HomeMy WebLinkAbout1.0 Application•
•
STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
l)erl(r died to protecting and improving.; the hc•ditn and
environment oi the people 01 (olorado
4 MO Cherry Creek Dr. S. Laboratory Ht:ilding
I)envvr, Colorad(r 4l) 22-1'i SU 4210 I. I In, \vcnut•
Phone•: I in it 692-20(0 Ucmer, '.:(lu 4(1!!(1- ;i I I,
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January 6, 1993
E. P(_ t,_ r Matthies, President
NCIG Financial, Inc
7476 East Arkansas, No. 104
Denver, CO 80217
GARFIELD COUNTY
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CERTIFIED MAIL NO: P 784 032 0511:
RE: Amended Permit, Colorado Wastewater Discharge Permit System
Number: CO- G-850005 - NCIG FINANCIAL, INC. - COAL RIDGE 1/1 MINE
Gentlemen:
Enclosed please find a copy of the amended pages of your existing permit which was issued under the
Colorado Water Quality Control Act. Your discharge permit requires that specific actions be performed at
designated times. You are legally obligated to comply with all terms and conditions of your permit
including these changes. It is especially important to note the "EFFECTIVE DATE", not the
"AMENDED DATE", located at the bottom of each amended page of your permit. It is illegal to
discharge per the new conditions until the effective date.
Please read the amended pages of the permit and if you have any questions contact this office at 692-3590.
Sincerely,
d41 -4 -
Robert J. Shukle, Chief
Permits and Enforcement Section
Water Quality Control Division
cc: Permits Section, Environmental Protection Agency
Regional Council of Government
Local County Health Department
District Engineer, Field Support Section, WQCD
Derald Lang, Field Support Section, WQCD
Ginny Torrez/Anne Ihlenfeldt, Permits and Enforcement Section, WQCD
Permit Drafters, Permits and Enforcement Section, WQCD
RJS/lg
Enclosure
® Printed on Het vele(' Paper
AMENDMENT #1
SUMMERY OF RATIONALE
NCIG FINANCIAL, INC. - COAL RIDGE #1 MINE
PERMIT NO. COG -850005, GARFIELD COUNTY
TYPE OF PERMIT::
Il. FACILITY INFORMATION:
A. Facility Type:
Fee Category:
B. SIC Code.:
C. Location:
D. Legal and
Facility Contact:
E. Previous
Discharge Points:
F. Eliminated Discharge Point:
G. • Remaining Discharge Point:
Amendment #1
Category 07, Subcategory 5 -General Permits Coal Mining
- Surface Runoff Only
Current fee $360/yr per CRS 25 8-502
1222 (Bituminous Coal Underground Mining)
In the NW 1/4 and NE 1/4 of Section 6, T5S. R9O W, -
approximately 3 miles east of New Castle, CO.
E. Peter Matthies, President
NCIG Financial, Inc.
7476 East Arkansas, No. 104
Denver, CO 80217
(303) 337-3877
001 - the discharge of precipitation runofffrom Sediment
Pond A which services the mine portal area and loadout
area.
002 - the discharge of precipitation runofffrom Sediment
Pond B which services the refuse disposal area.
002 - the discharge of precipitation runofffrom Sediment
Pond B which services the refuse disposal area.
001A -the discharge of precipitation runofffrom Sediment
Pond A which services the mine portal area and loadout
area, as shown in figure 1 of the permit.
• •
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Rationale - Page 2. Permit No. COG -850005
III. PURPOSE OF AMENDMENT:
By letter dated November 10, 1992, the permittee has requested that discharge point 002A, to be
elinunated from the above referenced discharge permit. The permittee has stared that discharge point
002A has been eliminated from the industrial section of the permit facility and is now being used
strictly for agricultural purposes (irrigation and livestock watering).
IV. DISCUSSION OF AMENDMENT:
After review of the permit currently in place the Division shall amend the permit for the elimination
of the discharge point 002A, which has been described in the permit certification as the pond that
sen'es the refuse area. A new figure of the facility layout shall be placed in the permit to indicate
the changes in the discharge points. The Division was notified by letter received on December 16,
1992 from the State of Colorado Division of Minerals and Geology, that the discharge point was not
related to the mine activity. The above mentioned discharge point 002A may no longer serve the mine
facility as a discharge point or shall any discharge water from the pond "B" be associated with mine
activity.
Robert Cribbs
December 17, 1992
f •
•
Permit No. COG -850000
Facility No. COG -850005
CDPS GENERAL PERMIT
FOR COAL MINING FACILITIES (SURFACE RUNOFF ONLY)
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act
(25-8-101 et seq., CRS, 1973 as amended), facilities engaged in mining and
processing of coal are authorized to discharge surface runoff from approved
locations throughout the State of Colorado to specified waters of the State.
Such discharges shall be in accordance with conditions of this permit.
This permit specifically authorizes NCIG Financial, Inc.
to discharge from facilities identified. as Coal Ridge #1 Mine
located in the NW 1/4 and NE 1/$ of Sec 6, T5S, R90W, approximately 3
miles east of New Castle, Colorado
to unnamed tributaries to the Colorado River
as of this date: June 19, 1992
This permit and the authorization to discharge shall expire at midnight,
June 30, 1997.
Signed this 27thday of May, 1992
COLORADO DEPARTMENT OF HEALTH
A/ Oria4,
J. Davi Holm, Director
Water Quality Control Division
CERTIFIED LETTER .25 $/°'-2
DATE SUED_�..,�. .Zi.::
EFFECTIVE DAM a: «:
PEWIT
27
This facility permit contains 24k pages.
