:..' tL
d."
.tl
> oh'i Lul.:l<El;'.
orI
;ruq
O1
trq.- l,
oI
az_
LUE
t'w
EE'#i!#:!
IOc!
P
ffir!=I
LUo
liiko
-tEo)o
B
-o
b9,:Et c5eEeE 9
=4 O
is, c^z
EdgtoE o$-c56 Pc-cd!:'E= E3 >5.a N(!:: >.. r
E:.q-rGlF)lo
[ * [ ?elE1Eo*.o52-o6rEt5Ee936
HgEEEEEE
300gooEO
a
UJFoz
FGg,fia<tStL6ft g
;E=3
*7fr8lJl* 6O I'ii >
EE 3k=
stsssBbbEhEEqJ - tri <ri ol c\,i tri N N Al <rl r
JO<=
5gl- o_lllo
Liai)z
=2rL<5 tr{gd
.o-aE
=,o6o
z.oJ-E5?=(rc](5o-cc
o-
EgEEEBBTEET;E5;;;d6c;oo
ssrsssqqquu
dd;FFFF-7-F
EsBSSHqquHs
-;;?FrreF-F
8Bhb5bB6Ahafr
'j 'j <r,i cri c.i cri c\i N ol c.l <rl -6
IEu,
o
a
z
I'JJo
JotrFzoo
IF(Jfoo
CL(L
EEEEEEBEBEEciddoddciciooo
sESSEEEfiqqE
cic>;;-;F-?r-
tsSBssEBEEEq
;-;---FFFFF
Ie
B
o2
o
-o-trgE
o)a3(l)<a
bcr-g(,
Eg
TABLE 2
POND AND LAKE EVAPORATION
NAME: LaFarge North Bank Plt
ELEVATION:
MEAN ANNUAL EVAPOBATION:
JOB NO. 4s2-5.0
5350 FEET
45 INCHES
70 ACRESPOND (HESERVOIR) SURFACE AREA:
EFFECTIVE
PRECIP.
(3)
(INCHES)
NET
EVAP,
RATE
(4)
(INCHES)
POND
EVAP.
(s)
(A.F.)
MONTH
GROSS
EVAP.
HATE
(1)
(INCHES)
AVEHAGE
PRECIP.
(2)
/iNNHtrS\
0.86 0.60 0.00 0.00
JANUARY 1.35
0.54 0.26 1.51prenueRY1.58 o.T7
1.81 10.56
MARCH 2.48 0.95 0.67
0.71 3.34 19.46
APRIL 4.05 1.02
5.40 1-00 0.70 4.70 zI.4Z
MAY 6.01 35.08
JUNE 6.53 0.73 0.51
0,71 6.04 s5.21
JULY 6.75 1.O2
o.79 5-28
3.72
30.42
AUGUST 6.08 1.13
21.72
srpieMeen 4.50 1 .11
0.84 2.3',1 13.48
6.87OCTOBER3.15 1.20
0.89 0,62 1.18ffiVptilsen1.80
bEEtvteen 1.3s 0.93 0.65 0.00 U.9U
8.13 34.65 202.12
TOTAL 45.00 11.61
(t')MoNTHLYD|STRIBUTIoNoFGRoSSANNUALEVAPoRATIoNRATEINAccoRDANcEwITHSEo
GENERAL CRITEBIA'
A X,li:*;,m",9'#T^1XH#';:$jllffi1;lT;::*"*,,-:.o*, ,cE covE* FoR rEMP LES'
'HAN
3
wHtcH occuns tt{ orcit'aeEa, JANUARY' AND 21 DAYS lN FEBRUARY'
(4.)GFossEVAPoHATIoNLESSEFFECTIVEPBECIPITATIoN.(1).(3.)
is.)roul RESERVoIF EVAPoRATIoN
Rniltc. Engincrtrg' lrr
0,78
B
gtmoT
oz
o1ar:ull!2
6i
ul
ul(Jtrfoa
uJt
tooAIB
B.o
Eo
o2
.E
.v(D
(Dt
eE3ofo
E
=-!,C
.(,
ii".
,f
.9EEO):aiEH6irou?
EsE
8.9 +Eoo oEE€ E
E'r)E Ees e !.
-Et€ 8EF E =EE? eso:.4 H q
e,J6E o '.jfiot-=.\Eo cEo 6Y *! E E
TE-EE.T3T
5 E.EE5E 3
=969 ^E,;H=sEEEEg{EtFd6
:oggoEOO
o(l,
o
rdoi.-
o
NFooE
-o ctG,Fl-- gE6slil!-oO
oGl
6QcLdo>ouJ
-AJ
a
uJFoz
33383333[8f;
,6
c(E
FIo
:
EulF
3
(E
t"rJl-
3
zul
=ulo
5o.trl(r
F
C)
(EFzo
J
o
Eoo
888E8EAEdctcicooooo
ESgEHH$H3:g
6[J
tr,o
tsout
ECo
888SEEEqEfrq6-ctJ;oisi<tirro
33Es*i$EBne
EsEEPEB$$3S
azo
EJ&
EIo
U'zotr
UIJ(L
ulo
zo
EE2.ft
8P
uJ
E910gk
fFo6
Ef;BftgH;$3399
p=89$IEETEE
EisENEBEfiPd
StsHbbhEEEEE.jJac,i6icrisioiatruot
b€-
E$
36
tr
uEiz
ZA*8* =*r!Fl
3Ef. IUF
P6<E
3. r.JlUt-
ts
oool
t.l
o
=aiz,(f
IUtrlz6z
UJ
UU()tr
oa
UJt
E
E(D
oz
E
.u,o(1,
B
E
E''f
e
+t
.>a..,
Ec(U
oc2-.u9*,o-OI eb>E
'BQanrEHa
?1<[l. o oEE€ E
=; E Et-eE
=8 Ef;E EJ
^L -YFi iE! Ec: : u e -_ Fr.E-d*Eo=.:=F
$EE Aesr'FEi
EFEEE{8,"8t si i8Efr5eC=a)o-C)-v!w6aE-OX6-CCEbOE'E:69EE.:: CL= I o o f, 5 =S,f;E{gEF88
aoo9CIO€OO
D
in
UJFoz
8886888888Ecicrci<ri oodoot--
t,oc.TE(6
HJFEx
=PI
,
UJ>trIU FJ
3=tr--
IJJ
cc
F()
crFzoo
J
zo
troo
R888gE&q6ieicioooFr
333I$ErEp*e
ts
0(L()
tolutfo
hotu(ro
J
FoF
EF
TLo
tr
tE
o-
0-)
Eo
8888s8EEEqqcjdoc,oJ-ciooo
8888{Rq=8-E8Edooo63$Fi**o
gSsHsTHNEBS
zo
BE
LrJ
FgE6)-uC
EE
TNHSgfHHEES
3EE:pE*EiF$
gESEhbEEEEE
-;oic.i<ric\i NolorN$/
E -r
rg E
D.d-
EO
fis
JJ
IU()
UJ
tr,o
o!t
TIJzhotLa:zF
3=trl>cD+CE
r.rr F <
d5=? 7'Arn IJJif c)-{e
sdtrIaFtg
E,
[E
IUF
7
=
rEes.
56=:
BssrEEEaqflqeAodciciciociciP-o
oro
tri
OFd rzlf<u.lE6f;tr-
EEHg=
<uJE
88888888qqt8odociooooooFo
r\c?+
-1 F<a^5EbF()r-atF *t
= xo^
H HB*ot TI
a-F)a^
EH9oo
BBBeEHEqESSE;;e:mEShe+cio
lo
c.{oF.
888s3&Ee6frE8dcicj;;(\ictio-roo
3E3B*5$8353E
rf,)
GO
ct
o)qi-
ra)
tr
=cto^
rL^qirS.
ILJqft
5oodaz.JO<E^hLJE(JJF0-ulo
@zzooaEh 6H0) o-xLt
oru
!ar0
93e5il6g
EEE}EEilgIEIg
o$l
(\t(n
sFEE*fiilHlEe:
N
cioN
3Ep3$frilHIEre
888888888q8ecidciociooooooo
N
<riool
oo()
rt-zo
>bb _E:t-
EfgE
J
oF
t-ooN(,
o
Z,
o
=CE
IJJ
tlJzozlrI
trjo
rE:)o6lrl
tE
E
E
o)
ozs
_(oo3
E
CD3
e5
->a-'o
6
f,".5f
-5
esEIEHi,H cEE;
#9vEo o
EEE fi
Eto E
=o.o, o F< o.= =g iEE fr5 gE? EA'; cIS s-9: iEe *E-;TE(JE:EE
*EEeHESiF
F,E eE.ET EEE;56rdFE59c'al)oFou\wO lg- O }i d- C C
BFEEEEEEs
segEOgEOO
rl.laf
E,
Lu
=z>otrE<k>
=E<:)JAO ,.,urx
tra3
3tfi' F};.
}E2G.
f;fr
EK
5=z
EI(5
E.
L
5
E
a
LrlFoz
6l;Walsh
tlnrironmcnral Sc icrliss and
November 6,2006
Mr. Mark Gilfillan
US Army CorPs of Engineers
Sacramento District
Colorado/Gunnison Basin Office
Aspinall Federal Building
402 Rood Avenue, Room 142
Grand Junctior\ Colorado 8 1 501-2563
Re:AddendatoRequestforverificationofJurisdictionalDelineationfortheNorthbank
Resources ProPertY, Rifle, Colorado
Dear Mr. Gilfillan:
On behalf of Lafarge North America (Lafarge), Walh Envir.onm,ental Scientists and Engineers' LLC
(Walsh), in response to tf," on-rit" *.il-d i.iifr"ution meeting that occurred on october 10' 2006' we
are formally requesting that you attach thi, uad"ra* to the Revised Jurisdictional Determination request
submitted to your or,J. o, iune 20, 2006. Y;;; ;;quest to gathgr and document additional wetland data
during the ocrober 10;r0& on-sitcmeeting indicates that ;dditionaliurisdictional wetlands axe present'
Site Conditions
In addition to the jurisdictional waters, including wetlands identified in the June 10, 2006 report,
additional wetlands were found adjacent to ttre riortrr edge and east end of Stobaugh Ditch (Area 3)' These
wetlands are identifieJ * ,t "u, 7i,75,16 ;; i, ot' tnE attached mapping and data sheets' These areas
are roug,y located in ttr. .iaore terrace otit. tit. between Stobaugh bitch dredged side-cast and
greasewood shrubland to the north where ..;i;;iit'igatioltli-r-;Jater is a major influencing factor on the
local ground t"bl". ;lth;gh u n r"tiorul ev-aluation was not performed, it Walsh's opinion that the
herbaceous wetlands and ditches present *itt in tt
"
proposed mine cells are of low quallty and functional
value. They are generally facultative ir, *t*" *itt a piedominance of saltgr ass (Distichlis spicata and
three-square bulrush (Schoenople"ru, pun{i,i, tp*iit tt'"t tend to colonize disturbed' overly grazed or
saline sites'
MethodologY
The Jurisdictional Delineation was conducted following the methodology enumerated in the 1987 Corps
of Engineers Wetlands Delineation Uo"""i Oii"onmEntal Laboratory' 1987)' During the field
inspectiorl representative soil borings *".. t.uk",,, dominant vegetation was recorded and representative
hydrologic indicators were noted in-order to ideniiff and document the presence ofjurisdictional waters
of the U.S., including wetlands within the foot-prini of the proposed sand and gravel operation on the
properry. potentiallylurisdictional *"* *o. fiugged in ttri' 1;1+ hbeled with an alpha/numeric
desigpation, ,rr*.y"i using sub-moo u""*utyE"Jal positioning system (GPS) and adjusted using
aerial photogruptV oitt. site . Becaus. flr;. ;; fittle variation i', tir. vegetation communities' sampled
soils, and characteristics within ea"h ur"a, warsH determined that one representative data point would
be sufficient to record both wetland (positivei anJ"fft"g (negative) conditions in each area (refo to
attached datasheets). other data points were iaten ai various points throughout the site to confum the first
representative point remained valid'
EXHIBIT
IL'ogI0o
an *cologr and eurironment ccr4arr;--
5 Pho* (i03) 443-3:$: ' l:'A-\ (303)'{'ri-0367
Watersandwetlandsonorimmediatelyadjacenttothesitewereeharacterlzed.However,becausethey
are not subject to i.p*t?o* it "
p.opor"a p-j;;i oi *"t.l.otuted, they were not formally delineated or
surveyed. However, th;;.-;;; *.r. a1upp.A,rring aerial photography and proofed in the field following
the methodology enumerated in the 198i ManuaL lhese areas have been provided for reference on
Figures 2 and3.
Soils
Thesoi/surveyofRifleArea,colorad.o(u.s.soilconservationService'1985)wasreferencedforthe
soil tlpes occurring on rit. *tirr, includes the Arvada-Torrifluvents-Heldt complex and wann Series as
discussed in the June 20,2xI6report. All of these soil types appear on the colorado List of Hydric soils
oJSDA,2006).
Representative soil borings were taken in potential wetland areas to determine the presence or absence of
hydric soils, and in aOjacEnt up]Td, to. Aot.r-"rrt the absence of hydric conditions (refer to attached Data
Sheets). A visual i*d".tio, of the soil ptofrf. *t *ayzed forthe presence of hydric soil characteristics
(e.g., mottling oxidized roots, concretio* *Aloigfeying). Soil hue, value, and chroma were compared to
the Munsell soil color charts (Kollmorgen, reeotto aetermine the presence of hydric soils'
Representative soil borings in wetland Areas 14-17 had a soil hue' value' and chroma of 10YR 512' 5ll
and 4l2with 7.5YR 5/8 mottling consisting oi clay and silty clay to a depths of 0-l6.inches' Organic
streaking and a strong sulfidic odor were atso i.raicutots ofiVaric soils' Representative soil boringS
inspected to provide negative data in-uptands areas adjacent to wetland Areas 14-17 had a soil hue' value'
ani chroma or toyn siz arra5/4 with no or slight 7.5YR 5/8 mottling.
Vegetation
vegetation in wetland Areas 14-17 generally consists of saltgrass.(Distichlis.spicata) and three-square
bulrush (Schoenople"r* iis*O ia AUii muhly (Muhleibergia asperifulia) with minor occurrences
of cattail (Iypho trrifrkr), wiite heath aster (Astei ericoides), bushy knotrveed (Polygonum
)o*orf srimi*1 and bottlebrush squirreltatl (Sitanion hystrix)'
vegetation in adjacent upland Areas 14-i 7 (negative data).generally consists of saltgrass (Distichlis
spicata),slender wneatfiass 6tyy^ o*n)"oZtus), bottleb-rush squirreltail (Sitanion hystrif 'with
occrurences of bushy knotweed (Polygonum ro-isi,issim'm), pigweed(Chenopodium berlandieri)' and
knapweed (C entauria sPP.).
A distinct break betwe enthe Distichlis/ schoenoplectus- arrd Distichlis/ Elymus plant communities was
usedtoinadditiontosoilstodifferentiatewetlandsandfromuplands.
vegetation was identified to the species level to the extent possible' The National List of Plant species
That occur in Wetlands, Intermountain Gegion8) (Reed i. al., 1988) was referenced to determine the
wetland indicator status for each plant'
HydrologY
Topographic depressions, inundatioru standing water upslop: fr"P Stobaugh Ditch side-cast' saturated
soils and the presence of hydric soil and Bariptrytic vegetationindicate that wetland Areas 14-17 have
supporting hydrolory during the growing t*tJ". p*tlidrainea clayey and mottled soils also indicate a
strong groundwaterlnno"n".. ArLs 16 and 17 are connected to natural channels to the north by
dewatering ditches and have surface connections back to Stobaugh Ditch and the colorado fuver to the
south.
JURISDICTIONAL DETER]VIINATION
In addition to the 2.50 acres of wetland documented in the June 20, 2006 report, an additional 2'30 acres
of palustrine ...rg.nt p.rristent @EP) wetlands with indicators of hydrophytic vegetatioq hydric soils
and supportinghydrolory arepresent inAreas 14,15,16 and 17' Becausethese areas are adjacentto and
have a surface connectiin to the Colorado River ana Stobaugtr Ditclu a jurisdictional yetlSd connected
and adjacent to the col,orado fuver, it is walsh's opinion tha:t these areas are jurisdictional wetlands (i'e',
waters of the U.S.).
Classification of wetlands and waters of the U.S. described herein are in accordance with the U'S' Fish
and wildlife Service (Fws), classification systemfor wetlands and Deepwater Habitats (cowardin et'
al.,1979).
Summary
WALSH is formally requesting a Jurisdictional Determination from the USACE for the Waters of the
U.S., (including wetlands) presented in the Jurisdictional Determination request dated June 20,2006 and
this addendum. The wetland boundaries as identified on Figures 2 and3, Jurisdictional Wetland Maps
indicate the wetland areas identified in the June, 2006 report and this addendum (Areas 14-16)'
Because we thoroughly reviewed and discussed site-wide wetland data during our site meeting on
October 10, 2006, it is our understanding that you will not needio make another site visit to veriff these
nrrAirrgr. However, if you do have any questions, please do not hesitate to contact me if you need
clarification or additional information. Thank yo, for your time and consideration. I look forward to
hearing from you at your earliest convenience'
Sincerely,
Walsh Environmental Scientists and Engineers, LLC
Jonathan B. Dauzvardis, PWS
Restoration Ecologist
Copies to: John Rozelle, Gustavson Associates' LLC' MarkWgil, Lafarge North America
Meg McNultY, Lafuge North America
Helen Migchelbrink, Lafarge North America
Attachments: Figures 2 and 3 - firisdictional Wetland Maps
Data Sheets
p:\Wetland-E&TSpecies\N4cBride Habitar-Gustavson Gravel Permit.6252VD Addenda\Lafarge-Nonhbank Resources USACE JD Request
Addenda I 0-20-06.doc
AValsh H;x ,#I*NORTH BANK RESOURCES JURISDICTIONAL WETLAT{D FIGURE
Eorisodsttuiids ud E Chq lrc
m mlog mrl mimcota;oPrr
€
{mnv,
=m
zq
o
oc
FIozI
zo-{m
9!
am
U'
6zy!
mo
EIzI
% ;[r,I
Ef;Ei666iE
g fl.g frlfi Es eiii ! E E E H g
;IEE;;;x.a;fl:E!q!
:fr:qgqEEtireEesEb=98 4'IE'! q
Y'II FI6;H(
a
BdE 39 EEAAEEFEEEiEAEEFEEFB
[[E EE
iiii?rii::;.Tiif;;Ti
'Eg
iE
iHi;uIiaEaa;iiiiifi*;
a* 6=E ..rr.
=a q9999999xt hBE:b!!rilirrnEsiBs;BHYil li e;:e:eaBBBBBBa:BaX66iE :g :E EE.AE'" Eg EEog)
,a
,. '
li Bi BieB
ob ib ,aq@E': Ai Aii;?; si 9.6?:!t oo o-to
iE aa iiHn
Bfr Ei HiHE
ti dg qii
EiEEEiEzt ZZ 36f;6 h@ >ll
EEEEEiz tg EEX
*
E* HlB
lrEEltlEiE
;3H ?a 6iH 3i
EEEEEEEEE
p3
:
r-a \\ ?l \\''-
vv\mmr
ti T ii \':7=ga4
(, .,
,\/',t\t\i\I',
%._.
, ,,q'
I
I
I/+riri
I
I
I
I
I
I
I\h
\
,,qo$l
{1" Il( e,l
t_
_rr)
\-$f
' \'ar-.'] oo.-to-' Ea\ ,-d\GBI
\'{%u' }r, 'r>t
*E ft-- \Y.18I\ '$N;, or
,.\
:[&
|@
ff(
,\il
t
d
I\-
@ZooC7z4g->@n><zx
Tmv
=
o
go
-lz-
P;
[:
n
m
(,
TOPOGRAPHIC MA,P:?? :Xiffi sAND & GRAvEt DMG PERMTT
CoNrne,ct to Brrverto Seri- Wsrr,ertos Beunrqc
Mrtrce, roN Cnuorts
This Contract to Buy and SeIt Wetlands Banking lvlitigation Credits ("Contract")
is eatered into by the undersigned partics on this
July e6' 2007
RECITAIS
A.ThcU.S.ArmyCorpsofEngineers,U.S.EnvironmentalProtcction
Agency, and U.S. Fish and lfildif; Service (collecdwely, "Regulatory Agencies") have
.a-opt"d a methodology for the establishment and operatioo of wetlaad mitigation
banls, which methodiiogy is ser forth )t the Fedcral Gtidance for tbe Establithned, Utt
aad Operation o1U;tigatuibatk4 60 Fetl. I'ry. 58605 (Nm 28' 19?5) ("Federal
Guidance") ^rrd
p.ooid.. for the authorized use of wetland mitigation baoks for
compensatory mitigation of impects to waters of the United States aad othet
eavironmental impacts as authorized.
B. The Fe deral Guidance provides for the zuthofized use of mitigation
benks as a miUgation alternative by the general public, and for the cerUf,cation of
wetland mitigation baoks owoed by privately-he1d entities'
C. Springwater Ranch, LLC, l Cololado lirnited liabitity company(.Seller,,)
has reccived "pprovit of the Springwater Wetlaod Mitigation Bank(g:anted in that
certain Bankiag Instrumenr fo; Spiingater Ranch, LLC issued by the Army Corps of
Engiaeers oo ilarch 31, 2005) in accordance with the Federal Guidance.
D.LalatgeWest,Inc-('Lzfr.:ge"or'Buyer")submittedapermitrequest
through ao applicatiJa for a Section 404 permit to the Army Corps of Engineers For
pboold mitiirti"n associated with thcir operations in Garfield County between the
muoicipaliriei of Silt and Rifle, Colorado. Lafaxge anticipates approval of tie plan by
the Reiulatory Agencies in September of 2007. Under this prolect all activities
assocla"tcd with the proposed developmerrt of the site were authorized under a vzetland
permit Permit Number 200175036.
E. Buyer desires to purchase and Seller desites to sell the credits (as
dehned below) in accordance v,rith the terms and conditioas of this Cofitlact.
AGREEMENT
Now, THEREFORE, for good aod valuablc coasideration, the receipt and
sufficiency ofwhich are hereby acknowledged, the parties hereto agree as follows:
1. Parties and credits. Buyer agrees to buy, and seller agrees to sell, oo the
terms and conditions set forth io thjs Contract, the followi-ng described credits: No
less thau 4.8 ac credits (i.e., 209,088 sq. ft ctedit) beiag Iocated in Springwater
Rancb lTetlaad Mitigation Bank (the "Credits").
Page 1 of 5
EXHIBIT
booa
2. Residuai Estate: No Forfeiture. Except for the credits to be traos,ferred
pursuant to this Corrtrr.t, and the associated right to implci other teal Ptop-erty.ifl
i*.h".rg. for the acquisition of the Credits, all iaterests, rights and respon''ibiiities of
o*.,.rJhip of the u.rdedying real property associated qrith the Credits shall remain in
Seiler. Ntthing contained h.rei.r^*i[ result in a forfeirure or reYersion of Seller's title
to the undedying real property associated with the Ctedits'
3. Purchase Price & Terms.
^. Purchase Price. T]he purchase pdce of the credits ("Putchase
pdce,,) shall be $80,000 per acre payablJ in u.s. dollats by Buyer as follows:
t. Deposit. It the Amount of 2O Percent of total putchase
price $76,800.00 to serve as a deposit paid within ten (10) days of contlact execution'
ii.CashatCloiry.Intheamountof$307,200'00foratotal
cost of $384,000.00 excePt as otherwise set forth i1r Section 3(b) hereof'
b. Rehase from contrnct.
In the event that Buyer does not receive approvai of its
permit modificatioo reguest submitted to the Atmy Corps of Engineers AND asigned
'Special Use Permit from Garfieid County to rnine the propetty described oo Exhibit A
hir.to ("North Bank Property") that afe accePtable to Lzfarge, the Buyet shall notify
the Seller and the Partiesihall ieliver awritten request to the Seiler to telease Buyer
from the contract. This Contract will then be deemed terminated, and all Payments
made pursuant to this Cootractvrill be promptly refunded toLafatgewithin ten (10)
days.
ii. I{, as part of the Mitigatioa Plan, the Cotps aPproves a
compeosatory ratio of 2:7 or lower-(2 acres of mitigation fot evety one acle of impact)
or lowet, then Buyer rnust close as ptescribed hetein'
iii. If, as part of the Mitigation Plan, the Corps aPPtove-s a
compeosato ry t^tio higher than 2.01:1, the Buyet trtay, ^t Buyer's discretion, notifu the
Seller and the Parties th^[ d.lio.t a wtitten tequest to terminate the cootract'
4. Seller's Representations-'Warrantres and Coys-nants. Sellerhereby
fepreseots and warrants to, and covenants with, Buyet as follows:
The Credits are free aod clear of all liens and encumbraaces'
Seller is the sole ow'ret of the credits and has full authotity to
transfer the Credits putsuant to the terms aod conditions of this Contract'
Seller has full authority from the Army Corps of Engineers to sell
1.
b.
the Credits, such authority having been granted in that certain Banking Instrument
(..Banking Insrrumeat") for sptingwater Ranch wetland Mitigation Bank ("Bank")
a,rthotirei by the Army Corp. ofEngioeers on March 3l,2OO5 and in accordance with
the Federal Guidance.
Page 2 of 5
d. The Dank was established, and has been and shall be operated
aod maiatai-ncd, io fuII compliance with the Ba-trlci.g fnstrurrrent, the Federal Guidance,
and all other applicable requirements of Federal and Stete law.
The foregoing representations, warranties, and covcnacts shall survive the
Closing.
5. Buyer's Representatioas. lTarranties 4nd Covenants. Buyer hereby
represeots aod warrants to, aod coveflents with, Seller as follows:
a. Buycr aaticipates authorization on a mitigation request for
compliance with a Scctioa 404 permit to the Army Corps of Eogineers AND sigoed
Special Use Permit issued from Garfreld County ecceptable to Lzf.zrge.
b. Buyer has fulI corporate authority to purchase the Crefits
pur.suart to the terms and cooditions of this Cootract.
c. As of the date hereof, Buyer has sufficient funds for the payment
of the Purchase Price upon Buyer's receipt of approval from the Army Corps of
Eogiaeers for Buyer's Mitigation PIan.
The foregoing representations, warranties and coveaants shall survive the
CIosing.
6. Closing& Deliveries at Closing.
Closing. Subject to Section 3 above, the closing of the traasactions contemplated herein
("Closing') shall take place on or before November 7,2007 (the "ClosingDate") at
12:00 pm peodiog timely issuauce of items referenced in Section 5a. The Closing shall
take place through electronic transfer offunds for a fully executed Irrevocable
Certi6cate of Mitigation in a form acceptabie to the RegulatoryAgencies for tbe
purposes contemp)ated by this Contract. Buyer shall cause to have dclivered to Seller
the full Purchase Price via wire tracsfer to Spring Water, c/o:
Alpinc Bank
2424F Rd
Graod Junction, CO 81505
Phone: (970) 243-5200
Spriog Water Ranch, LLC
Acct #7730005800
Routing # 702103407
^. llhe Irrevocable Certificatc of Mitigarion shall be delivered to
Ltfatge,cf oMeghzn McDooald-Director of Eovironment, 10170 Cburch Raach
Way, Suite 200, Westminster, CO 80021, within one busioess dey afret transfereoce of
sspaining funds to Springwater Ranch's Account whichever is first via an overnighr
delivery seryice.
Page 3 of5
!iL
I
t
{
b. Deliveriu at Clotingl Cotttelance oJAre Crcdit. Upon Ciosing,
subject to tender of payment of all moneys as set forth in Section 3 above and
compl.iance by Buyer with the other terms and provisioas hercof, Seller shall execute
and deliver (and shall cause the Army Corps of Engioeers to execute and deliver) a
good and suff,cient l:revocable Certificate of Compensatory Ivlitigatior (ia
substantially the form attached hereto as Exhibit 1 - hereinafter "Certi6cate") to Buyer
conveying the Credits free and clear of all iieos and encumbrances. If the Army Corps
of Engioecrs does not execlrte the Certificate by the Closing Date, Buyer may, at its
optioo, deliver written notice to Seller electiag to termin2te the Contract.
?- Termination. This Contract shall be terminated immediately upon
receipt by Seller of wrirten notice from Buyer that the Army Corps of Engineers has
denied Buyer's reques! for 404 Petmit modification to economically mine the "North
Baak Property" OR Garfield County has not signed a Special Use Pecmit to mine the
property described on Exhibit A hereto ("North Bank Property") that are acceptable to
Lefarge.
8. Assigoabilirg. Prior to the Closing, this Contract shall not be assignable
by tsuyer without Seller's prior witten consent (which consent shzll not be
unreasonably withheld). Except as so restricted, this Contract shall inure to the benefit
ofand be binding upon the heirs, personal representatives, successors and assigns of
the parties.
9. Further Asiurances. Buyer and Seller will do all such acts and w"i1l
furnish to each other documents, goveromcntal consent or corporate approval, and will
do, or cause to be done all such other things, as may be reasonably necessz.fy from tioe
to rime, in order to give fuU effect to this Contract.
10. Time of Essence/Remedies. Time is of the esserce hereof. If any note
or check received hereunder or any other paymeol due hereunder is not paid, honored
or tendered when due, or if any other obligation hereunder is not performed or waived
as herein provided, there sha-ll be the following remedies:
a. If Buyer is in Default: Seller may elect to treat this Contract as
canceled.
b. If Seller is in Default: Buyer may elcct to treat this Contract as
canceled, in which case all Paymetrts and things of value received hereunder shall be
rerurned to Buyer, and Buyer may recover such damages as may be proper, or Buyer
may elect to tleat this Contract as being in fuil force and effect and Buyer shaU have
the rigbt to specific performance.
c. Costs aad Expenses. Anything to the contrarl herein
norw"ithstanding, in the evcot of any arbitration or litigation arising out of this
Cootract, the arbitrator or court shdl award to the prevailing party all reasooable costs
aod expenses, including altorneys' fees.
17. Miscellaneous.
Page 4 of 5
Byl,
UU!.U'.ZUUl
..:J'{,/ Vt/$7 t'A.x UJ U57 {JJU
tball bc w:lid,
N., lsbrsqucal alodi(irzrioc of aoy of rhc rcrcnr of tbir Contr:ct
iog upoa rlrr plrricr, or cafoccccblc unlcsr rurdc in vriti.g oad
rigncd by bot[
-b-Thir Conrgc( E(rn.tilurcs tbc <trirc *[r..-.., lr<rweea rh<
srrbi<<r hcrco{ rad rly prior egrc"'pcnrs p=rteining rhcrcro,prrri(r r=lrtiol; ro
vhethcz dsl cr hrvr bcso mcrged and ietcgrltcd krlc! 1hi1 CqnLrrlc(.
*0020 P.a05 /aa6
@ ooe
Laitbrq: g>
(.
rbrll hc dc.cm"d
inrriua<-r, Thir
*br[ be rl.tu.Ed
sldgriwcty byjts
ro i[* confiict+_ o(
lfhis Corrrra(( rnir bc ctcsurcd in cr:.srg5p1sr3 eech of vhicb
ori;iorl but tll ol vhicb shzll corrrli?vqE oae 141d thq strat
onl.r-rc( 61ny bc crccu(rd by frcxirail< ua& 1ny f*csimilc rignrn:r<
orisxtral rguf, rcrprrr.
Thia CosrEect. :u<l rhc inrcrprcr+rion hccco( yhztl b< iovergcd
tuJd by dt< Lnvt sf rhe Srorc of (irrlorzrlo, vithout gi.iag rffqqg
principlcr. Vs.uc fer rrry.Ji*p-'< rriting hcrcuodcr rhnll lie il
Mstr Causct,
l"r al I r r t
iN wl:r'VHEREOF, (hc perticr hircro hr.< cxccurcd rhg Conrr*cr:s of
the darc fircr :vrI((crl-
SELLEE:
sPlrrNGwA.\18 R-a.NCH, LLC,
a Colo:ndo tioirrd coupatry
Mic-ht.,l ,f ,
l0 rorrd
rr,do
t 970.254.8955 (f;rx)
EUYE(:
l-sflrgc
Prigu
1o170 c Raach'Irzy
:iuir< ?OO
r. CO 8002r
5s55, IE
Motral (
e70.25.).5
nr:
tu,-ft*;,t$ ["L# lrtt'sf ht,.
./
Po6e 5 o/ 5
o9/04/2ooi 13:17 FAX S702458933 USFI,!S GRAI'IO JUNCTION CO
RECOVERY AGREEMENT
This REcovERy AcREEMENTT is entered rnto tur.fasv of j00f,iie---,, ? DL)? , uv
and ber,wccrr trr" uoiiJ-st^t"s Fish and witarr. service (so./i""iaoz-r,.F ree Norttr Aneric*
Incorporated (Water User)'
WHEREAS, in 1988, the secretary of Intarior, the Govurnors of wyoming' colorado and utah'
and the Administrator of tt . Westem ,qr;i;*"t Administration signed a Cooper-ative
Agreement to irnpf"ilJ'tiii i.*rur, LnpieT nentation Program forlndangeted Fist' Species in
in?Uop"t Cotoruao ni'erBasin (Recovery Program); ond
W}IEREAS,theRecoveryProgramisintendedtorecove.ftheendangoedfishwhileprovidirrg
for water development in the upper easi, io pro"".d in oompliance with state law' interstate
;;;;;att'l Ena*gered sPecies Act; and
WHEREAS.theColoratloWaterCongresshaspassedaresolutionsupportingtheRecovery
Program; and
WHEREAS,onDecerrrrber20,lggg,theSen/iceissuedaprogra[utraticbiologicalopinion(1999
opinion) ooocrrrairt?utffi=*r*t"ti."oispetinefr"**it of theRecovery Action Plan
(Reoovery Bf*r*iit, "f"ng'*rt\*igtlig
*O-r.rpiApa amount of nsw depletions, arenot
likely to jeopardizu ii"
"oirinoed
existeice of the endangered fish or adversely modify ttre*
criticar habitat in the colorado Rivr sruuasin within coiorado, exolusrve of the Gunnison River
subbasin; and
WHEREAS, the lggg opinionin the secdon entitled "ReirutiationNotco" divided de'pletions
irto Category f o.dutesory 2 for reinitiation purposes; and
WHEREAS, Wetei User is thel owner/oper{ol of YT*'Pit Gravel Operation (Water Project)'
which @uses or will cause dopletions io ftru coro*ao River subbasin wittin col0rado, exclusivo
of tU" Grumison River subbasin; and
wllER.E,AS,waterUserdesirescertaintytlratltldepletionscanoccurcousistentwithsectionT
and section g of thu eia*get"d Species Act (ESA); and '.
WHEREAS, the service desires a comrnitnnent frorn watsr user t'o the Recoyer-v Program so
that the program;;;itt" i-pril""t.Jto ,u*u", the endangered fisti and to carry our tho
RecoverY Elernents'
0s/04/2007 13: 1? FAX 9702458S33 USFIdS GHANO JUNCTION CO E 009/0 r 0
NOW THEREFORE, Water User and the Service sgree as followsr:
1, The Scnrice Bgrees that implemcntation of the Recovery Elements specified in the
1999 Opitrioa will avoid*the likelihool ofjeopardy and adverse modification rmder section 7 of
thE ESi., for dc,pl*ioa impaots caused by Water Usefs Water ProJoct, Any consultations under
section Z regarding WaterProject's depletions are to be govemed by the provisions of the 1999
Opinion. The Sqrvico agrees that, excepl as provided in the 1999 Opinion, no othcr measure or
action shall be required or irnposed on Water Projeot to comply with section 7 or section 9 of the
ESA wittr rcgard io Water Project's dc,pletion impacts or other irnpacts covercd by the 1999
Opinion. Water User is ertitl;d to rely on this Agreernent in rnaking the commitment described
in paragraph
lr* r.* agrecs not to take any action which would probably prevent the
implementation of the nu"o.rery Elemsnts. To thc extent implemcnting the Recovcry Elcments
re{uires actiyo cooperation by Water User, Water User agrees to take reasonable astions required
to impioment those Recovery Elements. Water User will not be required to take any action that
woultl violate its deorees or the stafttory authorization for Water Project, or any applicable limits
on Wate,r User's legal agthority. Water User wiil uot be precludod from undertaking good faith
negotiations 6vor tirms and conditions applicable to implernentation of the Recovery Elernants.
3. If the Serrzice believes that Water User has violated paragraph 2 of this Recovery
Agreamrent, the Sewice shall notiffboth Wste,r User and the Mnnagement Committee of the
Rlcovery Progfam. Water Uscr and the Managernont Committee shall have a reasonable
opportunity to comment fo the Servioe regarding the existonce of a violation and to rccommeod
#edies, if appropriate. The Service will consider the comments of Water User and the
comfileDts u;xi r.commendations of the Management Cornmittee, but retains the authoriry to
deterrnine the existence of a violation. If the Sorvioo reasonably determines that a violatisn tras
occurred and will not be rernedied by Water lJser deqpite an opportuuity to do so, the Service
mayrequost roinitiation of consultation on Tfater Projcct without teinitiating other consultations
as would othe,rurise be requirod by the "Reinitiation Notice" section of the 1999 OPinion. In that
6vent, the Waterr Project'Jdepletions would be exduded from the depletions covered by 1999
Opinion and the protection provided by the Incidental Take Statsrnent.
4. Notlung in this Recovery Agreement shall be deerned to affect the authorized
purFoses of Watet User's Water Project or The Service' statutory authority.
5. The sigring of ttus Recovcry Agleement does not constitute auy admission by Water
User regarding tlte application of the ESA to the depletions of Water Ussr's Watcr Project, The
signing of this Recovery Agreement does not constitute any agreElnent by either-party as to
wiethL the flow recommendations for the lS-mile reach described in the i999 Opinion are
biologically or hydrotogically necesssry to reoovel the endangered fish.
ltndividual Recovery Agfeement maybe changed to fit speciflc ciroumstances-
09/04/2007 13:18 FAX S702458933 USF\llS GRAI'ID JUNCTION EO a01o/o1o
6. This Recovery Agreernent shall be in effect until one of the following-occum.
a The Service removes the listed species in the Upper Colorado River Basin frorn the
endangered or threatsned spocies list and determines *rat the Recovery Elements arc no
longer needed to prevent the species from being relisted under the ESA; or
b. The senice deteffiixes that the Recovory Elernents are no longer needed to recover or
offsEt the likelihood ofjeopardy to the listed speoies in the UpP"r Colorado River Basin;
or
c. The Service declares that the endanger€d fish in the Upper Colorado River Basin are
extinct; or
d. Federal legislation is passed. or foderal regulatory astion is taken that nogates the need
for [or oliminates] the Reoovery Program.
?. Water User m&y wlthdraw from this Recovcry Agreeme,nt upon written notice to the
Se,lrrice. If Water User withdraws, the Service may request reinitiation of consultation on Water
iroiect without reirritiating other oonsuftations as would otherwise be required by the
''Reinitiatiotr Notice" section of the 1999 Opinion'
3;tpn
Date
3- l'l+l
Date
N&L
6d.
(Es/cJ- 6-Co-99-F-03!{P08 l.K.rucger)
estern Colorado SuPorvisor
U.S. Fish aud Wildlifo Service
e**
EXHIBIT
N
'6oooa
-%i coLoR^ADo DEPARTIfiENT oF TMHspoRTATIoN --T6dtFenntm.-
iI -'| ^ t- 306039 ii STATE H|GHWAY ACCESS CODEi, 1006D109s.600/Rlj NOTICE TO pROCEED i *",r:ma,.r_#:_:_::___
iPermittee(s):
---=---
-=---lerti-el9l*gfJ-.--_| - nppt,ont -'__-_i
Scott Balcomb
Nor& Bank l{oidings, LLC
PO Box 790
Mark Vigil
LaFarge \l/est Inc
i0170 Church Ranch Way, Suite 200
Westminster, CO 80021
3A3-6574336
81602
I#=,5jj;:f"fj_:;T:*l:,:*,:^:i:r_ltrl:_:.j:,"Td Access permt has not expired Access permjtsi I n's n,oIjce to
'''roc€ed
is valid only if the reierenced Access Permit has not expired. Access permjtsI expire one year from date of issue if not under *n"tru"fion, oiJJ.peted- access F*il.,it, may be extended inI accordance with Sectjon 2.3(11Xd), of the Access Code.
I
X"Xffi:"j?#:,:ff3:,sJ:.l..:tr1:g:l:l.tryr.gy.dlg access construaion, in confo,nance with thei Manuat on r.inirorm i'rn; C;il;id;X'# 5i;liJ[:,iri;l?fff* construction, in conro,nance with the
i All construciion shall be completed 11 11 e,1O-eailigus and safe manner and shafi be finished within 45 days
; fiffi[lpffi,lJ},E#Eg###Irhhfdfirsirrrmlutsar6;66;uutiprloi,rblornrnencing consn-r.rcrion as
9S th:l"*.:" P"f't
""d ms Nftl* To Proceed shall be availabte for review at the construction site.
-%
].||:I:fij:
to Proceed is eonditional. The following items shar be addressed prfor to o-uring construcrion as Iappropriate.
NoueI
I
I
It
I
:
I
Ji
iI
a
!
I
I!
i
I
l
i
Ii
I
I
i lldunicipality or Counff Approval (When the appropriate local authority retains issuing authority)
Title Daie(x)
This Notice is not valid uniir signed by a duly aurhorized .*p."."nt"G?il o";**_"t
Colorado Depar&nent of Transportation
T-rtle
Access Manager May 8,2006
copy Distribstjon: Required 1- Region permit fires 2. staffAccess Section. o" *"a*, loJ*iliy, *d#;lnspector Form 1265 B/98
t
I
i
COLORADO DEPARTT(EilT OT TRAI{SPORTATIOH
STATE HIGHWAY ACCESS PERMIT
a b54 t S-X -cr" tlj
CDOT Permit Nc.
306039
Siate HEh€7 Uc/tdpiside
006D;'095.6001R
Fe.mi! fee i oate ot tr"anlmitai100.00 i Mil7/2006
Regiodsectt n/Pabd
a3/0u10
Local Jurbdkuon
Carfietd Count-v
The Permittee(s);
Scott Balcomb
).lorth Bank Holdings, LLC
PO Box 790
Glenwood Springs, CO 81602
970-945-6546
Applicanr:
ivtark Vigil
Ref No. 06052
is hereDy grdnted Permission to harc al aocass to the state Nghlray at tfie locAtioil noied below, The access shall b€ c6nsl.ucted. maintaifled and used in
accorciancP vr'i{h ihis peri'nir. inciudino he Slate i-{ighu.ay A."ess Code and arry ahactynads. ter,}s, condtio*s ard exhiirits. This permii may De revoked
by &e issuing authority it at any lme Lhe permitted a&ess ard its use viliate any pBrts of thB pemil The issuing authority, the Oepajlrlenl and their ddiy
appoioied agert's and empioyfts shall be h4|d harinless sgainst any aGion ,or persona.l lnjary tr prope*y damage sustained by eason si lne exercise of
ihe r€nnil.
LaFarge west, Inc
I0170 Church Ra'rch Way, Suite ?00
Wesfninster, CO 80021
i03-657-4336
Location:
Located on the sout! sidc of Highway EJ6D, a disrance o10.4 miles east of Counf Road 22.3.
,ess io Provide SeMce to:
Gravel Pit lXarployee Par&ing Only)6 DHV 100.00 s/o
0ther tarms ani conditicns:
{ See AGached Pages ? and -i and Other Enclosures for Addiijonal Terms and Condilions.
MUNfCIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authoriiy.
8y
(x)
Cate r4E
JUponihesigningofthispermitthepermitteeagrees1othetermcand.ddffintsconta;neo
herein- All construction shafl be completed in an expediiious and safe manner and shall be finished wiihin 45 days from
lnitiation. i-he permitied access shall be complaied in accordance with ihe terms and conditions of the pe.mit prior to
being used.
The permittee shall notiff DWayne Gaymon with the Colorado Department of Transportation in Glenwood Springs
at 970-947-9361 at hast 48 hourc prior to commencing conskuction witbin the State Highway right-of-way.
The p€rsoa signing es the pemiitee mssi ba the owner or legat represefitalive cflhe property ser$ed by lhe pemi8ed access and hsve fut €ulhonry !o
ac*ptthe perny'ind its brrrrs ard ccnditions.
DabPemii{ee \ //ii -- zhyt huM >isi'a,
This pernit is nct vaiid until sQned by a duly authadzed reprersentative of the oepartrnent.
coLoRADo DEPARIUENT OF TRANSPORIAION
Bv /\ /\ [,/] ioarelo;'issue;Gtilu-*J,1.{*r4 ! /vtrr'a Ftsoa{
fifle a ,
,0**,4 /?/amonn
'liala o6dst m affisry f6 Frc\,iou* 6dltjor! rB ob3Dlrtr rhd my oot b. us6d
Locd A{S6iV ifiEdtr {dDOf Fon :tol 8jg8
Copy ObEibutifi; Regd6j:
l -RegiaDt -Regis Loca, Ar$ority iiEpeCtr."ippI6hl }tfCE pairoi ir.F,€ Ecgims
3.S:arf Acss SsC6
I
:TATF HIGHWAy AccESS PERMIT 30503e
,t^"^:r,?9 on Highway 006D. near Rp 95.60 Righttssued to North Bank Holdrngs
April17, 20A6
IERMS AND CONDITIONS
1' This access is approved as construcied in accordance with section 2.6{3) ofthe Access code.2' This permiffed acce:i is only for the use and,gulRose stated in the Apprication and permii.rhis permit is issued in accd.aunc;r,iin-t!,*sg,; ri,.n&ru"""s coae (2 ccR 601_1). andis based in part upon the inrormatiJn'"rorinro ov tnJ peri,,tt
". erv subsequent reiociii:n,reconstruction, or rno-difications to n" ,J"e", o,. it.,rng"s in't'rr""t rm. vorume or traffic natureusing the access stratt ue retu;il;;;reans of a-new +pti.Itrn. Any changes causingnon-compliance with the Access coo" ,iJv render tm, pl*iiIot ,"qr,r,ng a new permit.3. The traffic timitations,tisted.on the face of ,T:I:T,, shaft h_e adhered to, The traffic votumes,ffi l;:'il:..?ff HLff :ll n:*igir i*" o,. nu*,,s"-d;it i,ip" qeol wh ere enteiin g
4' The existing curvert shalr be kept free of biockage to maintain proper flow and drainage.5' Any mud or other materialJracked or othenarise deposited on the roadway shall be removeddaitv or as ordered ?*S l"F;i;fi;#?,". rimud ,.";;;;;" cond*ion durino s*econstruction' it is recomrnended that me Eitracto; r*rc . s[o,ir.Ji conrouction Entrance orsc.ubber pad at *r" int"nJ"J "oiJil; ;"ess to aid i, irr" **o"rr of mud and debris fromIii;::,5$.lTiil:hi'd.;H;;'i;,s,ru*ion ent ,nce i,tund in rhe M & s
-
:
i
I
I
I
1
t
L
PRX 880805 (Revised APril 2005)
Standard Form APProved, AVP-Law AUDIT
Folder:
PRIVATE ROAD CROSSING AGREEMENT
Mile Post 382.9g, Glenwood Springs Subdivision/Branch
Location: fufle, Garfield County, Colorado
THIS AGREEMENT is made March 01,2007, by and between UNION PACIFIC RAILROAD
C0MPANY, a Delaware corporation, to be addressed at 1400 Douglas Street STOP 1690, Omaha'
Nebraska 68179-1690 (hereinafter "Licensor"), and LAFARGE WEST' INC whose Address is 10170
Church Ranch Way, Suite 200, Westminister, Colorado 80021 (hereinafter "Licensee")'
RECITALS:
.lhe Licensee desires the maintenance and use of an existing private road crossing (hereinaftcr
,,Road Crossing,,), consisting of a private road crossing and all appurtenances thereto, including but not
^,,^- ^-Jti)ti"o"r, i,r;"*"1,*;;;"g;r: r*p'rijrr or ide,iificatio, iignr, drainage facilities, on, over and
, r - ^r rrll^ D^^+ 1Q, OO;'.r* d; ;;Jj;; ';;il-.F;;;";;;f"-ci"n*ood spri,gs subdlvision trackage at Mile Post 382'ee,
- ,r r--^4:^.-
further identified as DOT number 253-570L at or near Rifle, Garfield County, Colorado, in the location
shown on the attached print rnarked Exhibit A.
The Licensor is willing to grant the Licensee the right to cross its right-of-way and tracks at the
location shown on Exhibit A subject to the terms set forth below.
NOW, THEREFORE, the parties agree as follows:
Article I. LICENSOR GRANTS RIGHT.
The Licensor grants the Licensee the right to ct'oss its right-of-way and tracks at the locatioti
shown on Exhibit A sibject to the terms set forth herein and in Exhibit B and C, attached hereto and
hereby made a part herelf, together with the right of entry to control and remove from the Licensor's
right-lf-way, on each side of the Road Crossing, weeds arad vegetation which may obstruct the view of
rn-otorists aiproaching the crossing area to any trains that may also be approaching the crossing area.
Article II. ONE-TIME PAYMENT.
In consideration ofthe license and permission gtanted herein, the Licensee agrees to observe and
abide by the terms and conditions of this Agreement and to pay to the Licensor a one-time license fee of
Ten Thousand Dollars ($10'000.00).
Article III. WORK TO BE PERFORMED BY LICENSEE.
The Licelsee, at its sole cost and expense, shall maintain the Roadway approaches and all other
Roadway appurtenances and work that will not be performed by Licensor as set forth in Article IV.
Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the Road Crossing (including initial
construction and subsequent relocation or substantial rnaintenance and rcpair work), then the Licensee
shall require its contractor to execute the Licensor's fonn Contractor's Right of Entry Agreement.
02429-88.prx Articles of Agreement February 13,2007
2434 98
02429-88
ilrttetr
PRX 880805 (Revised April 2005)
Standard Form ApProved, AVP-Law
Licensee acknowledges receipt of a copy of Contractor's Riglrt of Eutry Agreement and understands its
terms, provisions anJ requirements, and will inform its coutractor of the need to execute the Agreernent.
Under no circumstances will I-icensee's contractor be allowed onto Licensor's premises without first
executing the Contrastor's Right of Ently Agreement.
ATtiCIC V. NOTICE OF COMMENCEMDNT OF WORK - FLAGGING.
A. The Licensee or its contractor agrees to notify the Railroad Representative at least ten
(i0) workilg days in advance of commencing its work and at least ten (10) working days in advance_of
pr-oposed p"ifo.*u,r"" of any work in which any person or equipmclrt will be witliin twenty-five (25) feet
Lf uny track, or will be near enough to any track that any equipment exteusion (such as, but not limited to,
u "rin" boom) will reach to within fwenty-five (25) feet of any track. No work of any kind shall be
performed, and no person, equipment, machinery, tool(s), rnaterial(s), vehicle(s), or thing(s) shall be
iocated, operated, placed, or stored within twenty-five (25) feet of any of the Licensor's track(s) at any
time, for urry ..uron, unless and until a Licensor flagman is provided to watch for trains. Upon receipt of
such ten (tb)-day notice, the Licensor Representative will determine and inform the Licensee or its
corltractor whether a flagman need be present and whether the Licensee or its contractor needs to
implement any speciat protective o. .uf"ty measures. If the Licensor performs any flagging, or other
special protective or safety measures are perfonned by the Licensor, the Licensee or its contractor agrees
that it is not relieved of any of its responsibilities or liabilities set forth in this Agreement'
B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for
an eight-hour day for tlre
-class of flagmen used during regularly assigned hours and overtime in
u""o.Jun"" with Labor Agreements and Schedules in effect at the time the work is performed. In addition
to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental
sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees
Liability and Property Damage and Adrninistration will be included, computed on actual payroll' The
"o*porit" charge wiil Ue the prevailing composite charge in effect at the time the work is perforrned.
One and o1e-half times the current houity rate is paid for overtime, Saturdays and Srurdays, aud two and
one-half times curyent hourly rate for holidays. Wage rates are subject to change, at any tirne, by law or
by agreement between the Licensor and its employees, and may be retroactive as a result of negotiations
oi a iuling of an authorized governmental agency. Additional charges on labor are also subject to change.
If the wage rate or additional charges are changed, Licensee or its cotttractor (or the governtnental entity,
as applicable) shall pay on the basis ofthe new rates and charges.
C. Reimbursement to the Licensor will be required covering the full eightJrour day during
which any flagman is furnished, unless the flagman can be assigned to other Licensor work during a
portiol oi rr"h day, in which event reimbursement will not be required for the portion of the day during
wtrich the flagrnan is engaged in otlier Licensor work. Reimbursement will also be required for any day
not actually worked by thJflagman following the flagman's assignment to work on the project for which
the Licensor is required to pay the flagman and which could not reasonably be avoided by the Licensor by
assignment of such flagrnan to other work, even though Licensee or its contractor may not be working
during such time. When it becomes necessary for the Licensor to bulletin and assign an employee to a
flagging position in compliance with union collective bargaining agreements, the Licensee or its
"ortiu"toiroust provide the Licensor a minimum of five (5) days' notice prior to the cessation of the need
for a flagman. Ilfive (5) days' notice of cessation is not given, the Licensee or its contractor will still be
requireJto pay flagging charges for the five (5) day notice period required by union agreement to be
given to the employee, "u"r, though flagging is not required for that period. An additional ten (10) days'
notice must then be given to the Licensor if flagging services are needed again after such five day
cessation notice has been given to the Licensor.
02429-88.prx Articles of Agreement February 13,2007
PRX 880805 (Revised April 2005)
Standard Form Approved, AVP-Law
D. Arrangements for flagging are to be made with the Licensor's Manager of Track
Maintenance. His name and phone number are as shown:
Robert Gutienrz at 97 0 -248-4244
Article VI. INSURANCE.
A. Before comrnencing any Roadway construction work on any portion of the Licensor's
property, the Licensee shall obtain the insurance coverage described in Exhibit C, attached hereto and
hereby made a parl hereof and to provide to the Licensor, the insurance policies, ceffificates, binders and
endorsements described therein.
B. All insurance correspondence shall be directed to:
Union Pacific Railroad Cornpany
Real Estate Departrnent
1400 Douglas Street, Mail Stop 1690
Omaha, Nebraska 68179
Attn,: Folder No. 02429-88
Article \rII. TERII.
This Agreement shall be effective as of the date first herein written, and shall continue in full
force and effect until tenninated as provided in Exhibit B.
Article VIII. SPECIAL PROVISIONS.
None.
IN WITNESS WIIEREOF, the parties hereto have caused this Agreement to be executed as of
02429-88.pa Articles of Agreement February 13,2007
the date first
'OC
ANGLE
,[
tl
SHOW NORTH ARROW
ArDM'.
6 E'
DRAINAGE CULVERT
UPRR R/r,v
LOCA TI ON PLAN
NO SCALE
EXHIBIT "A"
WDTH OF ROADWAY
NOTES:
1) APPLICANT TO PERFORM ALL GRADING, DRAINAGE, PAVING,& urury AoJUsruENrs af aFili-Ciiilii'ilperuse.
2) A.lqICAruT TO REMO.IE--AL!.\EGETATION FROM UPRR RIGHToF wAy FoR soo, racn sror or *ri'binrEnLrNE oFIHE CROSSING.
J) llfgc4lT HYFRouDE LocKlNG GAIES Ar RATLRoADRIGHT OF WAY LINE,
NION PACIFIC RAILROAD COMP
PROPOSED CROSSING FOR
' la rnxa.r tD€sf lrr'c.
Me *zgq
pDr- t? ?*?+?a;
RATLRoAD owNED ffi,
RAILROAD RIGHT OF WAY
PRX 880805 A
Form Approved, AVP-Law
SECTION T.
SECTION 3.
Whenever the Licensor deems it necessary or desirable in the furtherance of its railroad operating
requirements or for the improvement and use of iti property to rnodif, or relocate the Road Crossing;
EXIIIBIT B
IJIMIT.AI.IONAIYDSUBORDINATIONoFRIGHTSGRANTED.
(a) The rights granted to the Licensee are subject and subordinate to the prior and continuing
right a,d obligation oflhe Licensor to use and maintain its entire railroad right of way, aud are also
srrbject to the right and power of the Licensor to construct, maintain, repair, renew, use' operate' cltange'
rnodi! or relocate railroad tracks, signal, communication, fiber optics Lr other wire lines, pipelines and
other facilities uporl, along or ac[oss any or atl purts of said right oi way, any of which^ rnay be freely done
at any time by the Licenlor without liaUitity io the Licenr"" o, to any other parly for compensation or
dalnages.
(b) The Licensee,s rights are also subject to all outstanding superior rights (including those in
favor of licensees, Iessees of said right of wuj, and others) and the right of the Licensor to rettew and
extend the same, and are granted without coveuant of title or quiet enjoylrent'
(c) It is expressly stipulated that the Road Crossing is to be a strictly privatc one and is not
intended for public ur". th" Li"",rr"", without expense to the Licensor, will take any and all llecessary
action to preserve the private character of the Road Crossing and prevent its use as a public road'
SECTION 2. MAINTENANCE AND USE.
(a) The Licensor, at the sole expense of the Licensee, shall maintain the portion of the Road
Crossi,g lying between the rails of the tracks and for one (1) foot on the outside of each rail; provided'
however, tl-rat such maintelance work shall be iimited to that requircd for the safe and efficient operation
of its tracks, and such other maintenance as the Licensor ltas agreed to perform on sp^ec.ific request of the
l,icensee. The Licensee, at its own expense, shall maintain the remaining porlion of the Road crossing
and shall keep the rail flangeways clear of obstructions'
(b) The [,icensee shall, at its sole expellse, maintain, repair, renew and replace any gates' cattle
guards, drainage facilities, traffic signs or devices, identification signs approved by the Licensor or other
appurtenances shown on Exhibit '(-A". The Licensee shall, at iti own expense, install and thereafter
maintain any such appurtenances that may subsequently be required by the Licensor, by law, or by any
public authority having jurisdiction. The iicensee shall control vegetation along the right of way ott each
side of the crossing so"t-hat the Licensee's line of sight to approaching trains is not impaired or obstructed
by vegetation. All work performed by the LicenseJon tt e rigf,t of way shall be done to the satisfaction of
the Licensor.
(c) The Licensee shall rcquire all vehicles approaching the crossing to stop a safe distance from
the tracks before crossing the tracks. The Licensee'shall keep any gate affording access to the Road
Crossi,g closed and locked at all tirnes except durirlg the time Lf actual passage lhro.ugh it onto or from
tlie Road Crossing. The Licensee shall not do, ,rf., o, per,rit anything which will or may obstruct'
endanger or interfere with, hinder or delay the maintenance and operation of the Licensor's railroad tracks
,i upp"u.t"nu1t facilities or the facilities or equipment of others lawfully using the Licensor's property'
The Lice,see shall adequately supervise and ioli"" use of said Road Crossing so that no person, vehicle
or livestock stops or stands on tire Licensor'i tracks or attempts to cross the Licensor's railroad tracks
when a railroad train, engine, equipment, or car is approaching or occupying the Road Crossing'
EX}IIBIT B
PRX 880805 A
Fonn Approved, AVP-Law
(l) the Licensor shall, at the sole expense of the Licensee, modif,/ or lrlove the portion of
the Road Crossing lying between the rails of the tracks and for one (1) foot on the outside of
each rail; and
(2) the Licensee shall, at the Licensee's sole expense, rnodiff or move the remaining
portionoftheRoadCrossirrgandtlreappurtenancestlrereto.
All the terms of this agreernent shall govern the continued maintenance and ttse of the Road
Crossing as modified or relocated pursuant to this section'
SECTION 4.
(a) Fiber optic cable systems may be buried on the Licensor's propefy. Licensee shall telephone
the Licensor at l-g00-336 -Otil 1a24-hour nurnber) to determine if fiber optic cablc is buried anywherc
on the Licensor's premises to be used by the Licensee. If it is, Lioensee will telephone the
telecommunications company(ies) involved, arrange for a cable locator, and make arrangetr.rents for
relocation or other protection'of the fiber optic cibte prior to beginning any work on the Liceusor's
prernises.
(b) In addition to the liability terms elsewhere in this Agreement, the Licensee shall indemnifl
and hold the Lice'sor hannless against aud from all cost, liabitity, arrd expense whatsoever (including'
without lipritatiol, attorneys' fees and court costs and expenses; arising out of or in any way contributed
to by aly act or omission of the Licensee, its contractor, agents and/or employees, that causes or in any
way or degree contributes to (l) any damage to or destructi,on of any telecommunications system by the
Lioensee, and/or its contractor,'agents ur&o. employees, ou Licensor's property, (2) any injury to ot'
death of any person employed Uy Jr on behalf of any telecommunications company, and/or its contractor,
agents and/or employees, on Licensor's property, und/o1 (3) any claim or cause ofaction for alleged loss
of profits or revenue by, or loss of s"iuic" by a customer or user of, such telecommunicatiotl
company(ies).
SECTION 5. INDEMNITY.
The Licensee assumes the risk of and shall indemnifo and hold harrnless the Licensor and other
railroad companies which use the properfy of the Licensor, tireir officers, agents and employees, against
and from any and all loss, datnages, claitns, demands, actions, catlses of action, costs' attorneys' fees'
fines, penalties and "*p"nr", of w-hatsoever nature (hereinafter "Loss") rvhich may result frorr: (1) injury
to or death of persons rvhornsoever, (including officers, agents and ernployees of the.Licensor and of the
Licensee, as well as other persons;; (Z; tott of or darnage to property whatsoever (including damage to
properry of or in the custody of fii"'Licensee and darnage to the roadbed, tracks, equiprnent or other
properfy of or in the custody of the Licensor and such othcr railroad companies, as well as other
property); or (3) the Licensel's fuilu." to comply with any federcl, state or local law, regulatiou' or
Lno"trnlnt; whep such Loss is due to or arises in connection with or as a result of:
(a) the construction of the Road Crossing;
(b) any work done by the Licensee on or in connection with the Road Crossing;
(c) the use of said Road Crossing by the Licensce, or the officers, agents, etnployees, patrolls or
invitees ofthe Licensee, or by any other person;
(d) the use of said Road Crossing by the Licensee's successors or assigtls or the officers, agents,
employees, patrons or invitees of the Licinsee's suocessors or assigns until the Licensee either complies
wit'tr ttre p-uirio6 of Section 8 or terminates the agreement as provided in Section 6; or
EXFIIBIT ts
PRX 880805 A
Form Approvcd, AVP-Latv
(e) the breach of any covenant or obligation assumed by-or irnposed on the Licensee pursuant to
this agreemeut, or the failuie of the Licensee to promptly and fully do any act or work for which the
Licensee is responsible pursuant to this agreetnent;
regardless of whether such Loss is caused solely or contributed to in part by the negligence of the
Licensor, its officers, agents or employees.