Amended and Effective 01/06/93
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FIGURE 1
COAL RIDGE #1 MINE
COG -850005
PAGE 26
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Amended and Effective 01/06/93
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FIGURE 2
COAL RIDGE #1 MINE
COG -850005
PAGE 27
COLORADO
DEPARTMENT
OFAHEALTH
ROY ROME
Governor
PATRICIA A. NOLAN, MD, MPH
Executive Director
4210 East llth Avenue
Deriver, Colorado 80220-3716
Phone (303) 320-8333
Niunbers:
Main Building, Denver
(303) 322-9076
Ptarmigan Placa, Denver
(303) 320-1529
First National Bank Building, Denver
(303) 355-6559
Grand Junction Office
(303) 248-7198
Puebb Office
(719) 543-84.41
June 19, 1992
E. Peter natthies, ?resident
7476 East Arkansas, No. 104
Denver, CO 30217
fl
JUN 2 6 1992
GARF4ELD COUNTY
CERTIFIED MAIL NO: P 860 423 404
RE: Final Permit, Colorado Wastewater Discharge Permit System
Number: CO- 0-850025 - NCIG FINANCIAL, INC.
Gentlemen:
Enclosed please find a copy of the permit which was issued under the Colorado Water Quality Control Act.
Your discharge permit requires that specific actions be performed at designated times. You are legally
obligated to comply with all terms and conditions of your permit. It is especially important to note the
"EFFECTIVE DATE OF PERMIT", not the "DATE SIGNED', located in the lower right hand corner of
page 1, of your permit. It is illegal to discharge per the conditions of this permit until that date.
Please read the permit and if you have any questions contact this office at 331-4590.
Sincerely,
Robert I. Shuicie, Chief
Permits and Enforcement Section
Water Quality Control Division
cc: Permits Section, Environmental Protection Agency
Regional Council of Government
Local County Health Department
District Engineer, Field Support Section, WQCD
Deraid Lang, Field Support Section, WQCD
Ginny TorreziAnne Ihienfeldt, Permits and Enforcement Section, WQCD
Permit Drafters, Permits and Enforcement Section, WQCD
RJS/Ig
Enclosure
•
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
4210 East llth Avenue
Denver, Colorado 80220
CERTIFICATION
COAL MINING GENERAL PERMIT
NCIG FINANCIAL, INC.
LACY LOADOUT FACILITY
PERMIT NO. COG -850025
GARFIELD COUNTY
I. TYPE OF PERMIT: Industrial - 1st renewal (General: Coal
Mining surface runoff only)
II. FACILITY INFORMATION:
A. Facility Type: Category 07, Subcategory 5 -General Permits
Coal Mining - Surface Runoff Only
Fee Category: Current fee $360/yr per CRS 25 8-502
B. SIC Code.: 1222 (Bituminous Coal Underground Mine)
C. Location: In the SW 1/4, NW 1/4, Sec 23, T6S, R94W,
west of Rifle, CO.
D. Legal and
-Facility Contact:
E. Peter Matthies
President
7476 East Arkansas, No. 104
Denver, CO 80217
(303) 337-3877
E. Owner: Denver Rio Grande Land Company
James Holt
P.O. Box 5482
Denver, CO 80217
(303) 595-2339
F. Discharge Point: 001 - the discharge of precipitation runoff
from the facility containment pond prior co
mixing with the Colorado River.
G. Facility Design
Capacity: The pond is designed to contain the 10 -
year, 24-hour precipitation event. .
III. RECEIVING STREAM:
A. Identification, Classification, and Numeric Standards
1. Identification:
Unnamed drainage ditch, tributary to the
Colorado River. Segment 4, Lower Colorado
River sub basin and basin.
• •
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
4210 East llth Avenue
Denver, .Colorado 80220
Page 2 of 3
Permit No. COG -850025
III. RECEIVING STREAM: (continued)
2. Classification:
3. Numeric Standards:
B. Receiving Water Data
Recreational Class 2, Aquatic Life, Class 2
(Cold), Agricultural Use
The standards which have been assigned in
accordance with the above classifications
can be found in 3.7.0 Classifications and
Numeric Standards for the lower Colorado
River Basin (5 CCR 1002-8), as amended
March 30, 1991. It should be noted that
this facility does not discharge pollutants
which are limited by water quality
standards with the exception of pH.
1. Stream Low Flow: Not Applicable; effluent limitations are not flow
based.
IV. FACILITY INFORMATION:
The Lacy Loadout facility is used for temporary storage of coal for
loading onto railroad cars. The estimated lifetime at this facility is
approximately 5 years. The loadout facility is associated with the NCIG
Coal Ridge #1 Mine, which is currently not producing. There are no post -
mining areas, bath house, or sanitary wastewater contributions at this
facility. Additionally, there is no bulk storage of diesel fuel,
gasoline, solvents, or other hazardous materials at the site. Land
application of wastewater does not occur at this site and the facility is
not located within one mile of a landfill or other mine or mill tailings.
Only surface runoff water enters the containment pond which is designed to
contain the 10 -year, 24-hour precipitations event. No chemicals are used
for treatment in the pond.
V ANTIDEGRADATION:
These are not reviewable waters pursuant to Section 3.1.8(3)(a) of the
Basic Standards and Methodologies for Surface Water (5 CCR 1002-2), based
on a finding of no increased water quality impact.
VI. DISCUSSION:
Applicable effluent limitations and monitoring requirements regarding
active mining outfalls are addressed in Parts I.B.1(a) and I.B.3(a)
respectively of the general permit.
Active mining limitations and monitoring requirements in the permit apply
to Outfall 001. Post -mining limitations and monitoring requirements do
not apply to this facility at this time.