SECTION 6. TERMINATION ON BREACH OR ON NOTICE.
(a) It is agreed that the breach of any covenant, stipulation or condition lterein contained to be
kept apd p"rfolo"I by the I.icensee shall, at ihe option of tie Licensor, forthwith work a termination of
this agreement and uil ,igl',t, of the Liccnsee hereunder. A waiver by the Licensor of a breach by the
Licensee of any "o1r.nrrio.
condition of this agreement shall not impair tlre right of the Licensor to avail
itself of any subsequent breach thereof.
(b) This agreement may be terminated by either party on thiffy (30) days' written notice to the
other party.
StrCTION 7. REMOVAL OF ROAD CROSSING.
(a) Upon termination of this agreement howsoever, the Licensor shall, at the solc expense of the
Licensee, i"*tu" said Road Crossing and restore the premises of the Licensor to a condition comparable
to that existing immediately prior to the construction of said Road Crossing'
(b) In the event of the removal of the Road Crossing as in this section provided, the Licensor
shall not be liable to the Licensee for any damage sustained ty the Licensee for or on accouttt of such
removal, and such rernoval shall not prejudice or irnpair any right of action for damage, or otherwise,
which the Licensor may have against the Licensee.
SECTION 8. ASSIGNMENT.
The Licensee shall not assign this agreement, or any interest therein to any purchaser, lessee or
other holder of the property served 6y the cr"ossing or to any other person, without the written consent of
the Licensor. If the Licensee fails to secure the Licensor's consent to any assignment, the Licensee will
continue to be responsible for obligations and liabilities assutned hereiu.
SECTION 9. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Section 8 hereof, this agreement shall be binding upon and inure to
the belefit of tlre parties hereto, their respective heirs, executors, administrators, successors and assigns'
EXHIBIT B
EXHIBIT C
Union Pacific Railroad
Contract Insurance Requirements
publiciCommerciaUlndustrial/Licensee's Grade Crossing and/or Encroachment
Licensee shall, at its sole cost aud expense' procur,e and. maintain during the life of this Agreement
i*""'t as otha-wise provicled in this Agreernent) the following insurance coverage:
A. commercial General Liabilitv iusurance. commercial general liability (cGL-) with a limit of
not less than $5,000,000 each occurrence *J-u, ugg.eeate !1i] of not less than $10'000'000' CGL
insurance must be written on ISO occurrence forri-CC 00 01 t2 04 (or a substitute fonn providing
equivalent coverage).
The policy
insurance:
must also contain the followirig endorsement, which must be stated on the cerlificate of
r Contractual Liability Railroads ISO
equivalent coverage) showing "Union
Job Site.
formCG2417l00l(orasubstituteformprovidirrg
Pacific Railroad Company Property" as the Designated
B. Business Automobile Coverage iusurance' Business auto coverage written on ISO form CA 00
0l (or a substitute form providing equivalent liability coverage) with a combined single limit of not less
$5,000,000 for each accident.
The policy nrust contain tl-re following endorsements, which must be stated on the certificate of insurance:
o coverage For certain operations In Connection with Railroads ISO form cA20 70 10 0l (or a
substitute fonn providing equivat"n, "or"ruge)
showing "Uniou Pacific Property" as the
Designated Job Site.
o Motor Carrier Act Endorsernelt - Hazardous materials clean up (MCS-90) if required by law'
C. Umbrella or Excess insurance. If Licensee utilizes urnbrella or excess policies, these policies
,rurt,.fo-ili* fo.*' unftf-frd no less coverage than the primary policy'
Other Reouirements
D. All policy(ies) required above (except worker's compensation and employers liability) must
include Railroad as "Additional Insttred" u.i,-,g ISO Additional insured Endorsements CG 20 26' and CA
20 48 (or substitute fonns providing "quiril"nt coverage)' The coverage provided to Railroad as
adclitional insured shall, to the extent provided under ISO Adclitional Insured Endorsement cG 20 26'
and cA 20 48 provide coverage for Raihoad" n.gtig"n"" whether sole or partial, active or passive' and
sl.rall not be linrlted by License"e's liability under the indemnity provisi<lns of this Agreement'
B. Punitive darrages exclusion, if any, must be deleted (and the deletion indicated on the certificate
of insurance), unless the law governing tt i. egt**ent proliibits all punitive damages that rnight arise
under this Agreement-
F. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of
damages against Railroad and its agents, officerr, directors and employees. This waiver must be stated on
the certificate of insul'ance.
G. prior to eptering upon Railroad property, Licensee shall furnish Railroad rryith a certificate(s) of
insurance, executed by"a duly authorized representative of each iusurer, showing compliance with the
insurance reqttirements in this Agreement.
H. All insurance policies must be written by a reputable iusurance company acceptable to Railroad
or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do
business in the state(s) in which the work is to be performed'
L The fact that insurance is obtained by Licensee, or by Railroad on behalf of Licensee will not be
deemed to release or dirnilish the liability of Li""nr.", including, without limitation, liability under the
i,dernlity provisions of this Agreement. Damages recoverable by Railroad from Liceusee or any third
parfy will not be limited by the amount of the required iusurance coverage.
k
FUGITIVE DUST PLAN
North Bank Pit
Garfield County, Colorado
AIR PERMIT NO. O1GAO979F
April 2007
Site Information
Facility Name: North Bank Pit
Facility Type: Construction Sand and Gravel (SIC Code 1442)
Colorado Air Permit Number: 01GA0979F
Facility Address: Approximately 2 miles east of rifle on US 6
Rifle. Colorado
Emergency Contact: Mike Prehm, Pit Manager
Phone: 970.704.4883 office
970.379.s849
General Operation Schedule: 7 a.m. to 7 p.m. Monday through Saturday
Ma:<imum Production Limits: 7,000 tons per day
900,000 tons per year
North Bank Pit
Fugitive Dust Plan
Page 2 of l0
SECTION 1
Description of Industrial Activities
This fugitive dust plan (FDP) has been prepared for the North Bank Pit, which produces
aggregates for use at construction sites in the Garfield County vicinity. Aggregate
extraction at the site is conducted by loader and processing ofthe aggregate is conducted
using portable crushing units located at the Mamm Creek Pit following conveyor
transport across the Colorado River. The portable equipment units are covered by
individual air permits. Occasionally portable asphalt plants are brought into the Mamm
Creek site for short-term special jobs. All such plants are required to maintain a separate
air permit for their facility and are not covered by this FDP.
SECTION 2
The facility maintains a State issued air permit that covers fugitive dust emissions from
the associated mining activities. This permit specifies a number of requirements designed
to eliminate off-site transport of visible emissions and reduce PM10 emissions. It is
Lafarge's intension to use these as a minimum standard at the North Bank Pit and
whenever practicable to go above these standards.
Air Permit Dust Control Requirements
The air permit (01GA0979F) issued for the site by the State of Colorado Department of
Public Health and Environment - Air Pollution Control Division (CDPHE-APCD) on
March 6, 2007 (Modification No. 3) lists a number of particulate emissions control
measures that shall be instituted to stay in compliance. A copy of the fugitive dust permit
for the site is attached to this plan. The required measwes for control of fugitive dust are
listed below:
North Bank Pit
Fugitive Dust Plan
Page 3 of l0
Emissions from material handling (i.e. loading and hauling) shall be controlled by
watering at all times unless natural moisture is sufficient to control emissions.
Vehicle speed on all on-site haul roads and service roads shall be restricted to 15
miles per hour. Speed limit signs shall be posted.
The haul road surface (for removal of aggregate to an off-site location) shall have
a chemical dust suppressant applied to control dust. A water truck will be in
operation to spray piles and control dust in the pit. (i.e. to eliminate off-site
transport of visible emissions from areas treated with chemical dust suppressants)
Reclamation works and sequential extraction of material shall be initiated to keep
the total disturbed areas at a minimum. Material stockpiles (located on the
Mamm Creek side) shall be watered as necessary to control fugitive particulate
emissions. Aggregate materials shall be sprayed with water during material
loading into the storage bins or stockpiles.
A water truck with cannons and sprayer will be on site to water during operation
hours to control fugitive dust. A single truck will service both pits.
The following emission guidelines are listed in the permit:
(a) Processing Activities - Visible emissions not to exceed 20Yo, no off-property
transport of visible emissions.
(b) Haul Roads - No off-property transport of visible emissions shall apply to on-
site haul roads.
(c) Haul Trucks - There shall be no off-property transport of visible emissions
from haul trucks when operating on the property of the owner or operator.
There shall be no off-vehicle transport of visible emissions from the material
in the haul trucks when operating off of the property of the owner or operator.
General requirements for portable equipment permits are listed below:
oVisible emissions during normal operations shall be less than 20o/o and not more
than 30Yo for a six minute average during any sixty consecutive minutes for periods
of start-up, shutdown, and malfunction.
North Bank Pit
Fugitive Dust Plan
Page 4 of 10
1)
2)
3)
4)
s)
oThe permit number shall be displayed on the equipment
oStay within the annual production limits for each individual piece of equipment.
oWet suppression measures shall be directly installed and operated on all crushers
and either directly or indirectly installed and operated on all screens.
oShall be subject to NSPS Regulation 6, Part A, Subpart OOO which further limits
emissions to l5Yo opacity for crushers and screens and l1Yo for all transfer points.
oKeep a record of start-ups, shutdowns, and malfunctions shall be maintained.
In general the APCD does not speciff intervals for the application of dust control
measures and leaves it to the permit holder to apply such methods as often as necessary to
comply with the guideline to eliminate off-site transport of visible emissions. Details of
the methods undertaken to achieve this are included in Section 3: Best Management
Practices.
SECTION 3
Fugitive Dust Control Measures [mplemented
This section describes the development and implementation of fugitive dust management
controls specifically designed for the Eagle West Pit: FDP Administration, identification
of potential pollutant sources and Best Management Practices (BMPs), preventative
maintenance, good housekeeping techniques, and employee training.
North Bank Pit
Fugitive Dust Plan
Page 5 of 10
FDP Administration Team
Identification of Potential Pollutants
Potential sources of fugitive dust emissions at this facility include emissions from haul
roads, stockpiles, conveyor transfer points, processing equipment, and material handling.
Best Management Practices
The following best management practices will be implemented to comply with the
requirements listed in Section 2 and by Eagle County:
oA water truck equipped with spray cannon will be used at the site to apply water
to haul roads, stockpiles, and to the active mine face during extraction.
o Spray bars or similar watering devices are used at key transfer points on the
crushing and screening equipment and are to be running at all times. Shrouding
Team Members Responsibilities
Name: Mike Prehm
Title: Pit Manager
Phone: 970.379.5848
- Assist in plan development
- Advise Lafarge Resource Management of site
changes
- Facility inspections and compliance
- Employee Training
Name: Steve Wood
Title: VPGM Westem Slope
Phone: 970.704.4800
- Review plan
Name: Steve Compton
Title: Environmental Coordinator
Phone: 303.657.4330
- Complete and update plan
- Update plan as informed of changes
- Assist in implementation, maintenance, and
revision of the FDP at the site
- Employee Training
Name: Meghan McNulty
Title: Environmental Director
Phone: 303.657.4148
- Develop and implement BMPs for regional
fugitive dust management
- Manage pollutant issues
NOTE: Any team member may designate other trained personnel to conduct a facility inspection.
North Bank Pit
Fugitive Dust Plan
Page6oll0
of key transfer points is also utilized when water alone does not control
emissions or is impractical.
oA speed limit of 15 MPH is posted and enforced on all areas of the site.
oA chemical dust suppressant, typically magnesium chloride, is applied to all
haul road surfaces from the sales area to the facility entrance. The suppressant is
reapplied as needed to roads in an effort to further control dust between watering
trips. Typically suppressant is applied approximately every six months at the
Mamm Creek Pit and a similar application schedule will occur at North Bank.
This type of suppression is also effective during times when climatic conditions
render watering of roads ineffective and/or unsafe.
oParticulate emissions from transfer points associated with portable processing
equipment will be controlled by the natural moisture present in the material and
by water application at critical points as to comply with an emission limit of
l5Yo opacity over a six minute average from crushers and screens and 10% from
transfer points.
oReclamation work will begin as soon as is practicable following material
extraction and processing. Following spreading of topsoil, the reclaimed areas
will be seeded using the Division of Reclamation, Mining and Safety and
Garfield County approved seed mix as soon as is practicable, and growth will be
maintained with a sprinkler system.
oTopsoil and overburden stockpiles will be seeded with the approved seed mix
within 3 weeks of final extraction
oProduction records will be kept by the portable units and communicated with pit
personnel.
oA11 processing equipment will be subject to the New Source Performance
Standards O{SPS) requirements of Regulation Number 6, Subpalt OOO which
specifies visible emissions from conveyors and transfer points shall not exceed
10% opacity and visible emissions from crushers and screens shall not exceed
l5%o opacify. NSPS testing will be conducted as required to demonstrate
compliance with the above limits and to ensure the effectiveness of the
North Bank Pit
Fugitive Dust PIan
Page 7 of l0
suppression methods employed at the facility. If emissions in excess of these
levels are observed by on-site personnel then flow rates of the watering system
will be increased. Spray bars will be attached to crusher at transfer points to
control dust.
If the above measgres fail to meet emissions standards production will be halted.
oAll loaded trucks leaving the facility will be required to have their loads tarped'
In addition to the above listed BMP's, a weather related website that lists current data and
forecast information obtained from the Garfield County Airport (located approximately 2
miles southeast of the site) will be visited daily. Alarms are set up on this weather site to
alert facility personnel of incoming adverse weather. The forecasted wind and weather
information will be used as a guide to determine if dust suppression activities need to be
altered. Additional control measures for times of forecasted high winds will include
increased application of water to all accessible non-chemically treated areas to pre-wet
them before the wind event.
Finally, if conditions render the above referenced dust control measures are ineffective
mining operations will be discontinued until such time as the facility can be retumed to
compliance with the FDP.
Employee Training
Training of personnel is conducted annually to educate employees, at all levels of
responsibility, about the components and objectives of the site's FDP and general air
permit requirements.
The training scope will include the following topics:
Air Pollution Control
Recordkeeping
Stockpile Management - Minimize Ait Emissions
Good Housekeeping Techniques
Wet Dust Suppression
North Bank Pit
Fugitive Dust Plan
Page 8 of 10
Water Truck Dust Suppression
Best Management Practices in Place and Proper Maintenance
While operations are conducted on site, it will be the responsibility of the site manager or
operator in charge to train appropriate on-site personnel so that the goals of the FDP are
achieved. Both the pit manager and portable crushing foreman will be required to gain
NSPS, Regulation 6,Part A, Subpart OOO certification by attending the next available
training class. These certification classes are held in the fall and spring. In order to
maintain certification the individual must attend and pass a field certification exam every
six months. However, for this application it is our opinion that each of the above
referenced personnel should attend refresher classes annually.
Various other types of environmental training are conducted at different levels of the site
management. Environmental Training topics are produced for 'tailgate' meetings to
discuss site-specific environmental management. Site managers participate in a number
of internal and industry management meetings where environmental pollution control,
regulations, and responsibilities are discussed.
Records of personnel training conducted, including personnel in attendance, date of
training, and scope of training are available through the facility manager.
North Bank Pit
Fugitive Dust Plan
Page 9 of 10
REFERENCE DOCTIMENTS
The following is a list of documents that are kept either on site or at our regional office
and may be viewed upon request:
O CDPHE-APCD Air PErMit 01GAO979F
. Environmental Tailgate Training Sign-in Records
o Preventive Maintenance Records
o Water truck usage records
o Production records
North Bank Pit
Fugitrve Dust Plan
Page 10of10
EXHIBIT
Nonh Bank Resources Pit
GL 819.1
SPCC PIan
SPIL PREVENTION, CONTROL AND COUNTERMEASURE
(SPCC) PLAN
LAFARGE WEST,INC.
North Bank Resources pit
-2 miles east ofRifle on Highway 6
Rifle, CO 81650
Original Date of Facility's plan: 3l16/2007
Date of Last Plan Amendment / p.E. certification: March 2r,zaoZ
Date of Last Plan Review: March 2|,ZOO7
Designated perso4-\responsible for spill prevention: Mike prehm. Facility Manager
(Immediate emergency, use Lafarqe crisis Manasement plan and dial gll)
Notification Contacts:
1. Facility Manager, Mike prehm g70-379_Sg4g
2. Meghan McNulty, EnvironmentalDirector 303-657414g3. Steve compton. Resource Management coordinator 303-65743304. Steve Wood, VP/GM, Western Slope 97}-704_4g00
Government Agencies:
r Rifle Fire Department 911r state of colorado Dept. of Health & Environment l-977-5lg-5608 (oll-free). National Response Center 1_g00424_gg02o Garfield County LEPC g7O_g4S_gO2O
e Rifle Public Works Dept. (Watershed) 970-625_6223o Rifle Water Supervisor 970_625_2g41. Rifle Utility director 970_625-6272r Rifle City Manager gj}_625_6236
(Further spill response items on page 2)
t--.1
;l
,l
,t
No(h Bank ResourcEs Pit
GL 819.1
SPCC Plan
Reportable Quantities:
Any spill or overfill of petroleum products to the environment is reportable to the Lafarge
Environmental Division ifl
o Quantities are unknown, and/or
. The release is equal to or greater than 25 gallons, unless you can conclusively
show the release was less than the reportable quantity, and/or
o The release, in any amount, reaches or threatens to reach surface water,
groundwater, dry gullies, or storrn sewers, and/or
o The release is a hazardous substance that exceeds I gallon, and/or
r The release is less than 25 gallons, but cannot be cleaned-up within 24 hours.
In the event of a spill of petroleum products:
DO:
r Enact Lafarge Crisis Management Plan, if appropriate
o Shut off supply, stop leak (if possible)
o Shut off ignition sollrces
o Contain spill and/or dike ahead of spill
. Call your supervisor and/or Lafarge Environmental Departrnent
o Protect adjacent people, property, surface waters, and equipment from contact
with spill
. Follow MSDS for clean-up guidance
DON'T:
o Do not smoke
r Do not risk personal inj"ry
o Do not wash down spill with water
o Do not try to hide spili
Should a maior release occur. use Lafarge Crisis Management Plan and have the
following information available (See Attachment D):
o Your name and phone number:
o Date and time:
o Site nzune, phone number, and address:
r Description of release:
o Material discharged
o Estimate quantity discharged
o Cause and source ofdischarge
o Affected media
o Any damages or injuries
o Emergency response actions taken:
o Actions to stop, remove, or mitigate discharge
o Names of individuals and organizations contacted
o Person responsible for spill prevention:
I
I
North Bank Rdsouces Pit
GL 8I9.I
SPCC Plan
TABLE OF CONTENTS
P.E. Certification and Management Approval Page
Certification of the Applicability of the Substantial Harm Criteria Checklist
Five-Year Review Plan Summary
Location of Plan Statement
Spill Experience / History
Introduction
Facility Information
General Description
Flred and Mobile Storage List
General Requirements (40 CFR 112.4
Potential Equipment Failures Predictions Resulting in Spills
Containment and Diversionary Structures
Demonstration of Practicability
Inspections, Tests and Records
Personnel Training and Spill Prevention Procedures
Security
Tank Car and Truck l,6xding / Unloading Rack
Facility Drainage
Bulk Storage Containers
Facility Transfer Operations, Pumping, and Facility Process
F'IGURES:
Figure 1. Facility Diagram
ATTACHMENTS:
A. Substantial Harm Criteria Determination Checklist
B. Monthly Inspection Checklists
C. Spill Report Form
D. SPCC Training Records
E. Integrity Testing Worksheet
4
5
5
6
6
6
7
8
8
9
11
l1
12
12
13
13
13
14
t4
l6
t7
r8
19
21
'r1
23
Nonh Bmk R<srces Pit
cL 819.1
SPCC Plu
PROFESSIONAL ENGINEER CERIFICATION 40 CFR I12.3 (d)
CERTIFICATION: By means of this certification, I attest that I am familiar with the
requirements of provisions of 40 CFR I12, that I or my designated agent have visited and
examined the facility, that this SPCC Plan has been prepared in accordance with good
the
been
piocedures for required inspections and testing have
;is idequate for the faciliry.
Number:26647
Signature:Date Of Plan Certification:
SPILL PREVENTION, CONTROL AND COUNTERMEASURE PLAN
]VIANAGEMENT AL 40 CFR I I2.7
I hereby certi resources to implement this Plan have been committed.
Slate: Colorado
March 21,2007
r{
? fl^r::
Nonh Buk RcsourcPs Pit
cL 819.1
SPCC Pls
CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL HARM
CRITERIA CHECKLIST (C-II Form)
Please see Attachment A.
FIVE YEAR REVIEW PLAN SUMMARY PAGE
In accordance with 40 CFR I 12.5(b), a review and evaluation of this SPCC Plan is
conducted at least once every three years prior to August 16,2002' and at least once
every five years after August 11 ,2002. As a result of this review and evalualion, you
ru.i *"ni your SpCC FIan within six months of the review to include more effective
prevention und .ontrol technology if the technology has been field-proven at the tinre of
ihe .erie* and will significantlyreduce the likelihood of a discharge. A Professional
Engineer must certiry any technical amendments.
By signing the below table, the reviewer agrees that they completed the review and
evaluition of rhe SPCC PIan, for the facility listed in the top left corner of this Page, and
the below comments are accurate.
Tfi'ese revi 'and evaluations are recorded below:
Date Comments P.E. Cert. Required
J. Erich Rauber March 2 I, 200? Review Plan
Robinson lvtarch 2 I . /2007 Review Plan*
Yes
No
* Completed a review and evaluation to have new plan be in compliance with regulation
change,
EXHIBITZI
E
STA|E OF COLOTUDO
Bill Owens, Govemor
Dennis E. Ellis. Executive Direclor
Dedicated to protecting and improving lhe heallh and environment of the people ol Colorado
4300 Cherry Creek Dr. S. Laboralory Services Division
Denver, Colorado 80246-1530 8100 Lowry Blvd.
Phone (303) 692-2000 Denver, Colorado 80230-6928
TDD Lins (303) 691-z/00 (303) 692-3090
Located in Glendale, Colorado
http://www.cdphe.slate.co.us
October 4, 2006
Steve Wood, Vp Mountains
Lafarge West Inc
10170 Church Ranch Way Ste. 200
Westninster, CO 80021
RE: Certification, Colorado Wastewater Discharge Permit System
Permit No., COG-0500000, Facility Nurnber: COG.0500482
Colorado Departnent
of hrhlicHeatth
and Environment
Sincerely,
n {'t
il! ns: I -)t_{tlgw.araf
Dear Mr. Vy'ood:
Enclosed please find a copy of your certification, which was issued under the Colorado Water Quality Control
Act. You are Iegally obligated to comply with aII terms and conditions of the permit and certifications.
Please read the permit and the certification; if you have any questions contact me at (303) 692-3590.
Debbie Jessop, Administrative Assistant
Water Quality Protection Section
WATER QUALITY CONTROL DIVISION
Enclosure
xc: Regional Council of Government
Garfield CounfSr, l,ocal Count5r Health Departrnent
Mark Kadnuck, D.E., Technical Services Unit, WQCD
Permit File
Permit Fees
fih
Pennit No. COG-500000
Facilily No. COG-500482
CDMA No tul-2006418.
Page I
CERTIFICATION
AUTHORIZATION TO DISCHARGE UNDER THE
CDPS TNDUSTRIAL GENEML PERMIT
POR SAND AND GMVEL MINING AND PROCESSING GENERAL PERMIT
Category 07, Sub-category I - General Permits, Sand and Gravel - Process lVater & Stormwater, Annual Fee : $193.00
SIC Code I 442, Sand and gravel minihg, washing, cnshing screening and stockpiling
This permil speciJically antho rizes,LaFarge llest Inc
Steve Wood, ltP Mountains
10170 Church Ranch Way, Suite 200
ll'estminster, CO 8002 I
303-65 7-4 3 3 0 FAX 303-657-40 37
Steve Compton, Resource Management Coordinator
SANE
wilh thefacility contact of
to dischargefromfacilities identified as the NORTII BANK PIT - RIFLE CO, located at Lat: 39D 32, J2.88,, Long: -107D 43, 31.06u, Garfield
County as shown infigure I of the permit,from Discharge Point(s) identified as 001-002. as shown infigure 2 of the pirmit andfurther identifiei and
descibed in this table.
Discharge
Point D es cript io n and tedme nt Estimated
"Flow Rate
00t
002
Mine dewatering to settling trench antlfrom lhere lo an un-named tributary of the
Colorado River.
Mine dewatering to settling trench and from there to an un-named tributary of the
Colorado River.
Ave, :0.4 MGO
Avg.:9.4 *O,
The dischargesfron Outfalb l1land 002 are to Segment 4a ofthe Lower Colorado River Sub-basin,found in the Classfrcations and Numeric
Standards for Lower Colorado River. Regttlation 37 (5 CCR t 002-37); last update elfective jDJ06. This iegm*t t * biiJi"tpjyrlfir1ol".irc
uses: l.qudtic Life Cold 2;Recreation 2;Water Supply and Agiculture.
Salinity (TDS) monitoing of the discharge will be required^
Phosphorus monitoring of the dbcharge wilt not be required.
Antidegradation review does not apply because no paramelers timited by water quality standartls other than pH are expected.
At lhe time of application, the permittee certified that lhey had developed and implemented a Stormwater Management plan (SWMp)for thisfacility-
Starc Wood signed this certification on 9/2 t/06. As a condition of this permit, a copy olthe SWMP must be pioviited to the Divisioi upon request.
The permitlee is encouraged to read the general rationale for an understanding of how thk permit was cleveloped and read. the permit to see what
requirements have changed since the last renewal. In the permit, elfluent limitations are specifi.ed in Pans I.i). antl I.C and minitoring/reporting
requirements are specfied in Part I.D: special notifcation requirements for efJluent iolations are addressed in pan II.A.
All correspondence relative to this facility should reference the specifcfacility number, COG-500482.
9/29/2006
This facility permit contains 26 pages.
, t ,o' .,iel( i i
r'j)\
I
!
.\.
f5-1
,;;{
li: -l
ffiWffi ----lil"='d,r io7j.o2cELffi.3.5fopoQ.ladJ€|.lh1icopyrlgh(olcomantowllg.ffi:-i";:..i
w.dolqrc.Conl
I
'i\" 'r> iL; \=:j
II;
I i\\1r.E\l
t rllii\i ?li !i\i r-r;a r:iili!
\-,i
I
\
i
v.
n
htr
,$,
B
d
.\
\,
)r
- 't.;l{'i'... '.}i-'t'r r* i; .;\ ..'\\". 1'. '.. .,. l''-rT'\i.t
!4
t-!i
a4
3dvb\->, I
^tE!salIi .irt x:lilSo\in!Err-l(':-'oc ^. t lot{Yn
xs\.\.Sn
::
I
^fii2:-o:a
s. a-
i r.t;t@
_!
E
(/'r
2l
r,
iAr
G{
\l
\R it:i
:: /?.iii
iEe
a
T:i
r.: ri:i :Il
'i,1.;ii ill
iii*;iii3riii
ai',it ! -tr;;?r-.
ii i' tI;iErli 33ix?!" ie?
ii5lqijtr
lf-
ia,: lo
rigii0ti
$
7
'I
.I
i
H;
dii!11 :'
*-,*:
irir
a*
trJ
PROCESS WATER AND STORNIVTATER.
DISCIIARGES ASSOCIATED !YI[I
SAND AND GRAVEL PRODUCTION
OPERATIONS (AND OTHER.
NONMBTALLIC MINERAIS
EXCEPT H.IEL)
FOR AGENCY USE ONLY
PERMITNUMBER
clo
DATERECETYED
YEAR MONTH DAY
TYPEI P s
Please print or tilre. Do mt attempt to complete this form before reading the insnuctions.
New I or Renewal I If renewal, existing permit number: CQG5OO482-.
L Name and address of permit applicant:
Comlnny Name:| .efzrpe West. Tac
Fe&ral Taxpayer (or Employer) D#: 25-1531295
Mailing AtHress :10170 Church Ranch Wav. Suite 200
City, Srate aadzip Code: Westoinster, CO 8@l
Phone Number: ( 303 ) 657-4000
Local Coutact (familiar with facility): Steve Compton Title: Environmental Coordinator
Phone Number: ( 303 ) 657a330 FaxNo.: ( 303 )6574037
Who is applying for
2- Name and address ,
Company Name:
the permir? n or"ou Iop.*ot
of properf;r owner:
Mailing Address :
City, State and Zip Code :
PhoneNumber:( )
3- Location of the facilify:
Street Mdress: Not Vet assiengd (approximatd
Ciry, State ardZp Code: Rifle. CO 81650
Counry: Garfield Name of facility: North Bank Pit
kgal location (Towaship, Range, sectior, 1/4 section): S %of Secrion 12. T65. R93W
I-atitude and Longitude: 39 dee 32' 37"N. lfr dee 43' 31- W
4. Standaril Industrial Classification (SIC) Code(s) for this facility. (Irrclude tp to fow, in order of importauce. See Appendix A.)
a) MaZ b)
5. Receiving Strean; Tbe nerne of &e receiving stream(s). (If discharge is to a ditch or stortr sewer, also include the mme of the ultimate
receivilg vaters.)
Colorado River
6. Indstrial Activity: Describe the primary iadustrial activities which ake place on site (e.g., sand and gravel mining, gypsrm nrining, saad
washiag, gravel crushing, stationary or mobile asphalt/concrete batch plaus, etc.). Indicate the status of the faciliry (active, imctive, being
reclaimed, etc.) Saad and Favel mininq atrd processing. Ilactive.
7. Other enviroamental Pemits: Does this faciliry curremly have any other enyirono:rental permits, or is it subiL o regularioo, under either of
the followilg programs?
Permit Name Yes No Aprplied For, Date Permit No.
a.) Colorado Division of Minerals aud Geology
fformer]v MI-RD)
x 2006 M-200ffi18
b.) Usdersround Iniection Control
x
c.) Dredge or fill permit uoder Section 4Ol of the Clean
Water Au (CWA) (Army Corps of F-ngheers;
x 2006 2@17fi36
d.) Resource Conservation and Recovery Act (RCRA)
x
e.) CDPS Stormwater x
f.) Colorado State Air Pollution Fmis5i61 x 2@6 01GA0979F
g.) Other
If Yes to item 7.a), please include Colorado Division of Minerals and Geolog (Mined Land Reclamafion Board) perrnit anniversary date;
Not vef assigned
d)c)
4
. 8. Stormwater vs. Proccss Water
Do you discharge any of the followilg process generated wastewaters from your faciliry, to slate waters?
trvo EYo Productwashwaters
f Uo D yo Maintenance/eguipmpnt wrRh watets
f i.ro n yo Transport waters (e.g., slunies)
I No D Vo Scrubber waters (crushers or classifiers)
D No lf.r Mine dewatering (gro,rndwater and/or runofrfrom the mine)
Ifyou answered YES to auy of these questions, continue on to Item 9.
If you arswered NO to aU of these guestiom, skip ro Ircm 18.
9. I,ocation map: A location map desiguting the faciliry property, discharge points and receiving waters sball be submiEed The map shell !s
from a 72 or 15 min*e USGS quad sheet, or a map of comparable scale. A oorth arrow shall be shown- The map must be oD lraper 8 2 r 11
inches.
10. Site *etch: A legible general sketch of the site shell !g ubmitted" showing appurtenalt facilities (buildings, ponds, diversion ditcbes,
stocEriles, etc.), stream location, mmbered discharge points, saryling and flow monitoriry poiats. The map Eust be on lnPer 8 2 x 11
inches. The outhlls shrll $s labeled to correspond with the m'mhers listed in 15.
11. SitespeciEc conclitiore:
a) Does this facility have bulk storage ofdiesel fuel, gasoline, solvents, fertilizer,
sr 6fig1 hezqrdorrs materials on site? n No I ya"
b) Is this operatioo located within one mile of a laldfiIl, or any mirre o, -111 tailings? I llo I Vo
c) Does the dewatering area bave or possibly have grouadwater contaEj.Dation, such-as
Plumes from leaking mderground storage tanks, etc-?Iu" flvo
H YES for any of these, please show locarion of the landfll, t?ilings or possible groundwater contamhation on the location mEr in item 8 or in
the general skerch ia ircm 10. Please elplain the location, extent of coffamination, and possible effect on tle discharges from this faciliry.
['ust *qnks that may be associated with Lafarge operatiou are contained ou site and used as needeiL No known or suspected
contamiuation associated with these t"tko.
Qrsyel mining operations are located west and south 6f rhis 5ite-
5
12. Chemical featuent:
[qo [y"t
Witl auy flocculants (settling agents or chemical additives) be used to treat sater pdor to discharge?
If YES, list here, and include the Marerial Safery Data Sheet (MSDS):
Chenical Nane *Manufacturer Purpose Itr Which Waste Stream?
NA
'r' If tbc chemical formula is rrnknown or confidential, provide the manufacnuer's name, coffact persoo, address and phooe mrmber or a ccpy
sf fts mernrfrcturer's brochure, pro&rct label information or materials handling data sheet for each pro&rct used. Please tist the major
constirueds or acrive ingredieo(s), if knrvn-
13. Arc tbe receiviag waters, indicated in irem 5, a dirch or srorm sewer?
INo Evo
If YES, submit documenfatioD tbat the owner of &e dirch or storm sewer allows dris discbarge. No certificarion will be processed unless
docurnemadon of approval is received-
Note A discharge pemit does not allow a d.ischarge into a ditch or muaicipat storm sewer system withort the approvat of the owrrr/operator of
tiat system. Please provide documentation of approval,&om the ditch comFany or owner of the storm sewer for aII new disc.barges.
14. Flow measnrpment: Whar mahod of flow measurcment wiil be used for each discbarge point (e.g., v-ootch weir, pump capacity, parshall
flrme, etc.)?
6
, 15. Orffalls - For each process water outfall, provide a description of:
all operations contributing wastewater to the effluerxt, includiag water associatert with product crushing or washiag, equipmeat washing,
saniary wastewater, groundwater;
- the average flow contn'buted by each operatiion;
- tle Eeatmeil received by the wastewater, including al identification of any cbemical additives used.
Use additional pages:rs neded.
OUTFALL
NUMBER
WASIEWATER SOI]RCE AVG FLOW, MGD*TREATMENT
USED
DESIGN**
FLOW, MGD
RECENTING
WATERS
001-m2
Miae dewatering 0.4 MGD Settliag Colorado
River
*X{GD - Millicn gatlo!6/day
+*If sedimed pon4 irrli66 approximate volume of water.
16. Water quality data: Anatytical data for the following parameters shall be submired for at least one grab sample &om each discharge point. If
oo water is currently available for analysis, so indicarc.
Alkalinity (me/t)
Total Dlssolved Solids (mgfl)
Total Suspended Solids (mer4)
OiI and Grease (mg/l)
X No water to aoallze at'his tine
The Dvision may request asalysis of other parameters once the application has been reviewed.
17. Actiyiry duratiou When did the activity commence? l,anr.Z0oT What is the estimated life of tbe activity from which tbe
discharg{s) identified in item 15 originate? 10 years.
pH (s.u.)
CoD (mg/l)
i8, STORIVTWAIER MANAGEMENTPI.AI{
This iterD applies to fJ hcrrities. A stormwater Management Plan (s!rMP) shall be prepared prior to applying for coverage urder the general permiq
and tbe fouoq.ing certificatioa sigrred. See the SWMp requiremenb in Appeadix B.
'I cerfifr under
preparedfor my
gatlering the
penalties
ofPErmitA
Narre (printcd)
Nama (p'iuted)
complete Stormwater Manag€meni Pla!, itr compliace with Appeadix B of this application, has beco
ty inquiry of the person orpersom wio maaage tbe system, orthose persoas directly respousible for
is, to the best of my knowledge and belie! tue, accurate, aad complete. I am aware 6at ttrere are sigrdficant
W of sa4 SWMP, includingtheposnibilif of fine and iaprisorne,rrl,,
19. Signature ofApplicant
"I certifr under penalty of law that I have personally examined aad am familiar with the informatioa submined in this apptcation and allattachmen8 aad that, based ou my inquiry of those iadjl"jdrralc immediately responsible for obtainiug the i::formation, I believe that theinformation is true' accurale and corrylete. I arn aware that there are significaort penalties for submitting false informatioq including thepossibility of ftre and imprisonmenl,,
Title
i\1\lii|it\
\i\
t,
E itrg r!ErIt!l\i
B!
0rj.E
tt1'
o
E
2
6l.t o
t
0
it
\ri
\\t\-o:6.g.
Bll:
si
i
., ;-
''-J
iI \itI i t .. 'ri,\
,iiil\
I
i r.. >.ll '. rq''ii *+. i.'i ii ,' v.iv
.lt
(
I
,.ia
.-q
=6E; ;EE ./
sl
Vl
I
BEO \,
-r\
ic:.:
illn
ff;fi8
iEEg
Ir
l0
nr
i?
ID
Ii1ilil+ t
;qEISErEE
EEF B'-3;Fs"BBL'= 6AfE 22F9d855
,+hi
ee*;
EE
_it,-:.H 6
qoieBEqF
B
l.Jo
yr,-otD:o
Eii
5
o-o
. 'r '1.
Ei
6S
taa;
i5
i,
!-t-E
I
l
€
,+=t3
4&
flI
's'
iil
5E
i
ffl6
4
(-'r
oAItq
d+
a
i' \)
c ft-..
i
I
i
o(f
::
12
tiI
l
,1
I
q
I
I
i/
. !:'9
A:Ll>N=xl ->.Y,Z
(t,S
rn.k) 'l
I 'Til.\) \-u mi-=llri
-l:-''/^ A2/)i
i
tt, ,rr;\ -,-,':-
',?
ii
\i
_)
I'+.
'o.
I'1 ',/ 'ti)'-t I a/
I .i-]
,L {.-
r! -;
?,---r{-_,*r L- /--J I4l
i
iiiiiiiifilf' ii;i iiilit
iii f; lti
!ool
o.-i=f,l
!9
o-
!E
v:o
:9
o-J3
il."EEEEhll, E'E-
lilE'g,l
lliiiiiEiiii B t it'
1:trit
iiirag5t
1
,
i,}:EiYtr9trYL3 ! ! l;lii ;5i€i r( :
i3r
i
o
mrFj'i't
o
mrr
w
I
l7 / 25 / 20t7 IYED 17! 5 0 FAx
BEFORE THE CITY COU{CIL OF THE CITY OF zuFLE, COLORADO
CONCERNINC THE APPLICATION FOR A WATERSHED DISTRICT PERMIT OF LAFARGb
WEST, INC. TO OPERATE A GRAVEL PIT KNOWN AS THE NORTH BANK PIT IN THE
COLORADO RTVER WATERSHET)
FINDINGS OF FACT, CONCLUSIONS OF I*A,WAND APPROVAL OF WATERSHED
DISTRICT PERMIT NO. 1_07
I. BACKG.ROUND
l. On Ocbber 28, 200t5, North Bank Holdings, LLC and Lathrge West Inc. (the
"'Appiicanr") applicd to the City of Rrf.le (the 'City") for a wateffihed district pcrmit to operete a
sand and gravel pit operation including a conveyor bridge rystem cousisting of a suspcusian bridge
and an elevated conveyor truss crossing thc Colomdo River and facilities appurteilant to mining
activities (the 'Project") on prope4y located in Section I2, T65-, R93W., 6'b PM. The Prqicct is
Iocatedupstream from the City's Colorado Rlcrrawwaterintake sfucture and sedimeilatiotrpoud
xithinthe City's WatprshpdDistrimiurisdictioq aodtheapplicationwas submittedpunuantto City
ofRifle ffiinanceNo.22. Series of 1994, codfied iuArticle II of Or.tpter 13 ofthe Riflo Municipal
Code ("RMC').
2. For the purpose of this permit (the "Permit'), the applicatior shall consist of the
uatcr-shed permit application arrd application uotebook prepared by Lafrrge rily'est, I-ac^ dated
Novcmbcr 14,2006 including conveyorbridge drawings, miniugplan, reclamationplan" soils rrport,
vegetation repon wildliferryort drainageplan, water report, and floodplain study aud scoureport,
aII eonespondence and materials submitted to the City by thc Applicant or its agenls, as urell as all
reprcseniations, whether oral or writter, made as part of the applicafion and public hearing process.
These items shall bc collcctivcly referred to herein as the "ApplicaliQn."
3. Following the reoeipt and rsview of the l^pplication, Jeffcry ,S. Simonson, P-E, of
Schoueser Cordon Meyer, Inc-, Professional Eugineer for the City, submitted his findings to t]re
City regarding the Project in a letter dfied January 22,2W7, attac.bsd hseto as Exhibit A snd
incorporatedhereinbythisrcference (the "SimonsonLetttr'J. TheSioousof,Lettcrconcludedthat,
so long as the koject is opcrated in compliance with the Applicdiu"r ard conditions coniaincd in
the $imonson L*tto, the proposed activity constitutes an *lmpad' uuder the RMC because it is part
ofacumulative seriesofrniuorfunpacts ftoo similaractivi(ies andgasindustry developrnent onboth
sides of thc Colorado River upsbcam from the City's potable intaftc.
4. Any and all other permits issued or to be issued by county. shtc asd/or federal
agencies in relation lo the opcmtion of the Projed are incorporated herein by t-his referencc.
II. FINDINCS OI,'FACT
5. The proposed activity is within the defined boundaries o-[ the City's Watershed
l:\1oon(:llcrE\xiilclx-lOto)!rfrrEr JOlf\Do.osrnlr\E'Sl$nirO,-Or.-r, -1- '
EXHIBIT
Ioog
11 /2112007 ltED 17:51 FAx
Ciry of Rinc, Colorrdo
Watcrshed Disricr Pennir No. I-07
Norlh Brnl Sile
North Bank Iloldings, LLC und Laflugc Wesr, Inc-
District as de fined in RMC $ I 3-2-20, specifically within five (5) rniles of the City's Colorado River
municipal u/8ter diversion and if,takc structure The proposed activities include the operation of a
gravel pit.
6. The Applicition filed by the Applicaat is conplete.
7 . The Applicant has paid the application fee requirrd under RMC $ 13-2-1 10.
8. A duly noticed Public Hearingwas held beforettre Rifle City Council (the "Council")
on February 21,2007. At the hearing, testirnony w-as presented by Jeff Simonson regmdbg the
activities proposed by the Applicant and the appticability of the City's Watershed Disrict
Ordinance- Assistant City Attorney Jim Neu explained to dre Council that its jurisdiction on this
rnatterextondedfive (5) miler heyondtheCity's Colomdo Riverintrke point, andthtrtit's authoriry
was limited to the protection of the City's water quality and supply. Mr- Simonson explained the
proyisions of the Pcrrnit, and rccommcndcd issuaucc of ftc Pcrmit zubjcct to the tcrms and
conditions ser forth in the Simorson Lefter, which classi-Eed the goposed'activides as an Impacr
pursuanttoRMC$13-2-120. SteveWoodandHelenMigchelbrinlc,P.E.,bothwithLafargeWest,
lnc.,providedtestirnonyonbohalfofthe AppiicantregardingtheApplicationandtheProject. The
City Council e:rpressed conccrns rcgarding the City not having a final SpCC plan and Storm Water
Management Plan for its review prior to issuing the Psrmit. The Applicant indicated dtat they can
fonuard thosc documents to thc Ciry a:rd until thosc arc rwiewcd aDd appmved by thc City, thc City
can withhold irs signature m rhe Pennit. The City Council also wanted to ffrsure the City would
inspect the Project rwicc pcr year, regardless of the condition in thc Simonson Lettcr. Finally, the
City Council waorcd rhe SPCC Piau and auy other emef,gency notilications regardhg the hd ect to
include evening phure uurnbers for the Citv Utility Director, City Public Works Drector eud City
Manager. Tesdmony was opened up for mernbers of the public and there was e questiou regarding
any changes in the flow of the Colorado River, and the Applicant responded that the hoject is
outside the floodplain rnd tl:se will be no irnpact to the flow of the River.
9 With the conditions contained in the Simonson Letter in place, as modified herein,
and based upon the testiruony, the Council finds that the proposed activities do not preseut or create
a clear or foreseeab'le risk of significant injury to the City's waterworks or pollution to the City water
supply so long as the Applicant adhrrcs to all of the conditions stated in thc Simonson Letter and
sct fictth hercin.
10. The Couucil hereby finds and determiues that the issuance ofthe Permitrequires the
inclusion of conditions a-s set forth in tlre Simonson Leftor and a^s ortlined above, that suoh
condrtions are nece$sary to prevont a risk of injury to the City's water works ald pollution of the
Ciry's warer supply, and rhat such condidons are authorized pursuant to RMC $13-2-140.
q0o3/o1o
, \?0071CliFt\[ilI*u-to(iJL.hrU{-innt\rrvCr'.$trr$W.\-Prrn,irn,-nr,*0,, -2-
01/?5/2007 wED 17t52 PAx
Ciry olRitlc, Colorudo
Warerdred Dirtrict PcrmitNo. l-07
North Benk Sitr
Nrrth Brnk Holdings, LLC and Lafargc \JYcsr. Inc.
III. CONCLUSIONS OF LAW AND IS$UANCE OF PERNIIT
I 1. The foregoing Findinp of Fa+ts a$ incorporated hcrein by reference.
12- The City has jurisdiction ovcr thc proposed activity pursua^Bt to RMC $ 13-2-20 arut
City of Rifle Ordinance No. 22, Series of 1994.
I 3- Based on the evidcnce prcsented at the Public Hcar'rng and the Sinonsou l*tter, the
Council hereby dstermines that this dccision shall constitute a Watershed Di$rict Permit for ths
operation of the Projr*t as morc futly outlined iB. the Application. The conditions of approval
rccofimended by I,Ir. Silnoason in the Simonson Letter are hereby apprqvcd and adopEd by tle
Cor.rocil as colditiotrs of approval of this Perrnit unless expressly arnended herein- In addition, the
following shall be csndirions of approval ofthe Permit
, The Applicant shall forward the final SPCC Ptan for the Pro.yect and Stonn Water
Management Plaa as it spcciflcally relaEs to the construction and operation of the
convqyor belt crossing of thc Colmado River to the City fu its review md approved
before this Permit is issued., The City shall inspect the Project at the Applicant's elpense twice per year,
regardless of the cnndition in the Simon-son Letter'
' The SPCC Plan and any other emergency notiftcatious reglrding the Project shall
include evening telephone numbers for the City Utility Dirccmr, City Public Works
Director and City Manager.
Jn sd(ition, all rcpresentations, whcther oral or wJitte& made by the Applicaut andor its agetrtr as
part of the application and public hearins process sball be conditions of 4proval of the Penait
14. Ail conditiors of approval contaif,cd within any perrnit issued to the Applicant for
theProjectbyanycouf,ty, state aod/orfederal ageocy shallbe deemed cmdition-s ofapprovalofthis
Permit. Any violarion of the cof,ditions of asy other suchperrnit issued shall bo deemeda violation
of this Perrrit subject to all of the reaedies provided for hmein.
1i A copy of this Permit shell be sentby certified mail, rcturn rcccipt requested, to Ue
Applicant.
16. Pursuant to RMC $13-2-110, the Applicant shail reimbuse the City for all outside
professioml smvices, including but uot limited to engineering, legal, consulting. publication and
copying fes associated with the review of the Apptication prior to the issuancc ofthis Pemlit'.
@u0a/ 010
I1200-l\Ciimu\Riflr\&. l0i6)Iafarft'l0tl\Dormmra\WSPrmiror-O,vpa -3-
07 /25/ 2007 wep 1?:52 FAx
City of RifIe, Q6leredo
Warer{hed Disr.ricr PsmirNo. 147
North Brtnk Siu
North Bark Hold.ilgs, LLC rnd Lafargc Wcst. lgc.
t7
Applicant.
@()o5/olo
This Pernlt shall not be effective until approved by the Ciry and agrsed to by the
CITY OF RIFLE, COLORADO
2 2Y/
1-0Taccepedanrlagreedtothis 4 J dayof
Darerrthis Z|ilo^r,r JulV .roor.______l-
City of Rifle Watershcd District PermitNo.ffu L Y ,zoot.
I
Scott Balcomb, President
L:U0lr7\Cli(n&\ltitlE\n-10(t)LrIrr[c-10i9\Docuocntr\WSlcuir0t.0?--pd 4-
o7/?5/2007 w-sn li:5i
.a+.{o*\*/
SCHMUESER GORDON MEYER
f I.I GI N E EFIS gU HVEYqRS
C::{F:E'i' !=EnJE'
rrg$ s.gumAE
gEpw6OE aFkrdcg. CO B I 60 I
SrO+,5., OCE
|}: Q?Sq{5-'r846
@oo6/o1o
.:EE, f :c<TE? El'ii
E o. gox ? t55 E C Fox 3OO0
arc[. co gl6l? cnElrED 6!ir. Eo llSE!
E1c..iz)-6727 e7o94e-5399
Fa, 97OC25<(57 a- 97O54?'13:e
January 22,2007
Mr. BillSappinglon, P E-
City o{ Rifie
PO Box t908
Rifle CO 81650
James Neu, Esq.
Leavenworth & Karp, P.C,
PO Box 2030
Glenwood Spring$ CO 81602
RE: Lalarge West,lnc,, North Bank Holdings. LLC
Watershed DistrictPermit Application for North Bank $ite Gravel Extraction
and Processing on ihe Colorado River lrttake Watershed
Dear Billand Jim:
At the request ol the Ciiy of Rifte, we have reviewed the Walershed District Permit
applicalion submitted by Lafarge West, lncorporated and North Bank Holdings, LLC lor
the proposed Nqrth Bank Siie Gravel Extraclion and Processing located within the
Colorado River lnlake walershed for the City of Rille. The Applicanl proposes to
develop I sand and gravel pit operation including approval {or a conveyor across the
Colorado River lo convey the sand and gravel resources from lhe pit to the Mamm
Creek pit site where the mined mdterials witl be processed. The proposed project is
located on a parcel of land that is approxirnately 200 acres in size and lies between U.S.
Highwsy 6 and lhe Colorado River (lormerly known as the McBride property). lt is
located direclly across lrom the Lafarge Mamm Creek Pit. Ttn general local,on map
irom lhe appiicalion is atlached.
The application submitlal includes a bound book prepared by LaFarge dated November
14, 2006 containing the following in{ormalion;
1, Watershed Permit Applicalion
2. Conveyor Bridge Drawings
3. Conveyor Bridge Photo Renderings
4. DRMS Mining Permit Application
5. Floodplain Study and Scour Analysis
6. Reclamation Drawings
7. Slorm Water Management Plan
- extttaff
iln
01 /2512007 wED l?i 53 FAx @007/0ro
January ??,2007
Page 2
ln addilion. ihe applicalion submiflat includes the September 3, 2001 {loodplain sludy of
the Colorado Rivel as prepared by Hign Counlry Engineering in suppoil of the previous
Mamm Creek Gravel Pil DMG and Wstershed Permit applications.
CLASSIFICATION
Easeo' on our review and analysis set lorth below, we recomrnend classifying the project
as an "lrnpact'since the proposed €ctivity is parl of a cumulalive series of minor impacls
lrom similar aclivities and gas indlrslry development on both sides of the riwr upstream
{rom the City's potable waler intake-
ANALYSIS
The proposed activity inciudes sand and gravel mining activrties and associaied
operalions including primary crusher/screening facililies and an associaled fueling
Iacilily, The mining plan also ulllizes a conveyor asrcss the Colorado River to transporl
mined materials 10 lheir processing lecilities in lhe Mamrn Creek Pit. The site is locaied
on the norlh side of the Colorado River approximately 1 1/2 mile upslream from the City
of Rifle's Colorado River water supply intake- Activities on the site ra11; be ongoing for
approximalely 12 years depending on lhe demand for lhe mined malerials.
The site aclivilies vsill ultifietely expose glound waler which increases the potential lor
impact to the ground water resourc,e lrom bolh minor and major spills within the projecl-
The ground water flow is in a sotrthwesterly dlreclion and tributary 10 the Colorado River
above the Cily's intake. The proposed grading and mining aclivilies are reporled to be
localed oulside o{ the 100 year llood plain atthough one recommended condition o,
spproyal requesls their mapping lo tdenlify the 100 year flood p,ein on the mining plan
map to confirm such-
Surface runofl from the project wiil be conlained whhin the project sile, lhereforg, svqeion
and discharge of sedimenl lo the river syslem is not a significant risk for the City.
Dewaiering opera'lions {or the projecl wili discharge high TDS w6ler inlo the Cclorado
River via I setlling pond. Such activities are regulaled by the Colorado Deparlmenl of
Public Heatth and Environment lhrough a Process Waler and Storm Waler Discharge
Pernrit Process. While such discharges may be permitted by the Stale due to the high
dilutiorr faclqr in lhe Colorado River, the Cily ne€ds to be awate of such discharges and
should be copied with the discharge moniloring data on a regular basis suoh as guarlerly
reports.
The appllcalion prevides 6 "ssmple' SPCC ptan {or the ancillary uses associaled with
the mifiing activilies. Upon installalion q{ the fuel slorage lank, a specific SPCC plan will
be prepare0 and certilied by a registered professional engineer thal the plan rneels
industry slandards and the requiremenls in 40CFR112 regarding oil pollulion prevention,
@008/0100?/25/2U0? wED 1?t 53 FAx
January 22,2OO7
Page 3
The City will need 1o be provided a copy o{ the SPCC plan when prepared. As
condilioned, lhe Cily ol Rifle will need to be jncluded on the nolification and emergenry
Goiltacl ll$1 in lhe case ol a fuel spill- yy. vy6lrld recommend that the City's Waler plant
personrrel be lhe prirnary conlacl numbers.
Ground water conlemination is a long lerm pglenliat impact 1o the City- The submittal
presont plans and standards ol care 1o minimae ihe risk of impacl to the City. The
proposed activily in itset{ worlld likely be classilied as a rninor impact. However, this
activily in conjunclion wilh several olher sand and gravel pil operations as well as lhe
associaled gas drilling operations should be viewed as part ol a series of cumulalive
ifipacts to the walershed o{ the City's Colorado River inlake. There{ore, il has been
g;6ssified as an irnpact lo lhe Cily's waler works and the Cily water supply. 11 should be
noted lhal lhis review has been specific to lhe proposed mining activilies and does nol
address the gas drilling aclivilies that are fulule ot concurlenlly under uJEy-
Relocation ol the mining aclivilies out of the 100 year flood plain, conslructing lhe
conveyor Sspring the Colorado River lloodplain in mind. ploposed implemenlation of
best management pl6ns and irnplemenialion of SPCC plans lor the mining activily
minimizes the polenlial risk {or tne City and is the basis for a recommendalion lor
approval oi lhe permit. Hgwever, several recommended condilions of approval are
oullined beloyy and are recommended to insure compliance with the permit and to assisl
in minimizing the polential risk 10 the City.
RECOMMENDATIONS
We recommend issuance of Watershed Dislrict Permit with the following condrtions:
1. The Applicanl shall maintain and comply wilh its CDPHE Process Waler and
Slorrn Waler Discharge perrnit. The Applicant shall submil a cepy of ile
discharge reporls lo the City on a quartedy basis.
2. The City of Rifle shall be included on the noli{ication lisl and emergency contacl
Iist in each SPCC ior the sila. The poinl o{ contact shall be the water pl8nt at
970,625-2541, ln addition, the cily shall be in receipt of a copy of the $PCC
Plan, when prepaled, for the sile.
The project shail be subject to periodic inspeclions by tl'e cily and/or its
consullanls. This projecl shall be included in the bi-ennual inspection list {or
eclive Walershed Dislrict Permits- The applicanl shall be respons;ble for all
costs assoqialed wilh such inspection-
The Applicant will need lo provide necessaly bank st'abili2alion in the evenl
Colorado River channel migration occurs and reduces the specilied 100. loot
bufler belween the mining excevalions and lhe river channel.
t
4.
t4009/0100?/25l?00? wED r7:5? FAx
P*i0xu.-January 22, 2Q07
Page 4
The Applicant will need to provide andlor clarify the tocation of the lOGyear flood
plsin line on the Mining Plan drawings lo con{irm that all proposed mining
aclivilies will lie outside of the flood plain.
The Applicant wili need 1o provide a letler cerlifying (lrom a Registered Engineer
ol Colorado) lhe facl thal conslruclion o1 lhe proposed conveyo!' will not
negalively impacl the flow capabililies o{ lhe Colorado River- This letter will need
lo contain slalernenls relBtive lo the exislence o{ lhe conveyor nol causing either
an increase in flood velocilies and/or {lood depths al the 100-year {lood
occurrence on lhe Colorado River,
The AppJicant will need to have thelr inslEllalion drawings modified 10 reflect the
foundalion deplhs and erosion prDleclion requiremenls identified in their Scour
Study prior lo construclion ol the Convelor. The Cily shall be provided copies of
permli subrnillals and secured permits tor any required permits (ie-, Ilood plain
development or USACE 404 PermitsJ needed to suppofl the installalion of the
piels for the conveyor in the llood piain o1 the Colorado River,
5.
6
t.
Please call if you have any queslions or need addilional informalion.
Sincerely,
SCHMUESER GORDON MEYER, INC.
JeffereyS. $imonson, P.E., C.F-M.
CC: Matl Slutgeon. City oI Rlne
Helan lvligchelbrink, P"E.
Lafarge Norlh Americ+
10170 Church Ranch Way, Sui{e ?O0
Weslmin$r€r, CO 800?1
l:\1999\99055a\382Eoresp\1-22-07 Letler ro Sappinglon.doc
@\]ro/or0fi/zal 200? w'eD I?!54 FAx
il
il
t
I
I
I
r
T
t
I
il
n
fr
fl
H
T
t
H
E
I
i\\\
, \r \r\'lii
H\\.'iil o,T\N. E,.lll **;."'Tiii fr
..il
7
-F*-)-7
->L
'o
ru
m
mX
L)
;U
rTt :r
1l
^t'
i,)
l; i ;1.:,,:
o a u !.:::
P I ,l (ili
l_l'r:.
,ll'
ii['
ll.
sl
tl;,t&l;i
"l
iilr ii'l iiir i5it liii!i iii i,i ili iil1 ;1; l;it"i il ii ' i' I 'iii' i". 'i'ii tiii',iii'L i i iii ;. ;ii'::'''-l: i : ij 'it :',
i_-_ 'ji '
rlrl I I i ! ti; ".1 +l
'; li?,
illi
irii
! -ll li
i!i i
t
r !.'
I
i
I
I
I
I
I'i'.i.1:'..,iii ;1 i : t" ; !, r
: ii ir 'i
, l1 I i i
l
'I .,:
',i ;
,'( !it
n'i
rl i
:;
-l ril
:j: :'.
1r:: r'
o.-9.
!1 ii
j..::
u:t :;
,.
;,1
.:ll!
i;l :lit-litiil
,,lE
i lH
n't ;
fllr
,IE
I
I
,l
il
L
l
l_
i."t,;
l',lr
I
lr
h.
,i
I
I tl .-
'i- I
r
f,I?
-:o
E'l=
ul-
E
E
E
fIIu
o
ET
fTIol-
H
TIu
.=E
o
U}(E
g
tr-
March 17 ,2005
Mr. John W. Rozelle
Land SPecialist
lrfurg,j North America - Western U'S' Region
1400 W. 64tn Ave'
Denver, Colorado 80221
RE:SlopeStabilityAnalysisf-orGasWellPadsandAccessRoadsat
Lafarge North America, Mamm Creek Pit'
Dear Mr. Rozelle:
GreystoneEnvironmentalConsultants(Greystone)-1.?:-"o,pleteditsstabitity
analysis of multiple slopes a_ssociated *itn if," construction of gas wetl pads and
access roads in thl nll6 Creek Pit near Rifle, Colorado (Figut" 1)' The-gas
we1 pads r"urrr"-2oO-teet-Uy-goO-ieei; average 25feethigh; and have finished
side sloPes of 3:1-
The soil characteristics of each gas well pad will be dictated by the timing of the
progression of tne mNL pfrn uni tt"
"onstruction
of the gas well pads' Figure 2
illustrates these two casls, Case A and Case B' Case A gas we-ll pads will be
constructed after mining is complet". fn"t" well pads willbe built using stripped
and stockpireo cravev, irnoy overburden. case B gas well pads will be
constructed before mining excavation.
-Tn.t"
well fads will be built using well-
graded in-situ ,rnO unO f,ravet bolsteied *itn gFt'f V side slopes constructed of
the same clayey, sandy overburden useo in constructing the case A well pads'
The timing of mining activities, gas welt pad construclion' and approval of this
technical revision i6 not allow fbr a ctea determination of the case of each well
pad.Howe,",,nus"dontnematerialproperties,CaSeAwouldhaveahigher
potential tor stope taiiri" ,nO wilt be considered as worst-case-scenario for all
well pads.
exntelT
Ent,irownertal Consultants, I trc'
Village' Colorado 801 ll
Phone (303) 850-0930'Fax (303) 121-9298
Web Site: www.greyStone'us
Letter to John Rozelle
Page 2 of 5
3t2112005
OBJECTIVE
The objectives of these analyses are:
1. To evaluate the stability of constructed slopes associated with gas well
pads and ,.""r. 1oiO, to achieve a safety factor of 1'5 for static loading
and 1.3 for seismic loading;
2. To determine classification and suitability of stripped overburden to be
used as nr"r,firiioi gas well pad and aciess road construction; and
3. To determine the effects ot rrwing unit weight, internatfriction angle' and
weil pad h"6hiioihe stabitity ot tn" slope for cased A and B.
ASSUMPTIONS
Scenarios
Two cases exist based on the timing of mining activities and gas well pad
construction:
GaseA-MinedAreas-Gaswellpadsconstructedaftertheareahas
been stripped, excavated and mined. Gas well pads and
.rro"i#i slopes will be constructed using clayey, tSldy
or"iorro.n stripped and stockpiled on-site as part of the mining
process.
Gase B - Unmined Areas - Gas well pads constructed before the area has
beenstripped,excavatedandmined.Gaswellpadslopeswillbe
*nrtiu"i"d using clayey, sandy overburden stripped and
stockpiled on-site as part of the mining process'
Due to the timing of mining activities, gas well pad construction and the approval
of this technical revision, the appropriate case associated with each gas well pad
is unclear; therefore, case A and B will be applied to all gas well pads and
slopes.