• •
COLORADO DEPARTMENT OF HEALTH
Water Quality Control Division
4210 East llth Avenue
Denver, Colorado 80220
Page 3 of 3
Permit No. COG -850025
VI. DISCUSSION: (continued)
Since the facility is considered a new source facility under federal
definition, the new source limitations contained in 40 CFR §434.11(j) and
reiterated on pages 4 and 5 of the general permit shall apply to the
facility.
Total dissolved solids monitoring of the discharge shall be performed.
Total phosphorus monitoring shall not be performed. See page 3 of the
general permit for more information.
The Permittee will be required to develop and implement a Storm Water
Management Plan (SWMP). Although some activities may already be in place,
the SWMP will require the Permittee to coordinate best management
practices so the result is a reduction or elimination of pollutants
reaching state water from areas not limited by effluent limitations. The
Permittee will be required to submit the SWMP to the Division for review
within six months from the date certification is issued. For specifics of
the Plan and additional requirements, please reference the Part 1.3.2 of
the general permit.
The permittee will not be required to perform Whole Effluent Toxicity
(WET) testing pursuant to Section 6.9.7(2)(a)(i)(A) of the Regulations for
the State Discharge Permit System 6.1.0 (5 CCR 1002-2) which exempts
facilities certified under the general permit.
VII. SPECIFIC INFORMATION OF CONCERN TO THE PERMITTEE:
The Permittee is encouraged to read the general rationale for an
understanding of how the general permit was developed and to read the
permit itself to see what requirements exist. Effluent limitations and
monitoring requirements are specified in Part I.B, and special
notification requirements for effluent violations are addressed in Part
II.A.3.
Based on the above information, the NCIG Financial, Inc. is certified to
discharge from the Lacy Loadout Facility under the general permit for coal
mining facilities, identified as Permit No. COG -850025. All
correspondence relative to this facility should reference the specific
facility Permit No. COG -850025.
Completed By: Bruce Kent (Science Applications International Corporation)
6/3/92
Reviewed By: Patricia Nelson (Colorado Department of Health)
6/9/92
• •
Permit No. COG -850000
Facility No. COG -850025
CDPS GENERAL PERMIT
FOR COAL MINING FACILITIES (SURFACE RUNOFF ONLY)
AUTHORIZATION TO DISCHARGE UNDER THE
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of :he Colorado Water Quality Control Act
(25 -8 -101 -et seq., CRS, 1973 as amended), facilities engaged in mining and
processing of coal are authorized to discharge surface runoff from approved
locations throughout the State of Colorado to specified waters of the State.
Such discharges shall be in accordance with conditions of this permit.
This permit specifically authorizes NCIG FINANCIAL, Inc.
to discharge from facilities identified. as Lacy Loadout Facility
located in the SW 1/4, NW 1/4, Sec 23, T6S, R94W, west of Rifle Colorado
unnamed drainage ditch, tributary to the Colorado River
to
as of this date:
June 19, 1992
This permit and the authorization to discharge shall expire at midnight,
June 30, 1997.
Signed this 27thday of May, 1992
COLORADO DEPARTMENT OF HEALTH
A74 64‘,-/--Z4d
J. Davi Holm, Director
Water Quality Control Division
CERTIFIED LTA' .2 `/✓
DATA ,lUIE.,
EFT -EC -ME DATE
/
This facility permit contains 24 pages.
• •
PART I
Page 2
Permit No. COG -850000
A. COVERAGE UNDER THIS PERMIT
1. This general permit authorizes discharges that consist entirely of
precipitation -induced surface runoff from coal mining and processing
operations and loadouts, while active mining is taking place or during
reclamation, into waters of the State of Colorado. Exceptions are
those facilities in the Cherry Creek Basin upstream of Cherry Creek
Reservoir and those tributary to Chatfield Reservoir downstream of the
USGS gage at Waterton or in the Plum Creek drainage. No mine
drainage, preparation plant water, spoils spring water, domestic
sewage or other wastewater other than surface runoff may be
discharged. Multiple discharges from one facility may be authorized
through this permit but ALL DISCHARGES FROM A FACILITY COVERED BY THIS
PERMIT MUST CONSIST ENTIRELY OF SURFACE RUNOFF. If a facility has
discharges from one or more of the above excluded sources alone or in
addition to surface runoff discharges, an individual permit is
required.
2. In order to apply for certification under this general permit, the
owner, operator, and/or authorized agent of the subject facility shall
submit by certified mail or hand delivery, the completed Coal Mining
Wastewater Discharge Application (furnished by the Division) which
requires the following information (at a minimum):
a) Name, address and descriptive location of the facility;
b) Name of principal in charge of operations;
c) Name of the water receiving the discharge;
d) Description of the activity including the anticipated duration of
activity and/or discharge, anticipated volume, and rate of
discharge;
e) Description of any waste water containment and/or treatment;
f) A map showing the general geographical location of the facility
and a sketch of the facility showing outfall(s) and receiving
water(s); and
g) An analysis of the water to be discharged.
At least thirty (30) days prior to the anticipated date of discharge,
such information shall be submitted to:
Colorado Department of Health
Water Quality Control Division
Permits and Enforcement Section
4210 East llth Avenue
Denver, Colorado 30220
The Division shall have up to thirty (30) days after receipt of the
above information to request additional data or deny the authorization
to discharge. Upon receipt of additional information the Division
shall have an additional 30 days to issue or deny authorization to
discharge.
PART I
Page 3
Permit No. COG -850000
A. COVERAGE UNDER THIS PERMIT
2. (Continued)
If the applicant does not receive a request for additional information
or a notification of denial from the Division within thirty days,
authorization to discharge in accordance with the conditions of the
permit shall be deemed granted.
If the Division determines that the facility does not fall under the
authority of the general permit, then the information received will be
processed for an individual permit, and discharge will not be allowed
until 180 days after the date the application was received. The
applicant shall be notified of such a determination.
3. Authorization to discharge under this general permit shall expire on
June 30, 1997. The Division must evaluate this general permit once
every five (5) years and must also recertify the applicant's authority
to discharge under the general permit, at such time. Therefore, a
permittee desiring continued coverage under the general permit must
re -apply by January 1, 1997. The Division will determine if the
applicant continues to operate under terms of the general permit.
B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
1. Effluent Limitations
a) Active Mining Outfall(s)
Effluent Parameter Discharge Limitation
Maximum Concentration
30 -day avg. / Daily Max. 2/
Flow, MGD N/A Report
pH, standard units (minimum -maximum) N/A 6.5-9.0
Oil and Grease, mg/1 (No visible sheen) N/A 10
Total Suspended Solids, mg/1 35 70
Total Iron, mg/1 (Existing Sources) 3.5 7.0
Total Iron, mg/1 (New Sources) / 3.0 6.0
Total Dissolved Solids, mg/1 N/A Report
(Colorado River Basin Only)
Total Phosphorus (as P), mg/1 N/A Report
(Dillon Reservoir and Upper Bear Creek* Drainages Only)
* The Upper Bear Creek drainage is defined as Bear Creek and all tributaries
from the source to the Bear Creek Reservoir.
See 'art 1.3./4. for Footnotes
•
PART I
Page 4
Permit No. COG -850000
B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
1. Effluent Limitations (continued)
a) Active Mining Outfall(s) (continued)
ALTERNATE LIMITATIONS
Any discharge or increase in the volume of a discharge caused by
precipitation within any 24-hour period less than or equal to the
10 -year, 24-hour precipitation event (or snowmelt of equivalent
volume) may comply with the following limitations subject to
burden of proof requirements described in Part I.B.1.d).
Effluent Parameter Discharge Limitations
Maximum Concentration
Daily Maximum 12/
Flow, MGD Report
pH, standard units (minimum -maximum) 6.5-9.0
Oil and Grease, mg/1 (No visible sheen) 10 e/
Settleable Solids, ml/1 g/ 0.5
Total Dissolved Solids, mg/1 Report
(Colorado River Basin Only)
Total Phosphorus (as P), mg/1 Report
(Dillon Reservoir and Upper Bear Creek Drainages Only)
Any discharge or increase in the volume of a discharge caused by
precipitation within any 24-hour period greater than the 10 -year,
24-hour precipitation event (or snowmelt of equivalent volume)
may comply with the following limitations subject to burden of
proof requirements describd in Part I.B.1.d).
Flow, MGD - monitoring only per Part I.B.2.a)
pH shall remain between 6.5 and 9.0 s.u.
11/
Oil and grease shall not exceed 10 mg/l. 1 _e/
Total Dissolved Solids, mg/1 - monitoring only per Part I.B.2.a)
(Colorado River Basin Only)
Total Phosphorus (as P), mg/1 - monitoring only per Part I.B.2.a)
(Dillon Reservoir and Upper Bear Creek Drainages Only)
b) Post -Mining Outfall(s)
Post -mining limitations may apply to outfalls serving surface
areas which have been returned to the required contour and on
which revegetation (specifically, seeding or planting) work has
commenced. The permittee may request consideration for change
from active mining limitations to post -mining limitations when
these conditions have been met. Each facility certification
shall state whether active mining or post -mining limitations
apply co each authorized outfall.
See Part 1.3.4. for Footnotes
• •
PART I
Page 5
Permit No. COG -850000
B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
1. Effluent Limitations (continued)
b) Post -Mining Outfall(s) (continued)
Effluent Parameter Discharge Limitation
Maximum Concentration
Daily Maximum b/
Flow, MGD Report
pH, standard units (minimum -maximum) 6.5-9.0
Oil and Grease, mg/i (No visible sheen) 10 e/
Settleable Solids, ml/1 g/ 0.5
Total Dissolved Solids, mg/1 (Colorado River Basin Only) Report
Total Phosphorus (as P), mg/1 Report
(Dillon Reservoir and Upper Bear Creek Drainages Only)
ALTERNATE LIMITATIONS
Any discharge or increase in the volume of a discharge caused by
precipitation within any 24-hour period greater than the 10-vear,
24-hour precipitation event (or snowmelt of equivalent volume)
may comply with the following limitations subject to burden of
proof requirements described in Part I.3.1.d).
Flow, MGD - monitoring only per Part I.B.2.b)
pH shall remain between 6.5 and 9.0 s.u. 12/.
Oil and grease shall not exceed 10 mg/l. k e/
Total Dissolved Solids, mg/1 - monitoring only per Part I.B.2.b)
(Colorado River Basin Only)
Total Phosphorus (as P), mg/1 - monitoring only per Part I.3.2.b)
(Dillon Reservoir and Upper Bear Creek Drainages Only)
c) General Limitations - Active and Post -Mining Outfalls
I. There shall be no discharge of sanitary waste waters from
toilets or related facilities.
2. There shall be no discharge of floating solids or visible foam
in other than trace amounts.
3. No chemicals are co be added to the discharge unless
permission for the use of a specific chemical is granted by
the Division.
4. There shall be no land application of wastewater, other than
for dust control.
See Part 1.3.4. for Footnotes
• •
PART I
Page 6
Permit No. COG -350000
B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
1. Effluent Limitations (continued)
d) Burden of Proof Requirement
The permittee has the burden of proof when requesting relief from
total suspended solids (TSS), total iron and/or settleable solids
limitations. Relief shall be granted only when necessary and shall
not be granted when the permittee has control over the discharge.