Letter to John Rozelle
Page 3 of 5
3t2112005
Material Properties and Soil Classification
Based on well log data provided by Lafarge and a technical site visit conducted
OV Lrtrrg" unO Or"Vtti'", assum;d normal and typical material properties were
selectedl as listed in the following table:
Representative Material Properties
Gase A
SC
Overburden Fill
Soil DensitY (lb Per cu ft) 124
lnternal Frittion Rngle (degrees) 31
Gohesion (lb Per sq in) 0
Case B
GW
ln-Situ Sands
and Gravels
110
3B
0
The Unified Soil Classification System (USCS) was used to classify both the in-
pir." ,ri*rial and orutOrtO"n backfill. The virgin sand and gravel, Case B'
represents tne grav;i pii *rrior undisturbed bank. lt has a thickness of
approximately 25 fJ, tnA iu classified as welt-graded sandy gravels (GW)' The
overburden fill, Case i, it.frttified as clayey glavely sands (SC) and.represents
the material to be useA'to construct the gai weil pads and access roads where
needed. To further classify the materiat]ttre Hazen Uniformity Coefficient and
Coefficient of Gradaiion **r" calculated based on soil boring logs provided by
Lafarge. Both materials were found to be well-graded and non-uniform in padicle
size distribution. RJaitionatly, both materials were assumed to have no cohesion'
Construction Methods
ln case A, the gas well pad will be constructed after the area has been stripped'
excavated and mined-. i6" gas well pads and slopes will be constructed using
overburden backfili pir""O ,i" truck and shovel, using the pit floor as-a. base' A
dozer will be used to create side slopes of 3:1 . Wrreet compaction of the gas well
pad and side slope, i, ,urured for these analyses. The pit floor is composed of
shalebedrock.everagedepth-to-bedrockattheMammCreekPitis
approximatelY 25 feet.
ln case B, the gas well pad will be constructed before the area has been
stripped, excavated and mined. An area 200-feet-by-300-foot will be cleared and
graded to create "lf"i, ievel area for the drilling and construction of the gas well'
As mining and excavation activities approach, a setback of 1O0-feet from the gas
well will be maintain"O, to a highwall tiop" no greaterthan 0'5:1 as required by
the ColoraOo Oepartment of M-inerals and Geoiogy (DMG) Permit #N2000113'
Letter to John Rozelle
Page 4 of 5
3t21t2005
As soon as feasible, overburden backfill will be placed against the highwall and
graded to decrease the highwallto a minimum 3H:1V slope'
Other AssumPtions
one distributed load was identified for these analyses. A distributed load of
130,000 lbs, or g7.7 lbs/sq ft, was assumed for a iypical Rig 99 gas well dritl rig
as provided by Antero Resources corporation (Antero)' The weight of the gas
well and associated equipment was negligible and therefore not included in these
analyses.
For both cases, because of the close proximity to the colorado River and the
post-mining reclamation plan to convert the giavel pits. to lakes' the gas well pads
are assumed to oeiuriy saturated, having a [iezometric surface equal to the
height of the g"r *"if 6ad. lt is. importanl to note, that as the pits fill with water
the slope stability will increase because of the hydrologic pressure exerted by the
weight of the water on the sloPe'
PROCEDURE
The stability analyses were performed using the simplified Bishop's Method
(GALENA Stope Sirnifit, Anatysis.System,Version I :10). Three types of slope
failure were analyzed: toe circie failure, slope circle fajlure, and base circle
failure. Results are shown on Figures 3 through 16. Multiple analyses were run
for case A and case B, using a range of parameters, to determine the slope
stability sensitivit/t, ;h*g"I in uni[weight, internal friction angle and thickness
of material or well Pad height'
Atthough there is a low potentialfor seismic hazards in Rifle' colorado' a worst-
case-scenario (seismic loading of 0.i I peat<^ground.acceleration) was assumed
as provided by the United States Geot6gical Survey (USGS) Hazards Mapping
Program.
Letter to John Rozelle
Page 5 of 5
3t2112005
CONCLUSION
Based upon these analyses, conservative assumptions, and the information
available, the gas well pads and access roads slope safety factors are as follows:
Case A - Factors of SafetY
Toe Circle Failure
Slope Gircle Failure
Base Circle Failure
Toe Circle Failure
Slope Circle Failure
Base Circle Failure
K. M. Kolin, P. E.
Engineering Manager
Static Loadinq
1]21o 2.5
1.94 to 2.9
>5
Static Loadinq
2.04 to 2.70
2.A3 b 2.77
>5
Case B - Factors of SafetY
Seismic Loadinq
1.3 to 1.86
1.4 to 2.08
>1.93
Seismic Loadinq
1.42to 1.89
1.47 to 2.02
>1.87
Base circle failure is unlikely to occur due to the shale bedrock base' The full
range of safety ractors with parameters are attached as Tables 1 through 3' All
safety factors ;"port"a are sufficient to ensure the stabitity of the.se slo.pes;
gi"ril1. in"n 1.5'for static loading and greater than 1'3 for seismic loading'
Additionally, the stability of the slopes irill in"t"rse as the water level in the pit
rises.
should you have questions regarding this report or wish further discussion'
please cal. Greysi;;; ;pr*"Lt"t tiis opportunity to be of service to Lafarge
North America.
SincerelY,
o
I
o
o)oqlfor.oo)o.-n
a)o
ll
(o
bo
oro
E
l.'oo
I*
(a
ag
Eo
9,.-
(no
oroq)
a--n
0Joo
il*
Q
bo
o
F.o
a)
Q.'n
o)o
ll*
Q
atro
=--t
(tt
8,f
o)
o
o\
a-
o
o
b
0)oo(D
a.
do
cn
C)or3
0)
o
(D
o.
o
o
U,
0)
(D
oa.
do*
l*l:,E$,',[
lll t ffi"--]I Effiill.
:ir.r, r j 3isE'c2l FxmEIi7Bb
/o/l/t./
i--5=ffiq rd* f q
=l s*a;€al i;;€a=l E9ga;I EEE:5I e6sEE .
AfHE*H
Eaf,E d
F] BEfr*
] fiE€E l, ffilI *o ;i \ it' ,,],-** El\ \ilt! r\
o
o;6cum
;iIt
@il6lft
F
ts
Is
n
a
z
,il
1
P
e
t
6
xt
TiPEO;N
$sx
r \if;I *n-lr.till6
!fi.1trlIID
EIB
Blnr
2
=..)lfrItdtErlxl"u
lFl
oa
1.
a
a
l!
a
i}{
l:$q Ed* f q
= e.*a;€
^ C
=
?'E 3
=-Duo*- d 6'b I =<l=.soie355e*BqIE c)o=?Ao masE;5 1geer53 rqq E 3 il I;qBB d38-=E. 2
O@arJ5-'EE9' 66.9:ts aE&4
=dg9o@-
o
tro
am
;3
f,
b
o
3
I
p
o\
Ie:t>\
FBR)\n\
i$^.
|..
il
(/)
=
h
EiD
1i,n
ilt
Eta9ln
z
l3t>lr-loIFI lrlIralIX
t=
o
a
@-!
@m
o
a
t
P
.5'
E
!!f
--:,
:
Noq
'r6iD
Y!l
= _glgz\a
=lw"l
I6
='@
tr
3
o
I
+
ao
:
I
I
I
I
'r
i
i
{
!.
o
,2
o!
@
*4ilE=BaAU
io
@ao
oac
o
o
-t
p.
EIa..5\E a
JT
9-Z8a;8FAiooT
D
c
oac1D
o
a
SLo
Eoo
d
I
)..
:av
OE
o,qT
dqoo,o
<-- $- >
I
l=
r-:^lo3' ! t, Xlr
x- I d- cr)S l=' D,E koo'.3 letsI'rtt lr,D)s loa!d lA' b'.q lt qr
+l - .- Flc)
d bo i slr-F -" "'olB
GIO
.? pa\l
.E
:d
I
F.si:l
ia
F
*\\
-1
l^
\l.1
E #fi H q
ofae'++=@!<35,.d3<J--!O
-D u O -agqangg$EE
S d sqe .)o5'?=6 ma3.E: E 2ga;Ea il-.q6g i@:6'oi ots8-==. z
Q@o!h*a;gEai
=E"sEop-
xo
=x
=
al
6cvm
o
Ea
lot;
IH
o
e
o
E.
q
I
6-
5
I
c
z
2
E:LO
ITIt
plqlIe I
N$HIf\ltl!I"fb
F.
6
V)
a
h
6tDlln
=IDalr
El6!ln
z
7tr-
FtloIFIE'IrqlXI'ct;
6l-\EL/
arlnt
Olc/)@lzal<
mlE_{l>
6l!z1>
Pltr'>l-1
a763<oofqn
omfo
--'|
9.
qt
Io!oao
6
No-o
I t,. ir,l!.
E *--....o
iE H5815
I lB.-Q l='o)rh ha id',% I €El=ria lcap)]i ls 3
t^ l1a's t!.ii - * -lo'L s b. tl5sl&
qpa
\l
,a
:di-'
i.t)
iG:
. t!-,f,
,:.
,- \.'i},0 ,l I =.*,I
I
I
I
Il_a
\rmqi fl#*Hq I
= s5;;g€ I4 *33t4 I
sq€iI36sEP clo5?rd m? q }l€ € neutr,;O-ls*E E o ni tEBEa Il-o;'o-lI EE9E -z
I E 1*,8lx }gaiI fdqs
I
o
IoCTm
ol
;l
a
0
3.
ll
P
]
rr
EI<t
sl;l
*ldl
EI
BIit
Fl
9
?
3
o
;
;pBaqY"lg
tB$*
I *s"lrr
IB
I
hl
5lDlIII
Eit
El6
9lm
r-
rtz
o
FTt!Xrg
Fl
o
€
@;
@m
oD
=g
au
?8
@f
@-' 6la
(t)
-9on
9.c
o
N.o..
aJo
6-o
t- E--
lee i,,N .s1*$l
1-
t.--
|
r dt i q
o=:te'=+=oE<25=gf
f,O e D -d9Esr
EEE=E3#qEg ..'off=6m
;: $E E 3cqn:il g
- o;'o -lEE5s e
EH.EtqE 3 a
o=43
=6gEo!r-
x
o)
=xo
l
6Cvm
6
{
@l;l@lm
o
I
a
=.
a
I
{
Is
o
z
z
o
:zI
cl3t3e I:R
Io,9 I
N$NL :orilI !t"I Sb
lB
hl6lb l
=ln:ID
Elailn
rEtz
loIFIE'lrE
IT
lE
6t)\+-/
olnlola)alza14
mlE--{lo
6l-ozlDslo
bI-t
! ir El3tola)ld u)l=' artJ+no a-lqI ,r,l(r e,lo.9laOl3a
=ftlrl!rto
t5tr
6
oa
v,.o
ni'h
14
a
.C4
:\
l:
'd'
{, E#* 3q< s1*{.?
^ e 5 ?'E f
= 5E:P-' e9E&rd'g355HBiqE .":orf:lomr Q +€ = as*ie I iqqilg# I
=. o ;'a -lIE.ee Iiii;^.:5*utF, 3gA'+i =: ro
I : oS, -
t
o
I,
c7m
o
E
l;I@lm
o os
!
o
Z
P
8
x
ip
qR" N-
Or9s)>r\AS
I EXHI )orrI SI"I fulr-lul6
h
6iDllll
ilx
Ela
9lm
z
r-tzt6
IE'ItrtlxI'g
l-l
o
d€
I
llq
€
c
lt)op
o
a
-soao
c
o
Noao
aJ!ro
tDoo
d
'- -E >
u
q E#* Fs
= s==t{€
^ € 5 ='E f
= r9:E*- i9Esa-Fs355€*=qiqq oo>:?=o m? Q X,Z E ;Osstr,^O{Hed-E='ni q-'$34 II r;se iI E 3salx eea*I fgqe
I
t
ol
-6Cum
6dt
@t;lolm
o
e
3
?
6
2
no
I
ldt_
f;
;R
H oo
=NdCrkil\II QIR
I SRNI iI.,I lhI \:t;sId
I
I
zz
o
E'
EI
X
E
-l
h
6tDiln
IIB
El6
9lm
{j
f,!
o'
l1
€
ta:o936f
o-
o6,o
a
-o'
!
@To
c
d
No
@
@JEo
E
o
o
..-H.-*
-"iE,ll
$ g,ll
r-: . lv'^lC)lD' 9'", Xlralo
| =- lO. fAs lE'ss baCD'.k l€,= I H
= lca c,'' E l^ A;d lA' 6',b 13 d'g - - -16'rL 3 b. tlSis le
gpa
Ll
hg
c'
.Uj
s
iN
n
o
,:-
Hl\
-\
\tffi
rlBEg Iii;g a I
A gE sil IieT55 IS*sQE ., Io5f a6' m IasE* 6 4l
aa;Ei il I
aEsg i
tgIE+d-sIolr-
xoria:
s'xI
=,
al3l
:t6C
B
L
lsla
IE
ol
EtJ
o
1.
I
g
fl
laIEl@
o
za
9
=
I
t
lr)
Cr)t-oo
Nit^ V\
tSr
ST-H
i6n\ta:\.L\l- rU
il6
6
I
h
6iDlln
ilt
El6
9ltn
z
z
2
o
tr,
trl
rg
H
mrm
Ioz
(o
Na
i
{d
98o-
o-' 6',o
aJI
@
D'oa
oo
.El8
p
o
_l . rv.-toB' Y i.-r Xlrloi:J ls:_ td-aS l=' ElE h? 6,'.s ls:r, I rlE lrx':: ty-*lih O
c- 13 s5F t;.t :--:.lot 3'- tl5sle
.5ha.-l+ls
r;
Iq
,t"
ofrooa
@
moIoz
I
I
,l i
i'rri
* i',\i i,,\
i_ii;ti'r:,.1
t':
..__.._...1r'
E\
i l,c*-i'lr
d-.lo =-a efr s q
ol="'=,+=@!<
i=3f;d
ag5=tsd
.*g;+E 6o='?=6' m
*;aEE 3qsE:# I:,o;'oiIAFE 9
Q @ o,i
EEAE;a;il6@-
x!!)1l
=ixiOi
I
l*
cam
;
oItsl,ll
l.Ylr
lffi
a
I os
i
I
Ii
s
2t
a
IF
B
EHr'rfir
rrr il
^s; I
ilsnI \ftb
tEil8'
I
h
6iDlln
=ID?t!
El6
9lm
?
?
?
oF
ta,
trtx
-i
E
E.
l1I
I
@.
a
6h
€L-/izolofrlnol+tDl=olw(nl>filzotxlloolp.fl,
iiBlo
-Ea
y'11
€'s.e >l
Q>ic; Z,
Qa:
E"o
Ia
I
vl
4
il.1
i
:i
'll';i
l:,ll;i
i',:'l;li.i' l :" i| ':t :
.l:i,l
:
,rl ..
i:,ri../,; /:
l' ,/ :
I', / i., :l.t:.
./ t.l
/,,,. t, t't .i ,
i
i.l;.:i:i:ilrl,
;l;o; ,. /.'
:./.
1, ,:
./,.,.,.r'.,
, :l,,:i
a
6oro'qi,d ,ro
t1
PB6'r=
oo
@6!
@T
9.
a
Nof
@
-
i
!E
"r,xfflr \*)..- \'!\ffi
ii ' r\J'
l. ),,
to\
| ,'
,,1 ii.i
I ,l= !=
l8I -. .. -
$' y i: XIF **n',i6',
c .-lEi,"
,s#i
' S l;'g :'- F:ts FA', 9Fr.8" I < .P'riiE lrH ":Eiii la'6 6)>l!e ltsa 3zl€'---16' 6Ei;L 3 b'tls rrPl'g l* fHi.T F *Els | 6 i,B ei
6liEi
G'!
a
,:-
i ll iilll
E\,\ I I'\*
llffillv---\iil I I
;=::=;l*
| [
-l ler
ll"aE
l,[?Eg [iEEg Is *eiEs I' z9Esa IE=eEE5 I63sHE o I
a4*;E i II ag;E; dI r;sg dlx tE eEt tose
I
el
ol;l6c
H
Lls
IP
IE
lH
ol
o
o
a
=.
f!
c
l:r
l6t9
IE
3lHl:l;lill;ldlzl
?t,lI;
IE
IE
xleltt;R I:$r
I
rs$H
Iiu'l'
h
6tDrl,ll
Ett
516
9lm
l=l>l3t:IEItr,lxIE
I'f
':l
;l
i
'r ',1:r
\..i
Noe
tt:
I
oo
€o
i'r
I
@
!t-oEo
o
=.P9Eo,i9
oo-o
a
oDoTqr
c
d
Nolo
'<E-
s[=
il=
--,iE,ll
EErll
eHillcill
\
I
E y i. Slillo
' * lif. r,I G lF. ^ria lt,q (D';3 I €':s I *i lt Dc:E 16 ori lt'6t4 lE;
= tl.* -_-to'd i:o r sl-;9a -l -'slbie l&
qFa
\. I
q
.lag
F
I ct'
b
,!-
tu11i\i ll'\'i ,l ItB ll" ll=='*l[
lo
It e{
I-[HE
slo =-a efi s qs1t{€.:==Ef
f,ODD+
EqEtsnis355T*e{E r.,or5'?=6 masE= 5 4HeqE: rEgEE# 9-o='ol
Efi59 e
O@^'r5*Etd6.s=+9 P --56996@-
x:sial
=l
f
i
g
!ocam
i;d{
lot;l@lm
q
0'
B
o
:.
a
c
6',
d?d€
I
o
Io
to
=
F
IE
IE
le
E
ipHo:NB
1X"
N$R| ..\xmI xulItxt;'td
I
I
hl6iD Illn IililEl6 Iiln I
?
z
oFtr,
FI
X
fg
-t
oo
€
9.
!.
I
t:
ril.rr
t',,/
l
Iop
@I
o=
o
No,o
I':< $ >,
"\.qr \.rr!-w'iiqt
\\.!\I \r,\
rl #tii
*[=3Q7 (
I .l= t*
I -: --
-: . rv:-loC' P i. Xlr
:_ ta- u)
E Mt}..k l€:ll+rE lraJs liD Ok l3.at ;._-lr)6 6: slFk -r -'slQi$ tf
,.? bqia I
q
=
6
0'
iq
C E#* Fq
= s=;{5
^ Ci?Ef
=,=0rDo*= EqqBaEeEEsE-tsEE .,' 0=?=6 m
" a !a€ 5 a
$ f s-e i iqqEga Ii EEsg d
IOO^rJlc^x@I il*E.olE' sEa+ll rE€*
I
@1
6cum
o
*
@-
!om
E
e ot
o:
o
F
lo
fr
1R
:fis
I 33r
l\*$
I I$-I Itrt(4l6
I
h
6iD
=lrI
EIB
El63ln
r-
zz
I (lIFIttlr!IXI'g
ld
o
a
=.?
a
!q
ll
I
+
oD
€q-
,6\lrlJl\eLl
a\a@l+
HiE-lx
:iiols-l
i
_t
5i0soUOo=
6-d,o
o
o
@
Iq.
c
o
Noa
@
a
o-
@oo
o
t '-.F€ ""$'
ll
En,uE*EEllE I s.l
o lq' ,liE IEsl
I
I
I
I
I
o
o
O-o,i
9_e@aoo
i#ll
I
' ,l!,$f
1l
t\lo
\IHFq E#* 3q
>tofav,=
-{=@E<a' i;;€il' a g'q gil
laOc(
6 BE "q E .,o 5? = 6' ina8.F< t nFlhES-
=6 6 __5 * .r,tqqBg# g
:-o;'a --lIf .sg 9
O@^r5Eo6@ei *BAiBr aEelt.
= 6-99o@-
;oCvil
o
{
@
!@m
o
!1
B
_{.
!q
ae
o5
?
o
,o
F
z
7
x
it,zFqq-ni
9Rt'
Nqd
silh5U*i\"r.lilt\lh
h
6lDilnIt
El6
91il
z
zz
toIFIEIXI's
l-l
f@
tr3
(o
I-
<,..$- >
I"[ z/--\ "=t
t',ta*r3 i
l.l.
| =__ __
-*F?l
ll
,;E ll
,g > ll:OArllts iii ll,c) lar: I
=, a: I
EEiIb ila 1lc .l
I
,l
I
t
I
I
$ sSsllAlols* ls",E H H'.3"1€,= t-s t(, a,.E ts8
93 ld v;s -15'E io f :sl-3 '" -'olE?
sl*IEFtIEl\>
d
,9
H=
ES
>E'o=
3!-
n '-,ooo
-\l
l.
lIgls
-: r{o =-gi a ni s Q
=)o=f.u,=-i +=@E<,(i .3i='d;2-, ]il"8'-=' aqEgB,iaOc(Pd.?ro; HAiqE .
3 a a€ g sraAci iqsEsa g
:-o;'o ififi, 3 9oo^.fSo6@o *EHBo-i :E'60aDi o=43
io@\t'
@
o
t
Cam
o
E
o
E.
n
!q
r:
t
;
I
=kHh
a-h'ri
o)O
l\\lhx
$aH.J\fh\U*\\\lnr-
olq
h
6tD
=lnTID
Elil
9lm
7
z
o
Ett
X
E
a
q
E
o-!
@m
-t
6'o_
9.o!oao
c
6
No
o
r,f?l ::l:il : I:i,i,! atI i;1 7I iri II I'\ z| lil' rlr""N #
I il v
l l
l*ll=f;Q,
lil=IOl'o
"=-FEi ll?olllQzll
$ iill
C).t; I I
ts e l1
eFi Irn -l IP tr: IAE,l
eF,lvl
_l
I
l
I
fi B'x sllAIOlq)i. lo-as l=' 0,E H6,?1.,
:sl-
= l(, a)S loo..6 16'6'!2 ln vts ---15'. d ix i:' ql-
b -.1 tJ t^lb6 tB)
q kia.tAI
-
E.
.t4
d
N
s
,- -'--B >
11
I
I
l,i:ffi
6-{O =-E e{ s q
o5'io=-;
-*oE<c=igf
FO P O -EqEsilgE.E:E
E6qq'g ^: t;-c P HE*L.-Oi
s e di : nqqBga I:. o ii'a -l[;5g -2
Qoo.?
* T AEaEBifEqs
x!)
=.l'-*l"iiW,*T., llI i,,ry"-j.fl
II r'"
gfi
al*=u1llll
I
C-m
od
E
@xT
@m
3
€.
a
p
o'
6
t
8
E
3no
o
a
a
E:hzN
EO;t
9R"
Hkd\6;\Lthxb*
Rt"r.
ilq
[,h
6lD
ilH
z
r-z
o
tst
F1Xtg
-t
9
SL
I
ooTo
c
@
Nolo
,
li -"* )\,1,:.l' xN'"I ih#
I ii'.l' ra.
I 1.:i\
I \ial, ,l - \'ili il ,nl: I 'i it J jjl: li iiI | 7z-\ ii
l, HIe+6,; il
I' l= \
I ',-or_:--
""ii
r, I I
Q >:ll
FEill:oFlrll
iE Bl llrgrUi I
HEilt@ rl,I
ta rl'o ilvil
II
il
rl
I
I
I
I
I
e si:sllnlolo
d hdp.& lq
,:5 I H5 lrx'-$ l;'8:9? 13 v,€- - - -16't =
i'tlf
5 IA's lo..5 hiLlsl
5
.14
;$
i-to\
iS'
i:-
oo
€g
o
ood
I
Nq
i
I
{Boa
cl:o
oo,o
llr
ll*l
6-{O =-I n{ E q
+=@E<.:==93
xO e O) +
E qE g;
ss.Si;SdsE-0 Aa=l=6m
*;EEE
=
qqgs# I
f EEA i
o@^1 fEa6@oi ;-' 9. od69=
-E O *;a;do@-
q)l
=,?,
'ix,oi:if
i
o
ol
o
a
cum
o !
s
o
no
2
=
;
lp
Eq-ri
bos\\
Nr*
IBTiI".Lr-
ilID
h
6tD
=ln:ID
=tI5169ln
z
zz
a
EIi;lxIE
I't
o3:
@
=!
@r
a
E.
f!:
l!
€
'iti,,i,l
1)l,ll
ll
'ir,i
,lr {
P.
q
a
oTD
a
Nofo
MOUNTAIN CROSS
ENCINEERING, INC.
Crvrr ato EnvtnoruurNtnl CoNsulrtNc nNo Drstct't
February 19,2008
Mr. Fred Jarman
Garfield County Planning
108 8th Street, Suite 401
Glenwood Springs, CO 81601
RE: Special Use Permit Application for North Bank Holdings; Sand & Gravel Extraction
Dear Fred:
A review has been performed of the documents for the Special Use Permit application for North
Bank Holdings sand and gravel extraction. The package was found to be well organized- The
following comments, questions, or concerns were generated:
l. Portable toilets are proposed for employees; these should be located outside of the floodplain.
2. Providing potable water for the employees is not discussed in the application. The applicant
should discuss what is intended.
3. The water rights seem to be near a decree from the court. The final decree should be a condition
ofapproval.
4. Applicant should discuss the status of the proposed access to the site. The access permit
included within the application has expired.
Feel free to call if you have any questions or if any of the above needs further clarification.
Sincerely,
826 1/2 Grand Avenue . Glenwood Springs, CO 81601
pH: g7o.945.5544 . FAX: 970.945.5558 . www.mountaincross-en8.com
EXHIBIT
Mountain Cross Engine
t''-"'r ltQkt FEB 2 0 2008
MEMORA}.IDUM
MEMORANDUM
Page I of I
Tot
EXHIBIT
To: Fred Jarman
From: Steve Anthony
Re North Bank Gravel Site
Noxious weeds
Maprping atd inventcry:
Staifre{"eststtatthe-aplicmtprovide anoxious weed inventuy admryw$t1'yqpf=dg*
Weeds re mentiooed rr.rfwever tLeir specific tocatims wi&ia th€ proi€ct site should be dstailed m a map.
Management:
The applicant has provided a weed mmagement plan-
Rectrmati,on
The applicant has posted a reclamation bond with the S6e. The reclmation plms' including the plmt material lists ad
details ofphasing ae accePable
file://T:\keastley\Land Use Cases\SUP\2008 Lafarge North Bank Gravel Pit\County vegeta-. Ul9D008
0e-1 g-08 12:15PM FROM-Colo Div of Watar Resourcss
DEPARTMENT OF NATURAL RESOURCES
+3038663589 T-656 EXHBTT
Z_!ooa
DIVISIOI{ OF WATER RESOURCES
Fehruary 19, 2008
Fred Jarman
Garfield County Building and Planning Department
108 8th St., Suite 401
Glenwood $prings, CO 81601 Re: North Bank Holdings, LLC Special Use Permit
Secs. 11,12,13 & 14, TBS, R93W, 6th PM
Water Division 5, Water Distriot 39
Dear Fred;
The above-referenced submittal requests a special use permit for a237-acre paroel for the
extradion and processing of sand and gravel reserves, including the construction of two lakes to be
suhsequently reclaimed for wildlife habitat. As stated in tne State Enginee/s March 4, 2005
memorandum to county plannirrg directors, this office has no statutory responsibility to review land
use actions that do not include the subdivision of land as defined in Seclion 30-2&101(1OXa), C.R.S.
This raferral does not appear to qualify as a "subdivision". However, we have performed a cur$ory
review and are providing informal cornments.
The applicant obtainsd a decreed augmentation plan from the Division 5 Water Court in
Case No, 06CW20 on Decembet g,2OOT for the Northbank Gravel Pit Wells A and B. The plan
will oftset out-of-priority depletions to the Colorado River resulting from gravel mining operations
and evaporation with historical consumptive use cradits associated with the dry-up o177,5 acres
historically irrigated under the Stobaugh Ditch and Eyre Ditch (including phreatophyte rernoval)
and releases from Green Mountain Reservoir or Ruedi Reservoir uflder Contract No,
O6O420LW(a) with West Divide Water Conservancy District, Permit No. 66845-F was issued on
February 19, 2008 for Northbank Gravel Pit Well B, for a maxlmum surface area of 40 acres, and
a total of 152.4 acre-feet per year for evaporation, water lost in the mined product, dust control and
equipment and truck washing during gravel mining operations. The applicant also obtained
approval from the Division of Reclamation, Mining and Safety for Permit No. M-2006-018. The
applicant must obtain a well permit issued pursuant to CRS 37-90-137(2) and (1 1) prior to
exposing ground water in Northbank Gravel Pit WellA.
Note that this office does not necessarily take the position that the water supply plan is
valid, lf you or the applicant has any questions conc,ernrng this matter, please contact me for
assistance,
Bill Riter, Jr.
Covcmor
Harris D. Sherman
Execrrtive Director
Dick Wolfe, P,E,
Director
FEB I g 2I]/j8
G J UNorthbankG ravel$ U P. doc
cc: Alan Martellaro, Division Engineer
James Lemon, Water Commissioner, District 39
Office of the State Engincer
1313 Sherman Sheet, Suire 6lI r Denver, CO E02C(l . Phone: 303-86F3581 ' Fax 303-85&3589
www,w ater.sta le.c0.us
Water Resouroe Engineer
EXHIBIT
!DDg
February 19,2008
Mr. Fred Jarman, Director
Garfield County Building and Planning
108 8'h Street, Suite 401
Glenwood Springs, CO 81601
RE: Norlh Bank Holdings, LLC Special Use Permit
Dear F'red,
The City of Rifle is receipt of and has reviewed the above referenced special use permit. The city appreciates being
granted the opportunity to review the subject application.
The city has no fonnal objection to the North Bank application. We do wish to point out that it is unfortunate
anothei large gravel pit is being proposed within the Colorado River watershed absent a master plan for this section
of the river, und th" adoption of specific county land use regulations or policies for gravel extraction in this fragile
area. That said, we are appreciative of North Bank holdings and LaFarge for taking the time to visit with parties
interested in the health of the river.
The applicants prepared what is likely the most comprehensive application subrnitted for a gravel pit in Garfield
Couniy to date. The city recognizes the applicants took time to work with the Division of Wildlife and US Fish and
Wildlife Service and create a reclamation plan that will allow the creation of quality wildlife and wetland habitats if
correctly irnplemented.
The city's one concern is irnplernentation. Like with all long-term land use activities, the parties involved can and
often do change. The city respectfully requests the county adopt conditions of approval necessary to ensure the
submitted reclamation plan is carried out. The city feels strongly this is a matter of local interest, and the county
should not rely on the State Division of Reclamation of Mining and Safety or other state or federal agencies to
ensure cornpliance with the mining and reclamation plans. The city strongly urges Garfield County consider
entering into a Development Agreement-much like you would do with a subdivision-to ensure proper guarantees
are in place to ensure full compliance with the mining and reclamation activities.
Lastly, the city supports the use of a conveyor to get the resource to LaFarge's existing operations at Mamm Creek.
Requiring LaFarge to process the aggregate at the North Bank pit would likely increase Highway 6 truck traffic into
the City of Rifle; we would prefer this be avoided as the city is already being negatively impacted by the increasing
industrial activity in the county between Silt and Rifle. This being said, we would ask the county carefully monitor
the placetnent of the conveyor as it will interact with the floodwaters of the Colorado River.
Respectfully,
Ciry of Rifle-;\-->_fuffi-M att Sturgeol:X.Sf)ant City Manager
UU8
c. City Council and Plannin8Co$
CITY OF RIFLE
2O2 RAtLRoAD AvENUE . P.o. Box 1goa ' RIFLE' cO Al650
Wv\/W.RIFLECO.ORG
GARFIELD COUNTY
Building & Planning DePutment
Review AgencY Form
Date Sent: FebruarY 1,2008
Comments Due: FebruarY 19r 2008
Narrre of application: North Bank Holdings, LLC
Sent to:
Planning Oegartnae* in the event you are unable to respond by the deadline. This form
may h'used-for your restrrcnse, or you may attach your owl additional sheets as
o"""r*ry. Written comments may be maile4 e-mailed, or fared to:
Garfield County Building & Ptanning
Statrs contact: Fred Jarman
109 8tr Street, Suite 301
Glenwood Springs, CO 81601
Fa>r:97G3W-3474
Phone: YTA-945-8212
General Comments:
Name of review agency: Garfietd couuty Road and Bridge Dept
EXHIBIT
IDa
as it is close to orn facilit)'-
Revised Y3AIW
6ir//6 0**,n:'"**)
y,, lL ry */7n-
r v u
Qfrla/dr )s a/ '/
/;/
t
a fo$fr"' h?/ sccn
o,nf itru'r won/ an
ttts ;J /,/; .r/,// tnad
iua/ /'trle/ rb a/"2* tL
, ln7t', u //, r€,r( efaatl
tuia'/('*t' fn//an7fr" r"*;':oA?L
I
r)DI / lt, ho/ /taa/t
ptiltmd'ord/o
6* //a*) ry.# #a
A4lttolf ,/' 5 nad ft
ffi r:!:r9;;7it, ab rlb
z'? ,'Jrla- ,rr/r* /g *'rlt d%/z /,,*,?Paffi'r, alb h
'//
lr";7,,ry;ff,ffi
frtn* h' $bnf'od';ff r;i;1qba U
3
w,klL )*he 'ru'tS4
/ia; 0h?*/ ail7/ ' /aati
,roa f*i a/ dl, -llarar-
11r,ffi** nrs/ /<-'iir'/ i ho/ ela #ea-
7t/or,t//" f dru/ ?aee a4'
*hcra/ /4t/ r.r/r-
/O/ turo I
'/ 13'
afiu w aad-';L;Z h= ro,"/
d/orr/nF /t; r///?r
,D A '- .^ y'-- ^ /
r'n'fqrr 7Zo/ )s )o/s/ m/F(
h hu'fflror/"/ a*r
r71b- Sa,r/- sr/i
fad no* neeld'
I
'fr; ru// )' i4
a/'Irn nc as Xl
rt,fraluftan *h+ 7%,1II { ^)1 , ^ / ^.^// I/*'t*o r#h tzo*llI
lmhthrnrrafur I
II
qil*a?rT'i7r
* |
7vt4s1- . lrlfr{ff lnm : I
EXHIBITG
Garfield County Planning Commission Members
RE: North Bank Holdings LLC. ,Jim and Jean Snyder and Gypsum Ranch Co' LLC'
Gravel pit and assoc. uses permit application
Dear Planning commission members:
Just one look at this application and the same old thing is coming right back again.
First of all any changer io tn" Mamm Creek special use permit will require reopening that
p"*rit again. The co-unty commissioners Uave Aready ruled that the asphalt plant is to be
in the facilities area. Thi applicants tied once before to move these batch plants to the pit
area and were told *rey woutd have to open the special use permit and go through the
review process again. This was billed asa modem day gravel pit. Let me tell you it was
and stili is a mesi. If they open the special use pemrit for Mamm Creek I stand ready to
show that many deficiencies exist in the studies and documents submitted when Mamm
Creek was firsi approved. To name a few, the Flood Plan study was inaccurate because
old studies were used and the river change because of flooding and a gravel pit capture.
The traffic study was inaccuate then and nowthere is about 100 tnrcks or mor€ aday
additionat trucks coming from Scott Balcombs River Ranch water storage, oil and gas
operation. All of these *iog the Mamm Creek" Airport I70 interchange. The Army Corps
oiengineers Sacramento office needs to be contacted about the benn completely
encirlling this site to prevent river captnre in a flood event. This was required by the
Corp. uod upp.rrs to have been removed at present. a! E requirernents of res-2002-101
of the Mam; creek pit needs to be in place and operational before this moves forward.
Landscaping berms with tees and shnrbs for screeniog are required by the watershed
pemrit; 6y tn" way did any of you see these berms while the pit was going gang busters?'n. tn r[ trips wire a joke and a source of calls to the county for enforcement that were
never heard, 200 ADT'100 in and 100 out period. The Federal Higlrway Personal that
visited our blocked driveway could only laugh at the testimony grven by the applicants
and CDOT gnder oath about the 200 ADT and the way it is administered. One CDOT
enforcement person told me if we went one truck over our permit limits he would take
enforcement action and fi5ther more we had the wrong trucks using our drive way that
being watertrucks and he was considering taking action. Does anyone see anything
*rong with this pictrre! The taffic study submitted by us (even though the counters were
stolen right otrthe federal roadway) to the county when the Mamm Creek pit was in
operation concluded there was between 500 and 2500 trips a day coming from this site.
Our driveway was blocked for 28 days and when the feds arrived they told us what to do
and because the plans that were submitted to them for the intersection changes were not
the same as what was being constructed at our driveway they would get this corrected
forthwith.
Now we have North Bank wanting to use a disaster of a special use permit to piggy back
theirnew and better modem daY Pit.
rrD tr 1 ?nnRI i i r { i LLluu
!oog
First the truck trips are to be 100 in and 100 out no more. With all the oil and gas trucks
the intersection needs upgrading for more trips than 100 in and 100 out.
Second the proposed tons per year production should not be any more than Mamm creek.
You had testimony at the silt sand and gravel pit hearing that 800,000 tons a year was
being sold out of Mamm creek. If this is true how did they accomplish this and stay
within their truck trip limits being a seasonally driven business? Why didn't the county in
its annual review question this and ask for scale tickets, and how a pit with 20 year
reserves got mined out in two and, still stayed within its truck trip limits? The North
Bank application states on page 3,450,000 tons a year for asphalt, concrete, road base,
and pipe bedding. Than on page2 of the Dust Mitigation 7000 tons a day and 900,000
tons a year is the base line for dust mitigation measures for production not plant area
stockpiles or other just production. What is the production going to be and how are they
going to get all this done within the truck limits? This is a seasonally driven operation
(summer most activity fall winter least activif). No Averaging over the whole year, and
you don't have to count every day for a firll year either to arrive at an accurate account.
The Federal Highway people just loved this one.
Third the hours of operation need to be enforced because time after time late night or
early morning activities were taking place at Mamm Creek. When we contacted the
county we were told they had permission from a County employee or commissioner so go
away. These incidents were Not Emergency situations by any means.
Fourttr the flood plain study from Mamm creek is being used for North Bank, as pointed
out in documents submitted at the review of Mann creek and ignored the first study was
not accurate to begin with so we just continue on with out correcting this. Make the mess
even bigger?
fifth the gravel pits have mining limits for excavation boundaries no excavation goes
beyond these limits. These limits provide for buffers around the mine area. As an
example a 100 foot buffer from the river or between the river and the pit excavation is
called for at North Bank. Now this is what needs to be prevented from happening.
operalors of gravel pits will cut the edges of the pits vertical right to the mininglimitr to
get all the value possible out of the pit. Then when reclaiming begins they doni want to
qay for fill to slope the vertical faces to a 4 to 1 slope. So insteadihey cui the vertical
face back using the material to make the slope. The result is a bufferiess than 100 feet
and in a lot of cases less than 50 feet. Now your buffer between the river and the pit may
be 50 feet or less. The solution is the pit will be sloped from the mining limits in ward to
the pit bottom with out going beyond the mining limits at any time anJpreserving the
buffers at their design widths.
In summary:
Mamm Creek Special Use Permit Res. No. 2002-l}l will be in full force for the area
on the south side of the river as is unless it is opened for full review and public input and
comment. All provisions by all enforcement agencies will be in place and complieA witfr
as when Mamm Creek was in full operation. Never forget there is still a complete phase
to mine when the eagles meet there unfortunate demise and Snyder's property is siil
listed as future mining all to be mined under this same special use permit. Why change itjust to try and fix amess created by these operators. This is what numerous county, state,federal senators and representatives, and heads of the DOW, CDOT, and other d#r.fou4, so hard to q:t for these operators. If these public officials would fight for thepeople, not special interests, as hard as they did to get this mess approved this country
would experience unlimited prosperity.
Truck trips 100 in 100 out a day as per permit
All batch plants located at the facilities axea as per permit (f1ll it back in if need be
they knew there was more to mine here at some point).
-
. The proposed tons per year per perrnit needs complied with and adhered to at alltimes.
Noise levels at the facilities enforced.
No cutting beyond the mining limits for reclamation or any other reason.
Any revisions technical or otherwise to any regulatory agency permits needs to be
assessed very carefully to determine the affects on the rpe"ial-us" p.'r-it anO adetermination made to open the permit to review with anew hearing and public
comment. (changes to one permit can adversely affect another).
If any plans are submitted to any agency to improve the roads near our house andproperty and approved by the Federal Highway Administration than not followed inconstruction, is grounds for permit termination.
, The Army Corps. Of Engineers, Sacramento office was directly involved in theflood plain issues and berming around the pit. This office was the ,ortu"t point at thebeginning and should be contacted now because of the problems with the area to ensurecompliance of conditions for the Mamm Creek pit. (berming to prevent pit capture in 50or 100 year a flood event)
Berms aud landscaping for screening required in the watershed permit at thefacilities area in particular and other places u-.*a the pit need to be in place.
The planning commission was denied a complete presentation of the Mammcreek pit special use permit and all its complexities the fiist time around. Now you arebeing asked to blindly approve this application piggyba"k"d ;;;"p "r* ""*.r;*crumbling mess of apermit you havelimitea oino-knowledge of.bnless yoi g"t ucomplete review of the first permit you only have half the information to make"adecision' You have to make to many assumptions and you should not assume anlthing.
Thank you,
@,/-A
Doug Grant
Box 1027
Basalt Co.8162l
EXHIBIT
0,5g
From: xKathy A. Eastley't <keasLleyOgarfield-county.com>
To: r'He1en Migchelbrink" <hmigchelbrink@fcgov.com>, "David H,
McConaughyr' <dmcconaughy@garf ieldhecht . com>
Dat,e: 2/27/2008 4:50:48 pt4
Subject: FW: Commenus to Proposed Special Use PermiE
Just thought I would forward this email to you.
Kathy East.ley
Senior Planner
Garfield County Building & P1anning
l-08 8Eh Street, #401
Glenwood Springs, CO 81501
Phone: 970-945-82L2 exL. 1580
Fax: 970-384-3470
keast, 1ey@garf ield- county . com
P Please consider the enwironment before printlng this e-maiI.
From: Woodmansee, Tim lmailto:Tim.Woodmansee@DOT.STATE.CO.US]
Sent: Wednesday, February 27, 20Ag 4:09 PM
To: Kathy A. Eastley
Cc: Erickson, Dorlynn; Larry Tannenbaum,' Messenger, Jackson
Subject: CommenEs to Proposed Special Use Permit.
Kathy -
Thank you for tsaking time yesterday to discuss the application by North
Bank Holding, LLC, .Tim and Jean Snyder and Gypsum Ranch Co., LLC, for a
proposed Special Use Permit for Extraction, Storage, Processing and
Material Handling of Natural Resources- Region 3 of the Colorado
Department of Transportion (CDoT) submi-ts Ehe following comments t,o the
proposed action:
The preamble to the description of the property owned by Gypsum Ranch
Co., LLC, which description accompanied the Publ-ic NoEj-ce received by
CDoT, reads "ALl that. portion of the following described Lands lying to
the North of the center of the median strip of Colorado Highway I-70\
(emphasis added). As described, the Gypsum Ranch property would include
a considerable portion of the right-of-way for Interstate 70, including
the entirety of the westbound lanes. The ri.ght-of-way for Interstate 70
adjacent to the Glpsum Ranch Property is depicted on the attached Right
of Way plan sheets, consisting of 4 sheeEs. Because CDOT owns and
controls the right-of-way for lnterstate 70, CDOT respectfully requests
that any approval(s) of Ehe requested special use Permit specifically
state , for public record, thaE such approvals do not include any areas
located within the limits of the right-of-way for IntersEate 70.
Thank you very much for Ehe opportunity to comment on this proposal '
please feel free to contact. me if you have questions or require
clarifieation to the foregoing'
Tim Woodmansee
CDOT-Region 3 ROW Manager
970-683-623L
<<5578gRowsheet.scombinedl1-13.pdf>> <<I 7o-1(12) Sec 4 sheet rr(a)'pdf>>
<<1 7o-1(12) sec 4 sheet 12(a).pdf>> <<I ?0-1(12) sec 4 sheet
13 (a) .pdf ,>
STATE OF COLORADO
Bill Ritter, Jr., Govemor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EOUAL OPPORTUNITY EMPLOYER
Thomas E. Remington, Director
606O Broadway
Denver, Colorado 8O216
Telephone: (303) 297-1 192
wildlife,state. co. us
February 26,2008
Kathy Eastley
Garfield County Building and Planning Departrnent
108 8th Stree! Suite 401
Glenwood Springs, CO 81601
RE: North Bank Holdings, Special Use Permit
Dear Ms. Eastley:
District Wildlife Manager Brian Gray, has had the opportunity to review the referral information for this special
use permit. Gray has also previously provided comments in April2006 and January 2007. These earlier
comments are still applicable for this development project.
In the comment letter submitted in January 2007, Gray referred to the peninsulas that will be created in the ponds
during the reclamation process. Gray hadoriginally discussed using floating islands with the applicant to enhance
the waterfowl habitat available on the ponds. The addition of these floating islands should provide more nesting
and escape cover for waterfowl than the peninsulas alone. In additior, the wildlife report provided by Beattie
Wildlife Consulting, suggests exploring the applicability of the floating islands for the man made ponds. The
floating islands should be seriously considered in the reclamation of these gravel pit ponds.
Impacts to wildlife in the area while the gravel is being extracted are inevitable, but if the reclamation plan is
adhered to, the developed area has the potential to provide habitat for many species of wildlife over time.
Thank you for the opportunity to provide comments on this important land use issue. If you have any questions,
please contact Brian Gray.
Sincerely,
D,ru*{rt
Dean Riggs, AreaWildlife Manager
'r.lrrir -uJ
cc: Ron Velarde
Brad Petch
Brian Gray
DEPARTMENT OF NATURAL RESOURCES, HArriS D. ShETMAN, EXECUI|VC DiTECIOT
WILDLIFE COMMISSION, Tom Burke, Chair o Claire O'Neal, Vice Chair o Robert Bray, Secretary
Members, Dennis Buechler o Brad Coors o Jeffrey Crawford o Tim Glenn o Roy McAnally o 3;66ut6 *u,
Ex Officio Members, Hanis Sherman and John Stulp
ForWldlife-
For People
Kathy A. EastleY
EXHIBIT
trF
From: Helen Migchelbrink [helenmig2004@yahoo'com]
Sent: TuesdaY, March 04, 2008 5:16 PM
To: KathY A. EastleY
Cc: Eric Reckentine; David McConaughy
Subject: North bank response letter
Attachments: 4195812245-visual and environmental mitigation reply 2-26'doc
Kathy:
Here is my response to the letter you sent last week. Also, what time are we scheduled for hearing with
the planning Ctmmission on March 26th? Inquiring minds want to know. thanks,
Helen
Helen Migchelbrink
1505 Teakwood Court
Fort Collins, CO 80525
cell970-218-1409
home: 970-484-8921
work email: hmigchelbrink@fcgov.com
Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Tryjt noul
31s12008
l) In any mining phase, the mined slope length of 2H:lV will be bacffilled as
necessary prior to topsoiling and seeding. Generally, this is a milder slope of at
least 3H:lV from 5.o feet below the water line and higher. The amount of mined
slope allowed to be present that is not baclfilled at any given time is 1000 feet;
Lafarge meets or exceeds this requirement
2) The amount of baclfilled slope that is not topsoiled is limited to 400 feet.
Topsoiling is required on all surface areas down to 5.0' below expected water
level.
Lafarge meets' or exceeds this requirement
j) Seeding and mulching according to the approved plan will occur on all
topsoiled areas each spring (March L1-April 15) or fall (September 15 to
November l5) no matter how small the area is.
Lafarge meets or exceeds this requirement
4) Within 6 months of finishing mining in any phase, the area must be fully
reclaimed including topsoiling, seeding, mulching, sapling planting, and water
filling of the lake.
Lafarge meets this requirement, however this condition should have a weather /
time of year -force majure - Le. seeding could be delayed if the timing of
the earthwork reclamation takes the seeding into winter conditions
6) The operator will submit an annual report to the County with GPS
measurements shown on a map showing the current disturbance, what areas have
been bacffilled, where topsoil stockpiles are located, all site structures, what
oreas have been seeded, mulched andwhat is plannedfor the ensuing I2 months.
Lafarge meets this requirement and reports annually to the DRMS.
7) All of the above are binding conditions of the County permit and the State
Division of Reclamation, Mining and Safety The Division of Reclamation, Mining
and Safety can withhold the reclamation bond f the final reclamation is not
executed according to the plans.
Enforcement Options:
a) The County commits to notifying the Operator of any compliance concern
and allows an inspection with site personnel and the designated County
inspector prior to contacting any agency.
b) The County can request a site inspection with one doy's notice to the
Operator. Full access to any part of the site will be granted. On request, all
paperwork must be shown. The County cannot request a large number of
inspections that would interfere with normal operation without cause.
c) A full list of all permits will be provided to the County. Any person at any
time can call the following agencies directly and request an inspection if they
believe a condition of that agencies permit is being violated.
- cDpHE Air Quality Control 303_692_3I50
- CDPHE Water euality Control 303_692_3500
- US Army Corps of Engineers 970-243-1199
- Division of Reclamation, Mining and Safety 303_g66_3567
- CDOT Grand Junction ffice 9Z0-248-7000
- City of Rtfle - Watershed permit 970-625-6224
Agencies will issue violotions with fines depending upon the gravity of
the violation and the past history.
d) The County will be invited to any bond release inspection of the State
Division of Reclamation, Mining and Safety. The County inspector will hove
the opportunity to demonstrate that any item of the permit has not been
complied with and that bond should not be released.
e) The County will have the opportunity to evaluate the performonce of the Operator with
regard to the County bond and withhold portions of the bond if it is dimonstrated to the
Operator that certain conditions of the permit hove not been met. The Operator
aclcttowledges that the County has performance standards in place thatiould lead to
revocation of the Special Use Permit if continued violations of the permit occur over ct
period of time
Lafarge concurs with these requirements
EXHIBIT
E, GC
Kathy A. EastleY
From: Chris Hale tchris@mountaincross-eng-coml
Sent TuesdaY, FebruarY 26,2W 1:46 PM
To: lGthY A. EasfleY
Subiect RE: Floodplain Administrative Permit
Kathy:
I have reviewed the Floodplain permit submittals within the North Bank Holdings, LL_c binder for the special use
peimit apprication. rnis iJriew generated no comments concerning the Floodplain Permit Application' .
The
Applicant proposes conveyors eievated above the base flood elevaiion and provides calculations showing no
i.iffit. to tnir base flood elevation. Upon completion the conveyor and appurtenances will be removed' Feel
free to call if you have any questions or comments.
Sincerely.
Mountain Cross
Engineering. Inc.
Chris Hale, P.E.
826112 Grand Avenue
Glenwood Springs, CO 81601
Ph: 970.945.5544
Fx: 970.945.5558
From: Kathy A. Eastley [maitto: keasthy@garfield-county'com]
SenE Monday, Febnnry 25,2(m t2:2V PM
To: dtri@nPuntaincross-eng.on
Subler* Flooddain Mministrative Permit
Chris,
I am the (new) phnner on the North Bank Granel PiL Fred and I discussed the application ard there wa
infonnation suomttj ano i iequest rnaoe tor developnrent within the Flood$ain. Please revieYv and cornrnent on
this aspect of the proposal. lle attracfred the applbable regulatbns.
Thank you.
Kothy Eostley, Senior Ph?urcr
Garfield County Building & Phnning
1O8 8th Streat,#4Ot
9leword SPrirqs,CO 81601
Phone: 970-945-8?12 a<t. t58O
Fox: 97A-384'3470
keost ley @gorf i eld-countY.com
5f, nt"n,. consider the environment befcrre prrntirlg tlus e-mail
3t612008
EXHIBIT
Helen Migchelbrink, P.E.
1505 Teakwood Court
Fort Collins, CO 80525
March 8,2008
Ms. Kathy Eastley, Senior planner
Garfield County
Building and Planning Department
108 8th Street
Glenwood Springs, CO 81601
Subject: Special Use Permit for Extraction, Processing and Storage of Natural Resources(Gravel Extraction) North Bank and Mamm Creek
Dear Kathy:
Last week I sent you.a long letter responding to several issues. included in that package
was a proposed phasing plan based on an estimated production level of 500,000tons/year. I wanted to clarify that this is purely conceptual in nature-there is nothing inthe Special Use Permit that limits the productitn to "rii.uted amounts other than thelimitation placed on the capacity of Mamm Creek's ability to distribute the gravel.
Market conditions will dictate the production levels.
C)ver the past few weeks you have forwarded me response letters from five review
agencies. I would like to acknowledge each t.rponri and provide conrments regardingissues raised in their letters:
l. Garfield County Road and Bridge 2/26/0g
Jake Mall indicated Road and Bridge had no objection to the application. He alsostated the operation will be the best possible use as it uses on existing gravel pit andload out facility with access to I-70 without impacting Garfield Corotyhoadsi'. Healso emphasized the tremendous need for gravel and that North bankwill providean excellent source of gravel for Garfield counfy Road and Bridge due to itsproximity. Lafarge concurs with Mr. Mallos comments.
2. Ciry of Rtfle 2fi 9/AB
Assistant City Manager Matt Sturgeon provided written comments on the proposedoperation. He stated sthe proposal was likely the most comprehensire appii"aiioo
submitted for a gravel pit in Garfield County to date". He furtner complimented
the applicants on the collaboration among Lafarge, the DOW and Fish & Wildlife
Service to create a quatity wildlife habitat. Thc city also voiced its support for theconveyor transport system to convey gravel across the colorado River. we
appreciate the city's positive feedback on our application. On another note the city
recommended that Garfield County consider entering into a Development
Agreement with Lafarge to assure compliance with mining and reclamation
activities. Lafarge asserts there are sufficient contractual and financial guarantees
in place with the state of Colorado to ensure all activities are carried out as
represented in the application. Lafarge has consistently demonstrated its
commitment to its obligations to restore extraction sites to sound ecological sites.
3. Mountain Cross Engineering 2/19/08
Mr. Chris Hale indicated the application was quite well organized. Lafarge takes no
issue with any of his concerns, specifically,
1. Portable toilets will be located outside the floodplain.
2. Portable water will be delivered to the Mamm Creek employee trailer.
3. The final water decree is now in the application binder. Chris Hale apparently
received an earlier copy of the binder before we incorporated additional exhibits in
response to staff comment letters, all of which had been sent under separate cover at
various times. Our attorney has forwarded a copy of the final decree to Mr. Hale.
Please note that the "application" should include all of the materials in the 15 copies
of the binders submitted on 16ll08, which incorporated the original submittal and
all additional materials submitted separately up through and including that date.
4. Both Mamm Creek and North Bank have State Highway Access Permits as well
as Notices to Proceed, both of which have been completed. The North Bank NTP
required no site improvements.
4. CDOT Region 3 Right of Way 2/27i08
Tim Woodmansee indicated that any county approval not include areas located
within Interstate 70 right of way. Lafarge has no objection to this comment.
5. Division of kYater Resources 2/,/9i08
Cynthia Love submitted comments. Lafarge acknowledges that it must obtain a
well permit prior to exposing groundwater.
If you have any additional questions please call me any time at97o-2lg-1409.
Sincerely,
i.^r-,; 1)^ :.\AXt''- I
Helen Migchelbrink, P.E.
enclosures
Eric Reckentine, Lafarge North America
David McConaughy, Garfield & Hecht, P.C.
Scott Balcomb, North Bank Holdings, LLC
Mr. and Mrs. Snyder
cc:
GARFIELD COUNTY
Building & Planning Department
Review Agency Form
Date Sent: February 1,2008
Comments Due: February 19,2008
Name of application: North Bank Holdings, LLC
Sent to:
,*ie
Planning Department in the event you are unable to respond by the deadline. This form
may be used for your response, or you may attach your own additional sheets as
necessary. Written comments may be mailed, e-mailed, or faxed to:
Garfield County Building & Planning
Staffs contact: Fred Jarman
109 8th Street, Suite 301
Glenwood Springs, CO 81601
Fax: 970-384-3470
Phone: 970-945-8212
General
load out facilitv with access to I-70 without impactinq Garheld Countv roads,
The need for more gravel in orx valley makes this a very viable pro.iect and would have
less impact on Hishway 6 and the Citv of Rifle and Town of Silt.
It will also be an excellent gravel source of Garfield Countv Road & Bridge Departrnent
as it is close to our faciliW.
Name of review agency: Garfield County Road and Bridge Dept
By: Jake B. Mall Date _Februar.v 26. 2008
Revised 3/30100
Februry 19,200t
Mr. Fr€d larmam, Dircctor
ffieH Counfi Buildirg ild Phnning
108 86 S&€€t, Suite 401
Glenwood S$ngs, CO S1601
RE: NortbBmkHoldings,L[,C SpecialUseFcrmit
Dear Fred
The City ofRifle is receip ofand has reviewsd tte above refu€nced spesial use permif Tho ci,ty appreoiares boing
graoted lhe opportrnity to revietr thc strbjoct ryplicuion.
The city has oo fumal objcctbn to the.North Bmk application. We & wisbto poid out trd it icuDfotrtuails
another largs grailel pit is being proposed within theColorado River c/atemhed abssntamas&r plan frr&b ssction
ofthe river, 6d the adoptior of speoific cunty land uso rcgx{stions or policios for gravel i[ilractim in ttis fragilo
arraa. Thd sai4 wE ars 4preciativo of lrtrorft Bank holdings and laFarge fs ' t'ing the time to visit with porties
ismesled inthe h€alth of the river.
The 4plicadsprepcedy,taiblikely&snoctcompeheusiveqrylicationsbuittsdfcragEutrelpitiEffiId
County to dqb" The city recognizes fte applicaffi took time b work wi& tr€ Diviskrn of Wildlife md US Eisb and
Wildlife S€rvice and cleaie a reclamdioo phn tt* will alhrv fro {rpation of quality wildtife ad c,€tlad bbitats if
corecdy imjtl€mqf€d.
The city's me ooncsru b implcmeMtiou. Lilre with all log*e, lmd use acthdti€s,lhc putkx involvsd can ud
ofteo & change. T.hs oi$ r€sp€ctfrlly rcqrrcsE fts coffiy adopt conditiors of ryproval necsssary to rome &e
submitted rsclaoAim plail is earied out The city f€els s8oryfy this is a Effi of locat ide*rict, d tte eosDty
should not r$ly on the Stete Divisioo of Reclamatftyrof Mining and Saffiy or othsr sm or fcdoral agcnsico to
€o$r€cof,lptiarcowiAdrpminirrgaodieclamdionplans. Thecitysqodgb,urgesGarfioldCourtyconsider
atedng intO aDovetqmeotAgreeuent-much likepu would do with asubdivisisn-4o€nsut€ pnop€r guarshes
are in plam to ertsilne full ompliace srith &e mining aod rechmmim rtirdties"
Lasdy, fu efty ryorbffe use of r cocw5orto get the ramwto te I.aFuBe's exbtAg oprfra*hrc d B&m Cleek
Rr4uiringloFarpto procestteagregde af &eNorth Bankpitumuld lftply incneaso Highrwav 6 ttrckffic iuto
ttE-Cily of Rifle; we wurld erefertts be svoidpd a,$ the oity is ehieady Ueing negptiwty impast€d bV trc increasing
igdusgtalaativityinthcoounfyhtrveeosiltaudRifle. Thisbeingsaid,$rcrvonldaskheosmtyoareftlymooiior
fre ptaoem@ of the conveyor as it will Inffict wib lb flooduders ofthe Colorado Bis€r.
Re.spectfrrlly,
CityofRiflb
fvim Stugeon, Assi$et CityMmgEf
c. City Couusil and Plaming Commission
Febnuary 19,2008
Mr. FrdJarman
Garfield Cou*yPlaming
108 8rD &reet, Suits 4,01
Glenu@ Springs, CO EI60l
RE: Sp€cial Use PemitAppli*ation fmNoilh Br-rkHotdingF; Sed & GravelExtraction
DearFrc&
1ryq* hr* been performed ofthe docurer*s for the Sp€cid tlse pemdt applicdion f6por&Bank l{oldirys sand and grav€l e.rmasdon Ths packagc ums found to be;eI ".grri".d_ Tb"followiug com€otg qrrstions, orconcesu nrcre g€,u€rald:
1. Potable toilets are proposed for emplopes; these should bc locdd odside of tb floodplain.
2- Prurdinq eotabt umter for ttr employees is not 6scu.*ed in & ryIicaion The ryplicdshould discrrss uftat is inteoded
3- The lrd€r dghts s€€m to bc nett a decree &om the corrrt lte'final d€cree *ould be a conditionofqryroval.
4. Applim shmld discrns th6 stahs of,the leoeosed acc6s to the sie- The a@ss p€rrrit
included withiu the ryplication has e)ryired- -
Feel free to call if you have aoy questions tr if ffiy of&e above needs ffrrther claificaion
Sircertly,
NIowt&iin Cross Engimering Inc-
Chris Ilale, PE
EI(HIBIT
Neighbors of Northbank Holdings
29979 Highway 6
Rifle, CO 81650
March 13,2008
Garfi eld County Commissioners
Garfield County Planning & Zoning
Ladies and Gentlemen,
On March 26,2008, at 6:30 p.m., in the Commissioners' meeting room, there will be a
hearing to approve a speciai use permit for gravel extraction filed by Northbank Holdings
Co., LLC, Jim and Jean Snyder, and LaFarge North America, affecting approximately 70
acres of a 230 acreparcel of ranch river bottom on the north side of the Colorado River
just west of Silt and across Highway 6 from our homes.
This letter speaks to that application.
Where is the master plan for the Colorado River watershed as asked for by the officials in
Rifle as well as a good number of county citizens and discussed at a commissioners'
hearing as early as May of 2006? Why isn't there something in place to address 50 year
or 100 year floods that would affect the river banks as they are now, not including the
gravel pits waiting for approval?
If this permit is approved by the P & Z and then by the County Commissioners, it will
add to the industiialization of this valley. With more industrialization comes more noise,
poorer air quality, higher volumes of traffic and loss of wildlife, aquatic life, grasslands,
trees and all forms of vegetation.
Industrial sprawl has been created by the special use permitting process in the past and is
used by the gravel industry usually after receiving a permit from the State Division of
Reclamationof Mining and Safety or other state or federal agencies to ensure compliance
with the mining and reclamation plans.
The problem in the past has been that there has been very liule monitoring of the
extraction process and even less of the reclamation. This is highly visible between
Antlers Lane and Rifle, along Highway 6 and also along I-70 west towards Rifle.