The permittee should endeavor to meet the primary limitations
whenever possible.
1) For rainfall. to waive TSS and total iron limitations, it is
necessary to prove that discharge occurred within 48 hours after
measurable precipitation has stopped. In addition, to waive
settleable solids limitations, it is necessary to prove that
discharge occurred within 48 hours after precipitation greater
than the 10 -year, 24-hour event has stopped.
2) For snowmelt, to waive TSS and total iron limitations, it is
necessary to prove that discharge occurred within 48 hours after
pond inflow has stopped. In addition, to waive settleable
solids limitations, it is necessary co prove that discharge
occurred within 48 hours after pond inflow volume greater than
the 10 -year, 24-hour event has stopped.
The Division shall determine the adequacy of proof. As part of
this determination, the Division shall evaluate whether the
permittee could have controlled the discharge in such a manner that
primary limitations could have been met. All manual dewatering
must meet TSS and total iron limitations.
2. Stormwater Management Plan
The permittee shall prepare and submit two copies of a Stormwater
Management Plan (SWMP) to the Water Quality Control Division. The
plan shall be submitted within six months from the dace that
certification under this permit was granted to the facility. An
additional copy of the plan shall be submitted to:
Colorado Department of Natural Resources
Mined Land Reclamation Division Coal Mining Section
423 Centennial Building
1313 Sherman Street
Denver, CO 80203
The Division will review and approve each plan. Upon approval, the
plan shall be incorporated into the permittee's certification by
reference. Failure to implement :he .approved plan as described snail
be a violation of :he permit. The plan shall remain in affect as Long
as the facility is regulated by a CDPS permit.
PART I
Page 7
Permit No. COG -850000
B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
2. Stormwater Management Plan (continued)
In the areas of coal mining facilities directly regulated by effluent
limitations, it is expected that, through actions directed at
achieving compliance with these limitations, the permittee will
effectively control most site stormwacer discharges. However, in
other areas, this may not be the case. Some of the discharges are
outside the coverage of the diversion ditches and sedimentation ponds
required under the facility's Colorado Mined Land Reclamation Division
(CMLRD) permit. Examples of such areas are roads and railroad lines
used for transportation to and from the site, outsiopes of ponds,
inactive loadouts, sites used for storage and maintenance of material
handling equipment and areas granted small area exemptions.
The plan shall describe all areas that have not been previously
permitted, but meet the definition of a stormwater discharge in 40 CFR
122.26, and shall include a map (or maps) denoting the affected
areas. The map(s) shall show the location of the discharge(s) or
drainage areas and indicate the receiving waters. The map(s) shall
label each stormwater outfall with a three digit number beginning with
the next number after the last number assigned to surface runoff
outfalls.
The plan shall describe the controls and/or procedures that
specifically address the goal of minimizing or eliminating the
pollution from these scurces. In some cases, this may entail
construction of physical facilities. In other cases, it may entail
developing new methods of operation or material handling and/or
replacement of materials with those that are less polluting. The
permittee shall make the appropriate determinations and receive the
appropriate approvals from the CMLRD.
Where necessary, the plan shall include a schedule of activities
and/or construction with a reasonable timetable for implementation of
any new operations or construction of new facilities necessary to
achieve the required goals. The timetable shall allow for attainment
of operational level as expediently as possible, but in no case after
June 30, 1995, in conformance with Part 402(p)(4)(A) of the Federal
Clean Water Act. The Division will ensure that no proposed timetable
is excessively lengthy.
Specific Requirements:
a) A cow of the plan shall be kept on-site and shall be readily
available to all personnel involved with compliance with the plan.
b) The plan shall contain a statement of certification, signed by top
management, supporting compliance with the stated goals.
c) Records pertaining to implementation of the plan shall be kept in
a Log and made available on request to Division, CMLRD and EPA
representatives (see ?art
• •
PART I
Page 8
Permit No. COG -850000
B. EFFLUENT LIMITATIONS AND .MONITORING REQUIREMENTS
2. Stormwater Management Plan (continued)
d) The plan shall include a list of personnel directly responsible
for stormwater management. The plan shall describe the procedures
to be followed for personnel to judge compliance with the SWMP.
e) The plan shall provide for proper training of affected employees
in techniques and procedures that will assure achievement of all
stated goals.
f) The permittee shall amend this plan at any time if there is a
change in operation that will or may result in a deterioration in
the quality of pollutants addressed by this plan, or if the plan
is shown to be ineffective in achieving the specified goals. A
copy of the amended plan shall be submitted to the Division and
the CMLRD within 30 days, along with an explanation of the reason
for the amendment. If the Division finds the amended plan to be
inadequate, or if the procedures established are shown to be
ineffective once in place, the permittee shall develop and employ
new procedures.