The only hope for retaining some quality of life for the small property owners, such as us,
lies within our P & Z planners and our County Commissioners in Glenwood Springs'
Last spring when a Special Use Permit was issued by our County Commissioners to
Gypsum Ranch, LLC, the same owners as those of Northbank Holdings, it was issued
with 33 specific conditions.
These specific conditions were implemented by our new Director, Building and Planning,
Fred Jarman. Mr. Jarman could see that in the absence of a comprehensive master plan
for this section of the river, pertaining to gravel extraction, Garfield County needed more
regulatory power for the gravel mining industry, regulations that aren't provided by the
State Division of Reclamation of Mining and Safety.
We thank Mr. Jarman for his foresight in accomplishing this for the residents and for the
health of the river corridor. This is a worthwhile start, but a river corridor land use
master plan is still needed.
If these 33 specific conditions are enforced by the Garfield County Code Enforcement
Officer, it will help to ensure the residents of this valley that the operators of these pits
are operating as intended by the Specific Conditions provisions. Without enforcement
they are useless.
Matt Sturgeon, Assistant city Manager in Rifle, in his letter of February 19,2008,
addressed to Fred Jarman expressed disappointment that "another large gravel pit is being
proposed within the Colorado River watershed absent a master plan for this section of the
river, and the adoption of specific county land use regulations or policies for gravel
extraction in this fragile area."
In addition to Matt's concerns, I would like to add the following:
If the State Division of Reclamation of Mining and Safety ever had a reclamation
plan in the past, it was never enforced;
The older pits in our area are in dire need of reclamation, and it is very visible;
As important as a master plan for future gravel extraction is, a plan to implement
the reclamation of these old pits is equally important;
Is there a way to take some of the permitting monies and dedicate it to restoring
the old abandoned pits back to their original condition with the correct grasses
and trees, including irrigation systems?
If this applicant is granted its special use permit to proceed with its plan to mine these 70
acres of river bottom, it will make a total of 2.4 miles of continuous gravel pits without
any interruption. It will tie right into the east end of the Chambers pit, which is presently
being mined by the United Companies.
We are already heavily impacted by Antero Resources' drilling activity on this same
stretch of property. If this permit is granted to mine gravel as well, a tough situation just
gets much tougher.
At this time, we are asking for a guarantee from theP&Z and the County Commissioners
that, if the permit is granted, the 33 or more conditions as recoflrmended by Fred Jarman
not only be implemented, but enforced. We also ask that a motion be made and approved
to start working as quickly as possible on a comprehensive master plan for the Colorado
River watershed.
If the above cannot be guaranteed, then we ask that the permit be denied.
Please give us adjoining property owners some consideration.
Sincerely,
i{:ir7-% G
e/atL:e b. GrfrnKl-K-' '2 uri"',-,/t tt-" '9 P'
tqze cE *o
4
t ;'l*e f
3oq7t/-?i$,
AN
,)c
..,1 ' 4*r,#*o(V
' ,'rd// /u'y'
ft,'t''/e , Cd'
frrr"*''-/*""'
i61au
il2{4
Joh n d- /r/r-t'; ly n (b tzq
)o{75 /fcu/ 6
R rf(*, Co Yt6 s o
Ner*h A J.n, e117za
/o- LLS Ro"{
R ; t lr, (o Yrasa
/' ,i.,--, ] / irt J/t'"*/ y'
ir /
18 8,7 c-Z 2 /D
P; //e e,
'@r&kf
'L688 L
- -r&/L, 0u ( ta*
\;p b;
l'*r',2 Lo fr) 2tD
("'r-,r-)
[L,il* t.s -' gt l*)
EXHIBIT
Nella D. Barker
1973 CR 210
Rifle, CO 81650
Garfield County planning and Zorung
Via e-mail
keasley@garfi eld-county. com
Re: Gravel pit application for Northbank Holdings, etal
Ladies and Gentlemen:
In May of 2006 a numberof us living north of Highway 6 east of Rifle were concernedabout a gravel pit application being presented to the county commissioners for approval.we wrote to the commissiorr"r. *d talked to them in p..ro, during their Mondaymeeting.
our concerns weremany, but the major concern we had, and from here I,ll speak formyself was the lack of an overall Colorado fuver watershed study. There is nothing thatspeaks to a major flood, be it a 50-year flood or " 100-r;; flood. There is no one whocan tell us what will happen when one of those floods hitr m when even the old timerssay that it will hit us.
At that time, almost everyone agreed that astudy would be important, and I encouragedthe Commissioners to turn d9* every gravel pit application from then on until a studycould be done' To my knowledge, .rothlrg rras rraffi"a. -u"..
we are two years later,with a major application before you, and *"'r. no'smarter now than we were then.
How can this be? Today's news is filled with flooding in the Midwest, and New Englandis-bracing for possible flooding. Two years ago New England was hit hard inMassachusetts and New Hampshire where one of the rivJrs actually changed course andmoved a half mile away from its previous course.
This may not be a function of the Planning and Zoning, to order a watershed study, but Iam asking you to please deny all gravel pii applicatioris until a complete watershed studycan be accomplished.
Very truly yours,
Nella D. Barker
970-379-2700
-
Jrl
I
Form No.
GWS-25
APPLICANT
glfrcE oF THE STATE ENGTNEER
f,'*hqm,DP,,?Jylp,,.P.Np"r",H#,i,F,BiresouncES
LAFARGE WEST INC
PO BOX 368
GLENWOOD SPRINGS, CO 81602.
APPROVED WELL LOCATION
GARFIELD COUNTYSW 1t4 NE 1t4 Section 12
Township 6 S Range 93 W Sixttrp M.
prsTAryCES FROM SFCTTON LTNES
Ft. from Section Line
Ft. from Section Line
kt<
WELL PERMTT NUMBER . 86845 _-r__-_DIV. 5 WD 39 DES. BASIN MD
(303) 885-55e4
ISSUANCE OF THIS PERMII DOES ruOT COruTER A WATER RIGHT
1)
2)
3)
4)
u(JNutTloNs oF A,PPROVAL
f'ilili,;ilil.f:,'::l:,:,^:1.:^y,1.::^! fy.e no materiarin ury to exisrins warer risrrights, Ths issuance of this permit does nol ensure thatfij^::Lgffi:Inffiffi;ff;:,:*:::::*-"::ili,-rt"lti"lli,il1lli;,,,11ffiilfi"fl1H.iffi,jffi,::',il;ffi,il:#H[ltT,i:'3[['Jjl,i:??l,fl,Tj,i':a:lli[:y::::y.:.1]-":..,',-*e;T[i;;T[U;::[::'#Jffi,T':TJ[:iil"
ffi"i,#:11fl,11"'ff='.",1,.,":lg:g:,:,"..1i1i;i^,Uffiiy,:l;"HlTJilfil?:,i,ffillf,;llH:::l[::['#.ffi1fijl'j#1ffil'J#::x'"?,rffixll?:,l1lll'J";,li::**':::rlil#id,:Li*,j;tffillff::#,r;':'"1ffi;'lxii:Jl,F,i6ji5,Ji,ffff:5:*:1"-A3s,I.r:;{"fi;l;;ffffiTJl;,",#tilj,f J;J,lfl.J:I5
i,1fl1lL?iliffiU:fffl1x'i"*X-t9s*::::#^:r,Iiiliiil:,ffiiil,:?il",J;:ii[':,1H#"'.TYi1[:ffiliilni:,g::?f ::"11".:i:l1::y11l:.o,ini,toiioni;;i;iil;#'ffi ;,JJ;ilJ,[J:[l with the terms of
il",ilfl:n,,",'#'fiffilj'.'r,J::11 water to t" ,rrtr'*'ffi;;,;;o',Illi'r""-oet with rhe totarsurrace area or the proposedground wator pond limlted to 40 acres.5) During gravel mining sp9r61i6ns the use of groundrrvate-r rs hmited.to.evaporation(121.6 acre-leellyearlor up to 40 acres of exposedgroundwater), wator tost in the mined proau-ct 1tO.z acre+eeUyeai), arrt i.r,ir"f 1f S-S acre-teeUyeirfl."j eguipment and truck washing (0,72acre-feeUyear). Upon completion of gravel mining.operationsir.,e ,s" of sioriA *,.t", i, r,rit"Ji. "irrirr,,o, IZ0Z.1Z acre_Ieetlyear lLr 7oacres of exposed groundwater in tnis pit anO NortibanX Oravef pit Weff ic-om-UineOl. r.f .
"tt
.i ,r" "jiru[, ,. allowed unless a permit thereforis approved.6) Ii::H:l:l3iliH-.'l;"::l,i'#:l,l1ffiXk;;'#iJ'ffi::i,..fi#:^#1,ffiy- number(s) and court case numbe(s) as appropriaro7) A lotalizing flow meter musl be instalted 8o as to m.eTure any pumping from this graver pit pond and maintained in good working ordar.Permanenl records of all diversions rrom ttre lraret pir ponJ, Ln.s,i ri"rlr"i'pr.ouct, and it
" .rrrr.e .r"a of ground water sxpo'urs sha, bemaintained by lhe well owner (recorded at lea-st annuarry) and subiritted to i#oiririon Enginoer upon .6quest.8) Pursuant to Rule 10'1 6 of the watet well construclion Rules, graver pit we[s are exempt from the minimum well construclion standardsilTilJffii*iil1ffi:tr#;liitr;:,ffi:o i. *'" n,L. il;;#;;i; sraverp, sha, take nu,".,",.y means and precaurions to9) Puteuant to Rule 17'1'4 of the waler well conslruction Rul6e, the owner shafl subm[, after initiation of construction, site pran and crosssection drawings on E 1/2" x 1 1" paper showing the extent of intended .r""rrtion, the maximum Jrpti .r ril pit, and the initial sratic waterlever. The owner sha, arso provide the initiar i"ie ot grouno water exposure in the pit,10) The maximum pumping.l* is limitod to 3oo gallons p91 lrnule during mining operalions. pursuant to policy 2ooo-4 of the stats Board ofExaminers of water well construclion and Ptimplnstallation contract'orr rgo'.io, no pumping
"q,pr"rirn.,r be insrared in the graver pitwell to wilhdraw water for any baneficial use, untess a separat' written request for e vailance has been approved by tho Board.1 1) This well shall be located at least 600 feet from any existing wsrr, compreted in rh6 same aquiter, that is not owned by rhe appricanr,;[#3l'"*oi3u1:fJl1T ,::;:f.Xil:r',:t['.Ji.'rsuani to cRS 37-s0-1:rzrirrnrrrurar. r'rorc" *, ,..i to rhe owners or permit no(s) 460 r,'(f z-/? rug
Northing:
l-6
Asr.gz
irAir4 zb;?.ot$EXHIBIT
ffi
ffi
EXHIBIT
Kathy A. Eastley
From: Fred Jarman
Sent Tuesday, Aprit0B,2008 12:38 pM
To: KathyA. Easfley
Subject FW: North Bank holdings- special use permit
See below. . .good comments-
From : Kenrin Whelan [maitto : kewhelan@ rifl efi redept.org]
Sent Tuesdan April08, 20S lt:02 AM
To: Fred Jarman$tbjd: N,orth Bank trcldirgs- special gse permit
Fred,
I finally looked through the North Bank special use permit. The only comment on this or any ofthc other previous 8r1vel pits is that it ry-ould be great to develop a water source ldry hydrani) forour use in the area utilinng the ponds. Since theieclamation does not involve *y 6"ilai"g iLrwould be permanen! to require this would unnecessary. It would just be a good idea to haveanother water source in the event of a fire in the are&
Development of a water source for our use would have to be reviewed and the issue ofrnainterance would need to be addressed. In past conversations with our Board of Directors wehave discussed the possibility of a cost share prograrn with a developer.
Kevin C. \Mtetan
Division ChieflFire Marshal
Rifle Fire Protec*ion Distict
1850 Railroad Ave
Rifle, CO 81650
k:ewhelan@riflefiredpet. org
Office 970525-124J
Cel|970618-7388
Fax 970$25-2963
4trc/2D08
-
Helen Migchelbrink, pE
1505 Teakwood Court
Fort Collins, CO 80525
April 10,2008
Mr. Carl Mount
Colorado Division of Reclamation Mining and Safety
1313 Sherman Street
Denver, Colorado 80203
Re: Technical Revision for permit No. M-2006-0rg - North Bank Resources
Dear Mr. Mount:
on behalf of Lafarge, this letter shall serve as formal request for a Technical Revision tothe Reclamation Permit No. M-2006-018 for the North Bunk Grur"l Mine in GarfieldCounty Enclosed please find the TR permit fee of $216 and proposed mining phasingplan.
The purpose of this Technical Revision is to alter the mining sequence and phasing plan
as it was originally described ln the application materials. driginaily, ,f," -ining '
sequence was intended to be done in fifteen to twenty acre internal ih^"., starti"ng withcell A and finishing with cell B, and was written u. rho*, below:
- !
Material will be processed from two distkct pits; Cell A and Cell B. Cell A occupiesapproximately 47 acres and Cell B 31 acres, respectively. The proposed operation nillstart with the western Cell A, and completely mine it-out prior io miniig of Cell B.Each of the celk wil! be stripped in internai phases of approximately lito"20 acreseach in order to allow for effrcient removil of thi ,"roor"rr, minimal ,,double-
handling" and stockpiling of overburden, and coniurrent reclamation.
Proposed phasinq/sequence chan ge
Lafarge is requesting the following change to the sequence (mine Cell B first and thenCell A last) and to the sub-phasing (rather than t 5 6 20 acre sub phases, complete theoperation in sub phases of approximately l0 acres each)
Material will be processed from two distinct pits; Ceu A and Ceil B. cell A occupiesapproximotely 47 acres and Cell B 31 acres, respectively. Construction will start withthe western portion of celt B. Then the mining of cett B, which ;;ii;"";;yftfCru[VED
APR 2 I 2008
GARFIELDCOUNTY
BUILDING & PLANNING
will commence. Each of the cells will be stripped in internal phases of approximatelyl0 acres each to minimize the amount of laniiisturbed at any one time. The proposedphasing plan is shown in the attached Exhibil
If you have any questions, please contact me atgTo-z1g-1409. Thank you.
Sincerely,
A-bL
Helen Migchelbrink, pE
cc Eric Reckentine, Lafarge
David McConaughy, Garfield and Hecht
Scott Balcomb, North bank Holdings, LLC
Mr. and hzlrs. James Snyder
Ms. Kathy Eastley, Garheld County Senior planner
24 HOUR 8,ANKtt{c Isoo} 904-34a4u,"" YP.- Nor*hb*tuK
r: IO 7008 1O 5r:ELE eBO ?? lt,n' . IDE0
[:fBAItKffi#ifrffnx,
RICFIARD I. MIGCHELBRINK
HELEN R. MIGCHELBRINK
IsOsTEAKWOOD CT.
FORT COLLTN' co s0s2s
&fl/1070 10 6 0wn7n4
o*, 1/to/ oa
$flt6"ad
6
E
I
-
-uvollo
U)mo-u
-
@zooo-moCrm
oTI
z
m7
r
mx-{7
o-{oz
=lj1l\..', ,1,''ll ,.*
;i:-"r- \ ,1'.' .w'f,
loE'Nir; -
n-> \t,= ",. \'\,'',,itr'o, \\ i-nl-o -lri ) ',', \ 'A-+''i'j, ';: ) {?;^ t=lil
t,t,
I
I
e
I
,r5.1',*\
I. fi:N*-.'-
{, L.r:! .I-rr\
i.
-\l!
-f
)l/
'\\
-)
!,,
.n
iii'-.it,".
-.' , r,:.-,, l,:.-r, ri
''\-{\ I
I
/\\'
1t"""""tl: I,/iwi
t11""-""''
U
'a
d
liiiiiii ii'r
ili! illi liiili
iEI
iii ili
;
ta i
ii irl ;
a
.(\
ffi \\
. _/--i.)l
{.
r- i lr' "Jto\ , il
ft_../) ,'Lr
,/-0 ,
o i; ili6Ai{lo
HEIili1HilA
i, !)
\t I lilB.:t i:i9P.
t:1;u!6Er
i
fi1
tl
lY i:
o
o:@o
€.=
I-o:!g
o-
o!!
r>
ln@adO
I . _ll\i
\Y/
i,\,tt L T TI\{ l\
lr. t''-^,-.--"^-,lQ
,l
\
-/
I
I
RE: Application for Lafarge
Kathy A. Eastley
Sent
To:
Fred Jarman
Sunday, May (X, 20O8 4:'12 PM
lGthy A. Eastley
SubJect FW: Applicatbn tor l-afarge
Here ya go.
Fred
From: Roussin, Daniel [mailto:Daniel.RoussinOOOf.Sfefe.CO.USl
Sent Friday, May 02, 2008 4:57 Pti
To: Frcd Jannan
Cq Znarnenae& Zane; Albn, Weldon
Subid RE: Apdidkm tur Lafarge
Fred - Tlrank you for taking my call. As we discussed, CDOT is interested in Lafarge to re-apply for a
new acc,ess permit to clarify traffic volumes on the Lafarge permit. I have contacted Lafarge
representative and they have indicated (verbally) that Lafarge would re-apply for an access permit. The
representative agreed to provide an new application and provide a traffic study to show the impacts of
the new development.
Have a good weekend.
Dan Roussin
R3 CDOTTraffic
Frcrn: Roussin, Daniel
S€rlt: Friray, tlay 02, 20(ts f:58 Ptl
To: rolarman
Gc Znamenacelq zane
Subject Applkztirn for Lafarge
Fred - lt is my understanding that LaFarge at Mamm Creek at Exit {X on the l-70 Frontage Road is
planning to excavate on the north side of the river and use a conveyor system to move the materials to
the south. CDOT would like to revietv the traffic numbers to make sure they are within their permit.
Please provide CDOT with the traffic numbers of the neu, operations.
lf you have any questions, please let me know.
Thanks
Dan Roussin
Colorado Department of Transportation
Region 3 Permit Unit Manager
222 South 6th, Suite 100
Grand Junction, Co 81501
970.6836284
970€83€290 FA)(
51512008
EXHIBITr?7
Lee and Darlene Estes
29979 Highway 6
Rifle, CO 81650
May 6,2008
Mr. Fred Jarman, Director
Ms. Kathy Eastley. Planner
Garfie.ld County Building and Planning
108 8th Streer, Suite 401
Glenwood Springs, CO 81601
Re: North Bank Holdings, LLC, Special Use Permit
With LaFarge, North America
Dear Ms. Eastley and Mr. Jarman,
Before the above application for approval goes before the Garfield County
Commissioners, I would like to express my disappointment that our letter dated March
13,2008, to the Building & Planning Commission, as well as our individual comments,
were given no consideration whatsoever. This didn't surprise us much, even though the
letter was supported by twenty-four neighbors' signatures, neighbors who reside very
close to the Northbank Holdings' property, as that letter stated.
Before this application goes before the County commissioners for their final approval, I
am asking you to please reconsider and revise the hours of operation and the allowed
decibel level of 80 dbs, for the overburden/topsoil removal.
My residence is the closest and will be the most impacted by such a high decibel level of
noise.
The Northbank Holdings' east property line and my east property line are the same.
From my residence to the north side of the proposed pit is approximately 800 feet.
My house is located on the edge of a large, wide draw or gully that extends all the way
down to the meadow where their topsoil operation will start. We will have no protection
from the high bluff that borders the new pit on the north side. Therefore, the noise
produced during this first phase will migrate up the draw to my residence.
t
Page2,
May 6,2008
Couple any additional noise this new pit will create with the existing noise from Antero's
drilling operation on their B-pad location, which is on the top of the bluff, and it's going
to create an unbearable situation for us to retain any kind of lifestyle.
To add to this situation, Antero has built a new road off the bluff down onto this same
meadow. The Northbank property joins the Coloroso property to the east on this same
meadow.
Antero had the equipment that digs the "rathole" for the start of a new well. This new
well pad will be about 300 or 400 feet from where the top soiling operation by LaFarge
will start.
In addition to Antero's drilling operations, Antero has recently placed many large
rectangular water tankers (about 20) on their expanded B-pad. A 12-inch water line has
been laid to the river and a large pump installed to filI all the tanks. From the number of
water tanks going in to load and coming out loaded onto Highway 6, and going by our
residence, they must be using that well pad to supply their other drilling locations with
water. This goes on at all times of the day and night.
They told me a couple months ago that they still had four more wells scheduled for the B-
pad and would be back to start drilling again around November or December.
In reviewing the applicant's application, they state that the noise level and hours of
operation were consistent with other gravel pit approvals through the Special Use Permit
process.
Please take note of the Specific Provisions for the Silt Sand and Gravel Permit. On Page
5, Provision No. 2l,you will see that the applicant's hours of operation far exceed those
imposed on the Silt Pit. The applicant's hours of operation should be the same as the Silt
Pit.
On Page 2l,ItemNo. 27 (1) of the Silt Pit Permit, the noise level must comply with the
standards set forth in the Colorado Revised Statutes.
I'm sure that the equipment used by LaFarge is no different than the equipment used by
the Silt Sand and Gravel to remove topsoil, so why should LaFarge be allowed to exceed
the noise levels set forth in the state statutes?
In closing, I'm asking for your strong consideration in reviewing these two provisions
that I've related above to all of you, as making them conform to the state statutes will
make a huge difference in our lives.
Page 3,
May 6,2008
We cannot accept any more disruptive noise than we are forced to accept at the present
time.
Sincerelv, az"*Ee
h*l*, M,
Lee and Darlene Estes
Cc: Garfield County Commissioners
Mr. John Martin
Ms. Tresi Houpt
Mr. Larry McCown
Page I of2
EXHIBIT
!EoI
Kathy A. Eastley
From: David H. McConaughy [dmcconaughy@garfieldhecht.com]
Sent: Monday, May 05, 20082:47 PM
To: daniel.roussin@dot.state.@.us
Cc: Helen Migchelbrin( Eric.Reckentine@lafarge{ra.com; Kathy A. Eastley; Michael Horard
Subiect: Laf;arge Highway Access Permit
Mr. Roussin,
The purpose of ffris e-mail is to confinn the plan and understanding of Laf;arge with respect to its access permit(s)
br the Mamm Creek Gravel Pit.
As you know, the cunent permit allows up to a maximum of 200 ADT for the gravel operation that accesses the l-
70 iiontage road. This permit was issued in connection with the existing, approved "Mamm Creek Gmvel Pit' on
the south side of the Colorado River.
Lafarge now has pending before Garfield County an application for a separate gravel pit on the north bank of the
Colorado River called the "North BanK' pit. As part of the North Bank application, Lafarge is seeking permission
fuom the County to install a @nveyor belt across the riverto bansport aggregate to be processed at Mamm
Creek. The processing operation and all sales operations at Mamm Creek would continue to be operated under
aS existing permits for Mamm Creek, including the existing CDOT permit for 200 ADT. Thus, it is our
upderstanding that both CDOT and Garfield County agree that no new a@ess permit is required f6r the North
Bank application except for the extrenrely limited traffic that would access the site direcfly ftom Highway 6&24,
which has been separately issued already. All commercial sales would take place at Mamm Creek under the
existing permits and sObject to the existing 200 ADT limit.
You have suggested that it may be in the mutual interest of CDOT and Lafarge to submit an application to amend
the cunent permit for Mamm Creek, Among other things, it may be useful to obtain nw permits that do not use
the term "ADT' because this has caused confusion in the past. (As you knor, the State Highway Access Code
now uses the term "AADT'instead of 'ADT').
lafarge is happy to comply urith that suggestion and agrees that some clarificaton may be helpful. Howener, we
want io be completely clear that we are proceeding on the assumption that the existing acoss permitwill sufEce,
and Lafarge agrees to abide by whatever permits are in place at Mamm Creek, as noril existing or as may be
hereafrer arnended.
We are specifically NOT requesting any amendment of the CDOT permit in connection with the pending North
Bank application, and any change to Mamm Creek's acoess conditions should be revierred later and in a separate
proess. Wb do not beliane that the pending North Bank application should be tied to any amendment of the
existing CDOT permit for Mamm Creek, because we can live with the existing permit as is.
Based on the understanding set brth above, Lafiaqe intends to submit an application br an amendrnent of the
CDOT acoess permits for Mamm Creek sornetime shortly after the hearing on the North Bank application on May
12,2W8. As you might irnagine, our consultants are cunently engaged in preparation br that hearing.
I am copying this letter to representatives of Garfield Gounty. lf anyone has any questions or @noems, pbase
feel free to contact me. Thank you.
David H. McConaughy
Garfield & Hecht, P.C.
The DenverCenbe
5t712008
Page2 of2
420 Seventh Sfeet Suite 100
Glenwood Springs, CO 81601
(970) 947-1936
fax (970) 947-1937
dmcconaughy@garfieldhecht com
Tax Advice Disclosure: Any U.S. Federal tax advj-ce contained in this
communication (includj-ng any attachments) j-s not intended or written to be used,
and cannot be used or relied upon, for the purpose of avoidj-ng penalties under
the Internaf Revenue Code or promoting, marketing or recoflrmendinq any entity,
investment plan or other transaction-
51712008
EXHIBIT
LLC.
Garfield County Commissioners May 3, 2008
RE: North Bank Holdings LLC. , Jim and Jean Snyder and Gypsum Ranch Co.
Gravel pit and assoc. uses permit application
Dear Commissioners;
Please find enclosed a picture of the North Bank conveyer and the Mamm Creek gravel
pit and facilities area, a letter to Planning Commission members, Resolution No. 2002-
101, E-mail may 02,2008 from CDOT Dan Roussin to Fred Jarman (new access permit
and traffrc study).
The Mamm Creek gravel pit directly affects the Grant Bros. property most directly
traffic in front of the house at the I70 Mann Creek interchange. We have made numerous
complaints about traffic from this pit violating the 200 ADT maximum trips. Now with
North Bank proposing to use the Mamm Creek SUP and pit area to process gravel and
sell from this site we are concemed that the on going problems at the Mamm Creek Pit
will only get worse.
1.Every permitting agency that issued a permit for the Mamm Creek SUP should be
contacted in writing by the applicant and notified of the proposed plan to use the
Mamm Creek pit area for importing and processing gravel from across the river
and asked to respond in writing if their permits are still valid for this change of
use. To assume that there is no problem with just going forward and all permits
are not affected or are still valid for this change of use is not going to assure
compliance with all Mamm creek SUP conditions or North Banks either.
The Army Corp permit At Mamm Creek required berms to prevent pit capture in
a 50 or 100 year flood event. Those parcel berms have been removed. Do they
need to be reestablished for this operation? Has the Sacramento office of the
Army Corp.been contacted as they partially intervened in the permitting last
time?
3. CDOT access permits for Mamm Creek are specific to the land on this site. 200
ADT maximum trip counts or the number of access points may not be valid for
this change of operation.
The facilities area is between Dry Creek and the slough. North Bank application
states the asphalt plant will be at the end of the conveyor from across the river.
The end of the conveyor as depicted in the picture (North Bank Conveyor) is not
in the Mamm Creek facilities area. The facilities area is clearly pictured west of
the conveyor terminus. This needs to be addressed maybe as a condition of the
North Bank SUP so there is no question later. Lafarge has asked before to move
the asphalt plant into the pit area and was denied by the Bocc. The modem day
design of the Mamm Creek pit located the facilities area by Dry Creek complete
with a domestic well for the offices (not to be with the scales as their doing now).
The Facilities area is out of the flood plain according to their flood plain study.
The hours of operation have been ignored from time to time at Mamm creek.
These time limits need to be enforced period.
2.
4.
5.
l-
t. I
I have been in contact with people for access permitting and traffic counts for the Mamm
Creek pit. As you may remember the Federal Highway Administration intervened in the
access situation for this pit and the changes to the I70 exit 94 interchange. The access .
permits for Mamm Creek are not valid for the North Bank proposal. THEY HAVE NO
ACCESS! New Permits will need to be applied for and among other things a new traffic
study completed. Also I am requesting the BOCC require a traffic study be conducted for
365 days, as testimony was given by a representative of CDOT and for the applicant
when we did a trip count study that found between 500 and 2500 trips were coming from
Mamm Creek that a traffrc study no less than 365 days be completed. This application
will need to be tabled for 365 days for the new traffic study to be completed so there is no
appearance of special treatment of the applicant. If Grant Bros. have to count for 365
days to prove there is a violation of the trip numbers (200ADT) than the applicant would
need to do the same.
The access permits are not valid for the proposed operation they are specific for the
Mamm creek property only. The applicant and planning dept. appear to be making
assumptions without verification from the all the permit holders at Mamm Creek. Written
verification from all permit holders signing offthat they were informed of all aspects of
the new proposed operation and acknowledging weather their permits are valid for the
new operation, or they need to be revisited, or new permits applied for.
Changes to the Mamm Creek SUP will require opening up the permit for review and
public comment (see # 6 of res.2002-101 for access permit).
#5 of res.20l2-l0l requires portable toilet facilities be outside the 100 year flood plain
or in the mining area (protected by the 100 year flood plain). Where are the berms that
protect and prevent pit capture by a 50 or 100 year flood event?
where are the landscaping, screening berms with trees and brush?
Thank yoq^
f"&X-r"-f//
Dou[ Grant
Box 1027
Basalt, Co. 81621
r'l
: r'
'-l
"s-I
I
3n\'o(\h-
n
C
<)
-j.-?,l.
"l-
o
\/"E
s
$
I
t, ia
i- rl
t
Garfield County Planning Commission Members Feb.l l, 2008
RE: North Bank Holdings LLC. , Jim and Jean Snyder and Gypsum Ranch Co. LLC.
Gravel pit and assoc. uses permit application
Dear Planning commission members:
Just one look at this application and the same old thing is coming right back again.
First of all any changes to the Mamm Creek special use permit will require reopening that
perrnit again. The county commissioners have already ruled that the asphalt plant is to be
in the facilities area. The applicants tried once before to move these batch plants to the pit
area and were told they would have to open the special use permit and go through the
review process again. This was billed as a modern day gravel pit. Let me tell you it was
and stiU is a mess. If they open the special use permit for Mamm Creek I stand ready to
show that many deficiencies exist in the studies and documents submitted when Mamm
Creek was first approved. To name a few, the Flood Plan study was inaccurate because
old studies were used and the river change because of flooding and a gravel pit capture.
The traflic study was inaccurate then and now there is about 100 trucks or more a day
additional trucks coming from Scott Balcombs River Ranch water storageo oil and gas
operation. All of these using the Mamm Creek, Airport I70 interchange. The Army Corps
of engineers Sacramento office needs to be contacted about the berm completely
encircling this site to prevent river capture in a flood event. This was required by the
Corp. and appears to have been removed at present. All the requirements of res.2002-l0l
of the Mamm creek pit needs to be in place and operational before this moves forward.
Landscaping berms with trees and shrubs for screening are required by the watershed
permit; by the way did any of you see these berms while the pit was going gang busters?
The truck trips were a joke and a source of calls to the county for enforcement that were
never heard, 200 ADT 100 in and 100 out period. The Federal Highway Personal that
visited our blocked driveway could only laugh at the testimony given by the applicants
and CDOT under oath about the 200 ADT and the way it is administered. One CDOT
enforcement person told me if we went one truck over our permit limits he would take
enforcement action and fi.rrther more we had the wrong fiucks using our drive way that
being water trucks and he was considering taking action. Does anyone see anything
wrong with this picture! The traffic study submitted by us (even though the counters were
stolen right off the federal roadway) to the counry when the Mamm Creek pit was in
operation concluded there was between 500 and 2500 trips aday coming from this site.
Our driveway was blocked for 28 days and when the feds arrived they told us what to do
and because the plans that were submitted to them for the intersection changes were not
the same as what was being constructed at our driveway they would get thiJ corrected
forthwith.
Now we have North Bank wanting to use a disaster of a special use permit to piggy back
their new and better modem day pit.
I
First the truck trips are to be 100 in and 100 out no more. With all the oil and gas trucks
the intersection needs upgrading for more trips than 100 in and 100 out.
Second the proposed tons per year production should not be any more than Mamm creek.
You had testimony at the silt sand and gravel pit hearing that 800,000 tons a year was
being sold out of Mamm creek. If this is true how did they accomplish this and stay
within their truck trip limits being a seasonally driven business? Why didn't the county in
its annual review question this and ask for scale tickets, and how a pit with 20 year
reserves got mined out in two and, still stayed within its truck trip limits? The North
Bank application states on page 3, 450,000 tons a year for asphalt, concrete, road base,
and pipe bedding. Than on page2 of the Dust Mitigation 7000 tons a day and 900,000
tons a year is the base line for dust mitigation measures for production not plant area
stockpiles or other just production. What is the production going to be and how are they
going to get all this done within the truck limits? This is a seasonally driven operation
(summer most activity fall winter least activity). No Averaging over the whole year, and
you don't have to count every day for a full year either to arrive at an accurate account.
The Federal Highway people just loved this one.
Third the hours of operation need to be enforced because time after time late night or
early moming activities were taking place at Marnm Creek. When we contacted the
county we were told they had permission from a County employee or commissioner so go
away. These incidents were Not Emergency situations by any means.
Fourth the flood plain study from Mamm creek is being used forNorth Bank, as pointed
out in documents submitted at the review of Mann creek and ignored the first study was
not accurate to begin with so we just continue on with out correcting this. Make the mess
even bigger?
Fifth the gravel pits have mining limits for excavation boundaries no excavation goes
beyond these limits. These limits provide for buffers around the mine area. As an
example a 100 foot buffer from the river or between the river and the pit excavation is
called for at North Bank. Now this is what needs to be prevented from happening.
Operators of gravel pits will cut the edges of the pits vertical right to the mining limits to
get all the value possible out of the pit. Then when reclaiming begins they don't want to
pay for fill to slope the vertical faces to a 4 to 1 slope. So instead they cut the vertical
face back using the material to make the slope. The result is a buffer less than 100 feet
and in a lot of cases less than 50 feet. Now your buffer between the river and the pit may
be 50 feet or less. The solution is the pit will be sloped from the mining limits in ward to
the pit bottom with out going beyond the mining limits at any time and preserving the
buffers at their design widths.
ln summary:
Mamm Creek Special Use Permit Res. No. 2002-l0l \irill be in full force forthe area
on the south side of the river as is unless it is opened for full rwiew and public input and
comment. All provisions by all enforcement agencies will be in place and complied with
as when Mamm Creek was in firll operation. Never forget there is still a complete phase
to mine when the eagles meet there unfortunate demise and Snyder's property is still
listed as future mining all to be mined under this same special use permit. Why change it
just to try and fix a mess created by these operators. This is what numerous county, state,
federal senators and representatives, and heads of the DOW, CDOT, and other depts.
fought so hard to get for these operators. If these public offrcials would fight for the
people, not special interests, as hard as they did to get this mess approved this country
would experience unlimited prosperity.
Truck trips 100 in 100 out a day as per permit
All batch plants located at the facilities area as per permit (fill it back in if need be
they knew there was more to mine here at some point).
The proposed tons per year per permit needs complied with and adhered to at all
times.
Noise levels at the facilities enforced.
No cutting beyond the mining limits for reclamation or any other reason.
Any revisions technical or otherwise to any regulatory agency permits needs to be
assessed very carefully to determine the affects on the special use permit and a
determination made to open the permit to review with a new hearing and public
comment. (Changes to one permit can adversely affect another).
If any plans are submitted to any agency to improve the roads near our house and
property and approved by the Federal Highway Administration than not followed in
construction, is grounds for permit termination.
The Army Corps. Of Engineers, Sacramento office was directly involved in the
flood plain issues and berming around the pit. This oflice was the contact point at the
beginning and should be contacted now because of the problems with the area to ensure
compliance of conditions for the Mamm Creek pit. (berming to prevent pit capture in 50
or 100 year aflood event)
Berms and landscaping for screening required in the watershed permit at the
facilities area in particular and other places around the pit need to be in place.
The planning commission was denied a complete presentation of the Mamm
Creek pit special use permit and all its complexities the first time around. Now you are
being asked to blindly approve this application piggybacked on top of an ongoing
crumbling mess of a permit you have limited or no knowledge of. Unless you get a
complete review of the first permit you only have half the information to make a
decision. You have to make to many assumptions and you should not assume anything.
Thank you,
W,A-d
Doug Grant
Box 1027
Basalt Co. 81621
MAT.10. luuJ ll:))rM L[,tYlfltrul(ln & f\flrr r, I I
Comisioner Chaimm
Comisdoner
Co@iNEl)lot
Confff Atsrney
ClcrkoftbeBoad
CoumyAdufoisttator
lr1.r. ul0
l&fl l,rf {tf ! |lltlll il r!ruLuiltl [ [ n rrr ffi ffi r6r46?s trtts/mo{ g! ;E?tjiigs
, iblb.f,,?r,iB'ohTr ,".,.,9 R o.oo D o.ao ennriru-cifriy co
SM.'TEO}.@LORADO
Courtyof Gadeld
)
)ss
)
At a regularueeting ofthcBord 9{C-oumy conmissionsrs for ffield counfy, colorado, held fothe coumisetoncre'IdeetingRoorn, GarfieHcouutycor&ouse, hGlcurroo,d S;;;, onhdorday,tbezlsrday of Octobcr2002, therevrureprescntl
qi&m tbc frlhnring Focedhg$ anoqg othecs were bad ald done, to-rilib
RrsoluTioNlrlg. 2ooz- 1 o.l
A RESOLIIIION coNCBNm wmt THE ePPRbvAt OF A spgctAl, UsE pERMtt
APPLIC.aUON FOR Tm ExrrRAcrrilN oF NATURAL RESOURCES tS.qND
-_
cRA - !,emGing-ry9 (69.}[(88T8 bATcE 44Nr, A.rpi!{if pr,A}.TT, coNcREIE cAsrrNc Ar{DFORI\{INC) AI{D ASSOCIATED AfiTvfIIES II.ID ACCESSoRy1JsES fOn rorW c. MARTIN,RICIIARD r. srEPrIENsoN, gcorr M BALcotdB, JAMES A1.ID JEAII sIglDR- -' "-*,'-t'
unEREAs, tire Boad of couuy-co'missbaers of Grfcld cou$y, Colorado, bas receiyedapplb*ion &oa lolo c- }vrut{n, Ricbaft! K s}phrnsoq scon u gslcor6'r@s od Jean srydEr.concemed cfift, a Sperial Uee Pemit to a[ore for netnral-rqource efirac.tionited ,"d s!-*l ;ffirocessfug (concrete bachplarn, aspbilt plqt, concrete casthg aud.foming), associated astfiriiie' ealacoossoryuseq
$EEREAS, tr P-d,hcrd:rubric beainrg ontbo r4r dry of octo@ z1ovz d* *.hesftg to thc 21s day of October, 2W rrpon ruiuesti; of whetner trre atorre.aeccdbod special usePa,it i*ro'raegatea or deoie4 * "ar!.lheafrg tfiotrir rraideoestedlrcnoos we.re giventheoppornnrityto eJqlress thbir opinions tefoaiog e" d.*"'"iraa spccft{ use pcrmiq and
$ffiaEAs, &e Boad on the besi8 of substautial colnpeeot cvid€ope prodgced at thsaforeoeulmed b*dng; eas mrde tb 6llowinE aetemloatio org"t:
, . rl'i
lvfiI&dAlsdorf
nlAY. lb. lulrj ll:))rH . LLAYEnrU(tn q nnnr
. lrf$ryIfll|ttryt},H ,Hfl'l$[llt#l!|$,,tf,,p! .r2of GR0.s0
i.'
nv' vJu
NoB TBREToRE' BE IT RE.SoL\IED by tne Board of county coomissioDe.rs of 666erdCorffiy, Co-lorado, et th Special Usc peroit b" # b*.d; AProrrcd to allow frr r*trral rcsourceoaraction (snd d grd'qtd> processing (corcretc ut& prat, .qpBb plaot, c@c6cte casthg andfoffiing)t associ'etod.e{tivitiB and;essory.useg upootie folhuriDg qpeci6c conditioni:
Allpoposals ofthe qplcd adrepreeeandions made at tt' heaihg shalr fu;ffi:H*^ ofagnornal uriroe stared otrurr*'u tv ae g;d
"f d""tv
. Prhr to i.*ra* ofthe spmiar use pemrif copies of alr rocal goveuruent peouits'nd stde q4 sdeear go\r.**rrd ,g*cypu*,fit" F{,rircd in order to udertake"'r"r'-g md prooessing operatiors .Lrr [" s'bmittedto the phmbg Deprtocm.
Prior to issua* ofgg special use pe'mt a oopy oftb final decrce for theapproval ofa plan ofAugmeatation &h approved tf tle wa&r courr or asubstir'te u'rer nrpprvpran*rrv rytr;rd'& thri*;rfr;*, Division ofwater Resources shstt be *Mft.d;iapprrt" to the pilr,"g Deprrnctr
upon completion ofy*is_qtivities, &erIIDs shrrl gs aHoaedin accortraacewith altqpplicabie r{erat st ir *a r,o} reguratioru ia eftc,t at trar tis,e andthe aea sLaltbe rtai-"a 'u€B*.,.,i' {r eus(;
#,ilffi*l:P- shsrl be b*Y: ?^Ts.d"F 100 y",. noodprair; or-a
A naxrronm of200 ADT. Bhar be aflowed jry t]re propertr ia accorddce wirh tbecotorado Deparmeot
"r r*rrp"raurilu*rrry'd#frir, issucd bas'dtponthe colotado'Hig[qrsyAice*4il. *Anv e.hanse in rhe r'uvim.n AhT
Thatproperpublication audprrblicnotico wereprotded as reE:ired bylawfor the h,armgbefrro tbeBoard of Couuty Corrf.ii,roor.
TItEt tbe hcariEg bebre the Board of courryco*irrio*r, was'efihrrsirp ,u *obrutg thdallpertincm &cts, ndtem d issrrcs urere srrwt"d *athat rl uto"rt"a prtbs were heailat that heaing. -ry= u r'r4c
'a
ffi:r*"is in coupliancewilhtbe fficld coudy?on,ngRcsolrriin of t97g, o
' For tle above st8red aud other reasons, the.propoeed F" I in ,t, hst rdercst ofthe heafr!,sa&ty, morals, convenieocg oraer, pmffird;rrfi*
"nil .t ir;; ;fcrr&d cor&ry.
I.
;.
4,
3.
@
o
Pwed by cpor willr. .G ;-;;-dr;;
r. t)
z.
I
fllAY, t0. lt](,J u:))rftl LtA\,tflllul( tH & IAKr f'{U, U Jtr r, t{
i
llilllll
8146783ofB
lll iluilllll Ulllililililttililtil ililfiilly\WzOAz 01rt2p st/,eg pg6s il *SnbnFR O.OO D O.dA GRRFIELD COUNTY CO
Tte opetrbrs ti-trrygproccs-sing auu+ris,"sarqa, rhalr not excccdtl*Ts d,(A) (zg*_.7 a-nr) -i go dxA) rz"*T.ip*lEaxi.r.lpermissiblenoise level **lj X Azor'. Arr activirias "'*1*6#iffi n A;mrtffi*cRs- $ ?s-72:703nobe stanapios -&ourdtler. il
" ffiu* about encessivEuoise, r "ar do the reqpmsibiriry;rtt" ;ppuiliff"fiffdoame$atiooregarding the aubieatrcls t"rir, u .ttiiu". i*r[';iG acevfty cq*ins tloooqphb consisted urirh tbe st*e aoi* ;ar.d" ;;**.h documetration''hall be preseoted to thcBoard oi-d-ryc"-Ih; i-a pu,ic r."*aguo$e as lequired. by Sectbn 9, OE.O+.
9*."*p.r*ora 1Tp[eoe wilh,$eqtion5.0? of the Gar'etd Co.ofyzoring Resotrrba of lg7s,]as ,r*d"q ,tdifi;iltio-rl" prop"oy.
.T::9 -p- lorre of operatioa *, * Uo. 6ff am, to 8:00 p.rn-, Modaytb'ough su,rday ud g:dO a.,n to t :oo p.re- on s*udeys tol u*.u thoughNorrcoober. Tte oper*iag l"*, aiirqg-
'hrll b" # ;d""- tJ e,oo p -u- il"ff"mffi:"*"'v p*t
Prior to is$laDce of q spegial ure p€ndt ryplicant sball submit plans to th. eplamtog Daait,cd drr;dng th" ;;e* oiau existiag, and proposed eJectioarlin.s, tele,ho* ItT *ipr"pir. er";*,. AIr *ruffirlrmt d to sati4r
' this cordilim rust te *i,'ptir*-rilffiriffiffi
AII Tiglt "g shall b dowqgt urd ruwaudly dirocd to ,ut**2" saefy conAiceuri& highwav rafip *a *m uuar"*;d- tb" G"f"ffi,ry Airpsrr
Prior to issuflmce ofthe Special U se peonit, apelic@t shell subdt to the plEoDing'o,m*ffgt*e;*bd;;td*€sry;_onqeabym
:esultiag aouthe p'ring ort[" *ilGrrir.a by ru speciar use permit Thisproteotirc cornnam mrst te h a form il"perr" il G-ffila couty attoracy.
The storage ofal aqnT:Ut, oraploeive Tbsturrs shrll corry$ with aIIapplicabb provisions orthe Nrtoia ilre 65-affi"rit#*r" or aglosiveffif* shall be stor=d witbto ,q'**;bjoj," ffirffi, thE Iooyear
7,
to.'
11-
14' AII maredal or wastes which migLt coastitu*e a fre bazard or v&ich may be edrhlebyor otiremise be attaotive to riJ.m or irsoc"rs ,oarl s,orcd ortdoors ia
@
tfltl , .10. luuJ tl:)urfi Lcfirfflnunln ff Ar{|1r
t-.
r{u. u l0 r, l,
jj jl
1ry,Il!Illt!|pl4,.HlHfl
'l#tq|#,,ry|l|Lp,
:
accordance wjtb all armlil.lBlo .*r.!-!-
or srch nzter;arsT#Jff ffi tYJffi: ard of Hearth pgeuratiof
15 frHm H#"?ffff*regirfretioo andtaxation ortuu q,fu ,re g.iliti;. Td schedule of zuchpreperry shI bu kd cureot
"t
in il"r_ta
"io#;orted to tne co,tre.. Cbdes of the listf6) shalt ,+;dd"d; tt" c"n"U d-*ty CIe* and Recordcr,the Gadetd eotry Asserd-;fr; ar.fir" .Grlffi* Dqparmeil,16' A[ vEhicles anrl equipmeu uscd wfthh thepsopertyard traDrported owrp,bricbighuravs rbulr b";*pot *gi tt a;-6#rffi;4, chrk ard Recorder17' cory'Ltuce wi& atlterrns aad conditioas of rypriral cootained h anypecnaitffiA$fffi.ffi r.,violation ofauv ofP -d;;ilfr;or poorisloo, ori,Ju-pereit( s) sha, be.".-.#-
ffiffi"ffitr#rmqacon'missioaers *at u *iinJ*ftt'i* (I 0) care,dar days of ary vioration urotice ofpossible vio&tioa rYJr \ruJ' sateDoar dryts (
18' APplnlant mugt conmeoce operatioas ,q1 tle tuus ofthis specnd use pemitwithi, (r) vear ortuissuar[-ffii1ur.pgr"r u*ffi, iba, oBhe.ponthe detemnfoatio" rru" ior*t"ililoia orlnnera; r.i-6oroey @Mo)prsuarr to provisions ofthe s"ab" rriD. y-cq;ril Gi iir.*r, conditionshaw been safiefied, rrfrr,,*r"#fr" i*r*-nHl#Jil*,"rrycoryrered ard tle ouarecrmauil-ffi *rd;.-&ffi;l orffis speciar usepeanit shalt not release-or teunirrate rt" "tur.t*dliJf_il1""ur" prope'ry'wDer! to iopleaert an required co"ilrts *i.ig"r,oo activiti,es.i9. *F* dui* active ni#ng operations arnlicar* er,o, :*r_thc rcco,uend;ri;-"ffiffir_lffipaperi3r sball iryteaed and abirte bv
20' ffi,f3lffitiltr-ffi1g @*ioa in accordsnce with rh'
MA Y. 10, Z00J I I: )trm LtAvtflflUt( tfi & trA[r
Dated this l Atl}dayof . Nqvember :. , AD.2002
NU, {j Jb -r, I 0-
" l|#,tT[|l,pl4fH,,l#l$!r:l#llt$,.frlilI
rh" sp"dar ure paruit shal be rwieryed oe partomthe date irsuace ofthspe,oir Arpricarsl&t "ue,;;;*r*o shalr provide pubrb notioe ofsaid r€Di'w ;n sccoftarce ffi t Gffi;;, a speciar usePs .r"it in eGct * that rire.
Iftb.re'is a cosr to r+ase"Jo-corury'oarEMA for auv frrue ncapping of the##tutffiXffitrffi*tilfi;*,hi,
2t.
22.
gslry.D cgr.rNTY BoARD oFcorrr4rssroNEns, can$rro Edrnrry,COIORADO
A:a
Are
A1c
U. ponugtio4 duS made and seconded the fu€oitrg
. MAY. 10. IUUJ lI: )0rM LtAviNtTUt( ffi & t(AHf:-
STAIE OF COLORADO
Cormy of GarfieU
flu. (Jl0-P. I/.-
ltilil l
it{67E
afB
1I
6
)
)ss
)
T+l-
o*H ffiUry;:'I*uuto * *h* a{aercd the eear of said co,rrry, at. -_dLD.ZW2
cousy cru*'oa ex-ofrcb ckrk ofthe Boad ofcoraty conmbsiouers
j't!:.
A5/95/2ABB i3:82 37AZ4A7ZE4
Flom:
$ent:
7o:
Cc:
Subject:
CDOT PAGE 83/93
Roussin, Daniel
Friday, May 02,200g 4:S7 pM',-red Jarman'
Znamenacet, Zana; Allen, WeldonRE: Apptication for Lafarge
Fred - Thank vou jqr taking my call' -fs we discussed, cDor is interested in Lafarge to re-app ry for anew access permil to clari[r trimc volur"r on in"-Glrge permit. r have contacted Lafaroeropresentative and they haie ,nJlcaieo i;;rri:iirvj*'-ri'[1r1pe wou.rd re-appry for an "r.""i permit,I|p*,ffff,:fitX':T;fl:ff Hjjlffi; "n new
"ii,ri"aiion "n-o
proviJe i iilhi. srudy to show-the
Have a good weekend.
Dan Roussin
Colorado Department of Transporhtion
["_g,gn 3 permil Unn ManatetFYr
Etrv''
,22 South 6th, Suite 100
Yr8tli:LHn' co 81501
970€83_6290 F&(
EXHIB!T
Garfi eld County Commissioners
RE: North Bank Holdings LLC. , Jim and Jean Snyder and Gypsum Ranch Co. LLC.
Gravel pit and assoc. uses permit application
Dear Commissioners;
Please find enclosed Dept. of The Army Permit # 200175036 ( for the Mamm Creek
gravel pit.)
A large part of the Mamm Creek gravel pit before mining was a backwater area of the
Colorado River. Water in high flow times backed into and covered a large part of this site
from the slough east to the area of the present scale house. The reclamation plan for this
pit is to be a backwater area of the Colorado River. If the Mamm Creek Pit is reclaimed
in part or in full water is planed to be standing or flowing in the pit area where you plan
to allow the public and employees to be working and purchasing gravel.
The pit was to be encircled by a berm or berms to prevent pit capture and water
inundating the area while mining was ongoing. The berm placement and size in the flood
plain or floodway is the reason one foot rise in the flood plain elevation was predicted.
The McBride property across the river would see several feet of inland encroaching water
on their land with one foot of rise in the flood plain. The McBride property was
purchased to solve this situation.
Garfield County Res. No. 2002-l0l # 5 refers to toilet facilities being in mining areas
protected against the 100 year flood.
The Dept of The Army permit #3 and #8 Special Conditions refer to during and after
mining preventing flooding and restoring the channel.
Has the Dept of The Army signed off on the North Bank Proposal? The Army Corps
looked at the North Bank side and wrote Mamm creek and North Bank are connected and
one permit attached together is ok. Are you assuming alls ok at the Mann Creek Pit side?
Will the health and safety of the public be ensured while on the Mamm Creek pit
property without berms to prevent water inundation in a high flow event that might just
happen in the next few months? The question for The Army Corps to sign offon is,-is the
Mamm Creek Pit as it is today safe from flooding without the berms being in place?
Thank You ,
D+--*A>)^V
Doirgfrrant
Box 1027
Basalt Co. 81621
;
/
,w'
Permi ttee:
Permi t lltrnber:
DEPAnTilEI'lT OF THE ARMY PERI.III
Roaring Fork Resources, Incorporated -
141568 Highray 82
Carbonda[e. Cotorado 81623
200175036
Issuing Office: U.S. Amry Engineer District, Sacramento
Corps of Engineers
1325 nJtr st.eet
Sacranento, Catifornia qi814-W?J
HOTE: fhe teno ttyoutt and its derivatives, as used in this permit, means the permittee or any futuretransfcree. The term'tthis officer! refers to the appropriate district or division office of the Corps of
Engineers having jurisdiction over the permitted activity or the appropriate official, of that.office actlngunder the authority of the conurandihg officer.
You are suthorized to perform rork in accordance xith the terms and conditions ,*rrr* *,or.
ProJect Descripticr: To mine the aggregate resources adjacmt the Col,orado River, Dry Creek and l,lamn Creek.The agEregate resources xould be nined in phased five-year intervats. epproximtet v 2.4c acres of Hettardinpact are authorized for the aggregat€ production estimated at 100,000 loro-p""-y".r for the first year o.foperation ard 200,000 tons-per-year for the duration of the project.
Att uork is to be conpteted in accordance fllth the attached pl.an(s).
Ptroiect l-ocatiqr: Adjacent the col.orado River approximately 1.0 mite.east of the city of Rifte nithinsections 11 , 12, 13 and.14, Tonnship 6 sorrth, Range 695 vesi, carfier.d cor.nty, cotoraio.
Percit Conditiqts:
GeneraI Conditions:
1' The time Limit for conpteting'the first phase of the nork authorized ends on Jul.y 1, 2007. If you findthat you need more time to corptete the authorized activity. sdrnit your request for a time extension tothis office for consideration at teast 90 days before the auove date is reached.
2' You must maintain the. activity authorized by this permft in good condition and in conformance Hith the
---3erms
and cordjglons of this-Perrllt-
-you qre ryt retieved of this re$rjrement if you abandon the permittedactivitv, atthough vou mavmake aEiE-faith trais-?EF-to " ttri;a-E#d'i#*pii"*e rith ceneral, condition4 betol' Should you rish to cease to maintain the authorized activity or shoutd you desire to abardon itHithout a good faith transfer, you mst obtain a modificatioi of this permit from this office, uhich maynequire restoration of the area.
3' If you discover 6ny previousty unknorn historic or archeotogical remains rhite acconpl,ishing theactivity authorized.by this pemrit, you rrust inmediatety notiry this office of Hhat you have for.rnd. He r,ril, l,initiate the Federat and staie cooidination ""qui"J-ii'a"lu.rinu if the remains Harrant a recovery effortor if the site is etigibte for listins in the liation"t R;j;l;. of Historic ptaces.
4' If you sett the property associeted,xith this permit. you rust obtain the signature of the ner orner inthe space provided and forward a copy of the p"*i[-to'iriil-otti"" to val,idate the transfer of thisauthorizati on.
-2-
5. If a corditioned Hater quatity certification has been issued for your project, you trust corpl,y nith the
conditions specified in the certificatim ae ipecia[ corditions to this permit, For your conveniencc, a
copy of the certification is attached if it'cortains such conditions.
6. You mrst altot reprosentotivea froor this office to inspect the authorized activity at any tinre deerned
necess.ry to enaure that it is being or has been accolmtished in accordance rith the tenrs and conditions of
your permit.
Soeciat conditions:
' 1. The Pemittee shatt maintain a mlnimtm of a 100-foot buffer zone along the Cotorado RiVer (fronr top of
bank landnatd 100 feet eithln the rlparian comidor). The buffer shatl extend to the speciat botrrdary
identified for tlining Area B ard l,lining Area C ss identified in Figure 2, revised Cotorado River Ftood
Ptein, Sheets 2 and 3 o'f 4, datd tlovember 2001.
?. The perrittee shatt maintain a 100-foot tuffer zone atong Halrm creek, Dry Creek and ururamed tributary
dralnages, and a 50'foot buffer zone at atl, rettard mitigation areas andiettard sites not authorized for
inpact by this Departunnt of the AflIIf permit.
1'f)n.io" to project construction, the pemittee shatl, provide a ptan to maintain the project site andllFevent the mined area from becoming the main ghamel. of the Cotorado River. The perrnittee shatt perform
those.neasures &etrted necessary by the corps of Engineers to insure channet change does not occur.
4. The permittee shall, reveget.te the degraded portiofls of the riparian coridor buffer zone nith native
, spccies indigenous to the proiect site to inctude herbaceous, shrt6 and overstory ptants. The appl,icant' shatt provide a specific ptanting plan, incLr.rding identificetion of the degraded portions of the ripanian
corridor, for Corps of Enginegrs apprwat prior to project construction" The riparian restoration ptan
sha([ occur concurent xith each phase of mining.
5. The pernittee shatl. create 3.82 acres of nettands to mitig8te for the loss of functions and vatue 2.49
acres of permanentty inpacted itettanda. The mitigation shalI be perforsed aceording to the creation concept
descrfbed at pages ?7'28 and the xettard seed mix shsm as Tabte 13, of the originat L,ettand Permit
Apptication, Itlsm Creek Sand & Gravel lline, dated February, 2001 .
6. The p€mittee shatI devetop apropriate perfomnrce stardards and provide annuat monitoring reports
describlng the retative success of both the RiparianRestoration Ptan, and the trettand l,litigation Ptan by.
October 30,'for a period of five. years, At the erd of the 5-year fiEnitoring period, the appticant shatt
take those additionat neasures decrned necessary by the Corps of Engineers to insure riparian restoration and
wettalrd mitigatist success.
7. The perrnittee shatt compty rith the Recovery P[an Agreeuent devel.oped and provided b], the FllS, ard dated
tlarch 5, 2002.
futn, to the-f.inat min!.ry=p[qs!-,..thepe1mlt]tee.:!g-!!-nrovide ther--go.fgryl-Elgineers-rith an appropriate--Ef+Et aesign p(air-iiricn deiili66d hoii tttd mini irii'rilf'be reitoFE-;J ;-h-'Is['-f(oi-. cFeriret. .ttris.aeiisn
shgtt bc approved in nritfng by the Corpe of Engineers prior to ioptementation, and shatl insure an adequateftor through channet during average annrat high ftor events.
9. The permittee shalt either c6nstruct a tivestock proof fence atong al.t buffer zones, a[[ xetLands not
authorized for irpact and al,I Hettard mitigation sites, or renpve tivestock grazing fron the project site.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant
to:( ) section 10 of the Rivers and Harbors Act of 1899 (33 U.s.C.40I).
(X) Section 404 of the Clean Lrater Act (fi U.s.c. 1344).
-3-
.dq
( ) section 103 of the Marine Protection, Research ard.sanctuaries Act of 1972 (33 U.s.c. 14lS).
3, Linits of this authorization.
a. This permit does not orbviate the need to obtairi other Federat, state, or locat Euthorizations
recpired by Lau.
b. This permit doeg not grant any property rights or o<ctusive priviteges.
c. This perailt does not authorize arry injury to the property or rights of others.
d. This permlt does not authorize interference rith any existing or proposed Federat projccts.
3. Limits of FEderot Liabitity. In issuing this pemrit, the Federat Govermenr does not aerurre anyLiabitity for thc fottowing:
a. Dam€ges to the Pernitted project or lses thereof as a resutt of other permitted or'unperrnittedactivities or frcrn natural causes.
b. oamages to the permitted proJect or uses thareof as a'result of current or futurc activities
mdertaken by or on behatf of the United Statcs in the pr,6l,ic interest.
'
". Damages to persons, proPerty. or to other permitted or unpermitted activities or structures ceused
.by the activity authonized by this pemit.
d, Design or coruitruction deficiencies associated t{ith the permitted uork.
e. Damage ctaim sssocisted nith any future modification, suspension, or revocation of this pennit.
4. Retiance on Appticantrs Data- The determination of this office that isEuarrce of this perinit is not
contrary to the pbtic interest nas made in reliarrce on the informatlon you prwided.
5. Reevaluation of Permit DeciEim. Thls office ioay reevatuate its decision or this p€rmit at any tinp the
circumtances Hairant-
Circunstances- that coul.d require a reevatuation inctude, but are not limited to, the fottoning:
a, You fait to corpty r,ith the terrm ard conditions of this per.uit-
b. The inforrnation provided by you in support of your perinit apptication proves to have been fatse,
inconptete, or inaccurate (see 4 above).
c. Significant nen information surfaces rhich this office did mt consider in reaching the originat
pubtic interest decision.
Such a reevatuatioD nay resutt in a deterrnination that it ls appropriate to use the susparsion,
modificatlon, and revocation procedtres contained in 53 cFR 35.7 or enforcement procedures such as those
contained in 33 CFR 326.4 and 326.5. The referenced enforcament procedures provide for the issuance of an
adrninistrative ocder req:iring you ccrpl,y rith tlle tenrr ard conditims of your permit and for.the
initiation of tegal action where appropriate. You witt be recpircd to pay for any corrective measures
ordered by this office, and if you fait to c@ly rith such dicective, this office may in certsin situations
(such as those specified in 33 CFR 209.170) accotptish the corrective measurelr by contract or otheruise andbitt you for the cost.
ta\
-4-
6. Extensions. General Condition 1 estabtishes a tine Iimit for the conptetion of the. activity authorired
by this pormit. Untess there are circunstances requiring either a prompt conpletion of the authorized
actlvity or a reevstuation of the pLbtic interest decision, the corps witt normtty give favorabte
consideration to a reguest for an ottension of this time tirrit.
Your siEnature
conditions of
ttee, irdicates that you accept and agree to conpty Hith the terms and
az
(DATE)
This permit becooes effective Hhen the Federat officiat, designated to act for the secretary of the Arrny,
has signed betor.
tsgued for and in betratf of Cotonet Michset J- Conrad, Jr., District Engineer
Srooks Carter, Acting Chief, Regutatory Branch (DATE)
tlhen the structures or uork authorized by this pernit are stitt in existence at the ti[E the property is
tr6t.Bferred, the terns and crrditions of this peroit Bil.t continue to be birdinE on the ner orner(s) of the
properry. To validate the transfer of this peratit ard the associated tiabitities associated Hith conptiance
irith it" terms and corditions, have the transferee sigrn ard date betor.
TTMSFEREE (DATE)
&