The permittee shall submit annual reports due on the anniversary
date of the specific facility certification. Each report shall be
signed and certified (see Part 1.0.6.) and shall include a
statement affirming that a thorough inzpection of all affected
operations covered under this plan has occurred at least once per
quarter during the period covered by the report. If the
inspection detects complete conformance with the plan, this shall
be so stated. If the inspection shows the plan to be
inappropriate or ineffective in any area, the annual report shall
address how the permittee has corrected or intends to correct this
deficiency. All annual reports shall become a part of this permit
by reference.
h) Whenever a facility or a portion of a facility enters the
post -mining phase, it is likely that the overall configuration of
the site will change considerably. As the land is reclaimed,
roads, railroad lines and structures will be removed, and
significant reshaping of the surface will occur. Prior to the
time when new vegetation becomes established, the surface areas
will be subject to potentially significant erosion. The permittee
will need to take adequate measures in order to minimize this
erosion. Therefore, at the time of post -mining, the permittee
shall amend the plan to include specific procedures to minimize
erosion and other factors that contribute to the discharge of
total suspended solids and other pollutants from newly reclaimed
areas. A ropy of the amended plan shall be submitted to the
Division and the CMLRD with the amendment request to change from
active to post -mining requirements_
g)
• •
PART I
Page 9
Permit No. COG -850000
B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
2. Stormwater Management Plan (continued)
Specific Requirements: (continued)
h) (continued) If the Division or the CMLRD finds the proposed
changes to be inadequate to achieve the stated goals, or if the
procedures established are shown to be ineffective once in place,
the permittee shall develop and employ new procedures that are
effective.
i) Pre -mining: The permittee shall exercise necessary controls
during construction to minimize erosion. The permittee shall
amend the plan to include specific procedures to minimize erosion
and other factors that contribute to the discharge of total
suspended solids and other pollutants from construction areas. A
copy of the amended plan shall be submitted to the Division and
the CMLRD.
j)
Where practicable, the permittee shall employ waste minimization
and pollution prevention techniques. For more information on
this topic, the permittee may contact the Division.
k} Materials Containment - The plan shall include information and
procedures for the prevention and containment of spills of
materials used, processed or stored at the facility, which if
spilled, would have a reasonable probability of having a visible
or otherwise detrimental impact on waters of the State. 1/ 22
This includes materials, especially those exposed to stormwater,
that may be discharged due to poor handling practices, outdoor
storage and/or improper waste disposal practices. The plan shall
include, but not necessarily be limited to:
i) A history of spills which have occurred in the three (3)
years preceding the effective date of the individual
facility certification. The history shall include a
causation of the spills and a discussion of preventative
measures designed to prevent them from reoccurring;
ii) A description of the reporting system which will be used to
notify responsible facility management, the State Water
Quality Control Division, the Environmental Protection
Agency, downstream water users within 5 miles downstream of
the facility, and local health officials;
iii) A description of preventative facilities (including overall
facility plot) which prevent, contain, or treat spills and
unplanned discharges, including discharges that occur due to
stormwater picking up materials addressed in this section;
_/ _/ - See next page.
PART I
Page 10
Permit No. COG -850000
B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
2. Stormwater Management Plan (continued)
k) Materials Containment (continued)
iv) A list which includes the volumes or quantities of all
materials used, processed, or stored at che facility which
represent a potential spill threat to surface waters. The
location of stored material shall be indicated on the
facility plot submitted for item iii);
v) An implementation schedule for additional facilities which
might be required in item iii), but which are not yet
operational;
vi) A list of available outside contractors, agencies, or other
sources which could be utilized in the event of a spill in
order to clean up its effects. If the facility is capable
of handling spills in-house, this shall be documented in the
plan;
vii) Provision for annual review and updating of the contingency
plan, plus resubmission of the plan to the Division if
conditions and/or procedures at the facility change the
original plan. If no changes are appropriate, the permittee
shall so indicate in the annual report described previously.
The foregoing provisions shall in no way render inapplicable
those requirements imposed by Section 311 of the Water Pollution
Control Act Amendments of 1972, regulations promulgated
thereunder, the Colorado Water Quality Control Act, and
regulations promulgated thereunder. This plan should be prepared
by a professional engineer registered in the State of Colorado.
Nothing herein contained shall be construed as allowing any
discharge to waters of the State other than through the discharge
points specifically authorized in this permit. Nothing herein
contained shall be construed as excusing any liability the
permittee might have, civil or criminal, for any spill.
:f there is no such material present at the site, this shall be indicated
in writing and submitted to the Division for review.
2/ If there is material present but the permittee feels there is not a
reasonable probability of a spill impacting waters of the State, this
shall be documented in writing and submitted to che Division for review.
This documentation shall include; 1) distance to nearest surface waters,
and; 2) a detailed description of any structure which prohibits the
release of material onto the ground or into a conveyance system.
• •
PART I
Page 11
Permit No. COG -850000
B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
3. Monitoring Requirements
In order to obtain an indication of the probable compliance or
noncompliance with the effluent limitations specified in Part I.3.1,
the permittee shall monitor all effluent parameters at the following
frequencies.
a) Active Mining Outfall(s)
Effluent Parameter
Measurement Frequency / Sample Tvoe
Flow, MGD Weekly Instantaneous
or Continuous
pH, s.u. Weekly Grab
Oil and Grease, mg/1 Weekly Visual
fj
Total Suspended Solids, mg/1 Monthly Grab
Total Iron, mg/1 Monthly Grab
Settleable Solids, ml/1 g/ Monthly Grab
Total Dissolved Solids, mg/1 h/* Quarterly Grab
Total Phosphorus (as P), mg/1** Quarterly Grab
b) Post -dining Outfall(s)
Effluent Parameter
Measurement Frequency Sample Type
Flow, MGD Monthly Instantaneous
or Continuous
Settleable Solids, ml/1 g/ Monthly Grab
Oil and Grease, mg/1 Monthly Visual
pH, s.u. Monthly Grab
Total Dissolved Solids, mg/1 f'* Quarterly Grab
Total Phosphorus (as P), mg/1** Quarterly Grab
* Total Dissolved Solids (TDS) monitoring is required only for discharges to
the Colorado River Basin. See specific facility certification rationale
to determine whether TDS monitoring is required.
**
Total phosphorus monitoring is required only for discharges to the Dillon
Reservoir ;drainage area (i.e., Ten Mile Creek, Snake River, Blue River,
and all other tributaries to the Dillon Reservoir) and for discharges to
the Upper Bear Creek drainage area. See specific facility certification
rationale to determine whether phosphorus monitoring is•required.
See Part I.B.4. for footnotes
PART I
Page 12
Permit No. COG -850000
B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
4. Footnotes
The thirty (30) day average shall be determined by the arithmetic
mean of all samples collected during a thirty (30)
consecutive -day period. Samples shall not be used for more than
one reporting period.
t/ - This limitation shall be determined by a single sample or set of
samples as required by Part 1.3.3., Sample Type.
When the measurement frequency indicated is quarterly, the
samples shall be collected during March, June, September and
December, if a continual discharge occurs. If the discharge is
intermittent, then samples shall be collected during the period
that discharge occurs. If the permittee, using the approved
analytical methods, monitors any parameter more frequently than
required by this permit, then the results of such monitoring
shall be included in the calculation and reporting of the values
required in the Discharge Monitoring Report Form or other forms
as required by the Division. Such increased frequency shall also
be indicated.
4/ - Definitions of Sample Type
1. A "grab" sample, for monitoring requirements, is a single
"dip and take" sample.
2. An "instantaneous" measurement, for monitoring requirements,
is a single reading, observation, or measurement performed on
site.
3. A "continuous" measurement, for flow monitoring requirements,
is a measurement obtained from an automatic recording device
which continually measures =low.
4. A "visual" observation, for oil and grease monitoring
requirements, is observing the discharge to check for the
presence of a visible sheen or floating oil.
1/ - In the event an oil sheen or floating oil is observed, a grab
sample shall be collected, analyzed, and reported. In addition,
corrective action shall be taken immediately to mitigate the
discharge of oil and grease.
f/ - Where based on a minimum of 5 samples, the permittee
demonstrates, to the satisfaction of the Water Quality Control
Division, that the level of Total Dissolved Solids (TDS) in the
effluent can be calculated based upon the level of electrical
conductivity, the permittee may measure and report TDS in terms
of electrical conductivity.
FART I
Page 13
Permit No. COG -850000
B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
4. Footnotes (continued)
g/ - Procedure for determining settleable solids is contained in 40
CFR 434.64. The method detection limit for measuring settleable
solids under this part shall be 0.4 ml/1.
- A new source is generally defined as a coal mine (or major
alteration to a coal mine) the construction of which commenced
after May 4, 1984. See 40 CFR 434.11(j) for the complete
definition.
C. REPORTING REQUIREMENTS
1. Reportinz
Monitoring results obtained during the previous 3 months shall be
summarized and reported on Division approved discharge monitoring
report forms, postmarked no later than the 28th day of the month
following the completed calendar quarter. For example, for the 1st
quarter (January, February, and March) the quarterly report must be
received at this office postmarked no later than April 28. If no
discharge occurs during the reporting period, "No Discharge" shall be
reported.
The first original copy of each discharge monitoring report (DMR)
shall be submitted to the Division at the following address:
Colorado Department of Health
Water Quality Control Division
Permits and Enforcement Section
4210 East llth Avenue
Denver, Colorado 80220
The first duplicate signed copy of each report form shall be submitted
to the following agency:
U.S. Environmental Protection Agency
Water Management Division
NPDES Branch SWM -C
999 18th Street, Suite 500
Denver, CO 80202-2466
PART I
Page 14
Permit No. COG -850000
C. REPORTING REQUIREMENTS
3. Analytical and Sampling Methods for Monitorin4
Analytical and sampling methods utilized by the discharger shall and
conform to Colorado Regulations for Effluent Limitations (10.1.5),
40 CFR Part 136.
The analytical method selected for a parameter shall be the one that
can measure the lowest detected limit for that parameter unless the
permit limitation or stream standard for those parameters not limited,
is within the testing range of another approved method.
Calculations for all limitations which require averaging of
measurements shall utilize an arithmetic mean unless otherwise
specified.
4. Records
The permittee shall establish and maintain records. Those records
shall include the following:
a) The date, type, exact location, and time of sampling or
measurements;
b) The individuals) who performed the sampling or measurements;
c) The date(s) the analyses were performed;
d) The individual(s) who performed the analyses;
e) The analytical techniques or methods used;
f) The results of such analyses; and
g) Any other observations which may result in an impact on the
quality or quantity of the discharge as indicated in 40 CFR
122.44 (i)(1)(iii).
The permittee shall retain for a minimum of three (3) years records of
all monitoring information, including all records of analyses
performed, all original strip chart recordings for continuous
monitoring instrumentation, all calibration and maintenance records,
copies of all reports required by this permit and records of all data
used to complete the application for this permit. This period of
retention shall be extended during the course of any unresolved
litigation regarding the discharge of pollutants by the permittee or
when requested by the Division or Regional Administrator of EPA.
5. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated
herein more frequently than required by this permit, using approved
analytical methods as specified above, the results of such monitoring
shall be included in the calculation and reporting of the values
required in the Discharge `Monitoring Report Form (EPA No. 3320-i), or
other forms as required by the Division. Such increased frequency
shall also be indicated.
• •
PART I
Page 15
Permit No. COG -850000
C. REPORTING REQUIREMENTS
6. Signatory Requirements
All reports required for submittal shall be signed and certified for
accuracy by the permittee in accord with the following criteria:
a) In the case of corporations, by a principal executive officer of
at least the level of vice-president or his or her duly
authorized representative, if such representative is responsible
for the overall operation of the facility from which the
discharge described in the form originates;
b) In the case of a partnership, by a general partner;
c) In the case of a sole proprietorship, by the proprietor;
d) In the case of a municipal, state, or other public facility, by
either a principal executive officer, ranking elected official,
or other duly authorized employee.
A. MANAGEMENT REQUIREMENTS
1,
PART II
Change in Discharge
The permittee shall inform the Division (Permits and Enforcement
Section) in writing of any intent to construct, install, or alter any
process, facility, or activity that is likely to result in a new or
altered discharge, and shall furnish the Division such plans and
specifications which the Division deems reasonably necessary to
evaluate the effect on the discharge and receiving stream.
The permittee shall submit this notice within two (2) weeks after
making a determination to perform the type of activity referred to in
the preceding paragraph. Process modifications include, but are not
limited to, the introduction of any new pollutant not previously
identified in the permit, or any other modifications which may result
in a discharge of a quantity or quality different from that which was
evaluated in the drafting of the permit including subsequent
amendments. Following such notice, the permittee shall be required to
submit a new CDPS application and this application may be processed as'
an application for an individual permit if the application shows that
the new discharge is ineligible for coverage under the general
permit. In no case shall the permittee implement such change without
first notifying the Division.
• •
PART II
Page 16
Permit No. COG -850000
A. MANAGEMENT REQUIREMENTS
2. Special Notifications - Definitions
a) Bypass: The intentional diversion of waste streams from any
portion of a treatment facility.
b) Severe Property Damage: Substantial physical damage to property
at the treatment facilities which causes them co become
inoperable, or substantial and permanent loss of natural
resources which can reasonably be expected to occur in the
absence of a bypass. It does not mean economic loss caused by
delays in production.
c) Spill: An unintentional release of solid or liquid material
which may cause pollution of state waters.
d) Upset: An exceptional incident in which there is unintentional
and temporary noncompliance with permit effluent limitations
because of factors beyond the reasonable control of the
permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventative
maintenance, or careless or improper operation.
3. Noncompliance Notificar-ion
a) If, for any reason, the permittee does not comply with or will be
unable to comply with any discharge limitations or standards
specified in this permit, the permittee shall, at a minimum,
provide the Water Quality Control Division and EPA with the
following information at the time Discharge Monitoring Reports
are submitted:
(i) A description of the discharge and cause of noncompliance;
(ii) The period of noncompliance, including exact dates and
times and/or the anticipated time when the discharge will
return to compliance; and
(iii) Steps being taken to reduce, eliminate, and prevent
recurrence of the noncomplying discharge.
• •
PART II
Page 17
Permit No. COG -850000
A. MANAGEMENT REQUIREMENTS
3. Noncompliance Notification (continued)
b) The permittee shall report :he following instances of
noncompliance orally within twenty-four (24) hours from the time
the permittee becomes aware of the noncompliance, and shall mail
to the Division a written report within five (5) days after
becoming aware of the noncompliance:
(i) Any instance of noncompliancewhich may endanger health
or
the environment;
(ii) Any unanticipated bypass;
(iii) Any upset which causes an exceedance of any effluent
limitation in the permit;
(iv) Any spill which causes any effluent limitation to be
violated;
(v) Daily maximum violations for any toxic pollutants or
hazardous substances limited by PART I -A of this permit and
specified as requiring 24 hour notification.
c) The permittee shall report all other instances of non-compliance
not requiring 24-hour notification at the time Discharge
Monitoring Reports are submitted. The reports shall contain the
information listed in sub -paragraph (a) of this section.
4. Submission of Incorrect or Incomplete Information
Immediately upon becoming aware of the failure to submit any relevant
facts in a permit application, or submitted incorrect information in a
permit application or report to the Division, the permittee shall
promptly submit the relevant application information which was not
submitted or any additional information needed to correct any
erroneous information previously submitted.
5. Bypass
The permittee may allow any bypass to occur which does not cause
effluent limitations to be exceeded, but if and only if it _s for
essential maintenance to assure efficient operation.
Bypass is prohibited, and the Division may take enforcement action
against a permittee for bypass, unless:
PART II
Page 18
Permit No.
A. MANAGEMENT REQUIREMENTS
COG -850000
5. Bypass (continued)
a) Bypass was unavoidable to prevent loss of life, personal injury,
or severe property damage;
b) There were no feasible alternatives to the bypass, such as the
use of auxiliary treatment facilities, retention of untreated
wastes, or maintenance during normal periods of equipment
fiowntime. This condition is not satisfied if the permittee could
have installed adequate backup equipment to prevent a bypass
which occurred during normal periods of equipment downtime or
preventative maintenance; and
c) The permittee submitted notices as required in "Bypass
Notification", Part II.A.6.
6. Bypass Notification
If the permittee knows in advance of the need for a bypass, a notice
shall be submitted, at least ten days before the date of the bypass,
to the Division and the Environmental Protection Agency (EPA). The
bypass shall be subject to Division approval and limitations imposed
by the Division and EPA.
7. Upsets
a) Effect of an Upset
An upset constitutes an affirmative defense to an action brought
for noncompliance with permit effluent limitations if the
requirements of paragraph b of this section are met. (No
determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial
review.)
b) Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of,
upset shall demonstrate through properly signed contemporaneous
operating logs, or other relevant evidence that:
(i) An upset occurred and that the permittee can identify the
specific cause(s) of the upset; and
(ii) The permitted facility was at the time being properly
operated; and
• •
PART II
Page 19
Permit No. COG -850000
A. MANAGEMENT REQUIREMENTS
7. Upsets (continued)
(iii) The permittee submitted notice of the upset as required in
Part II.A.3. of this permit (24-hour notice); and
(iv) The permittee complied with any remedial measures required
under Section 122.7(d) of the federal regulations.
c) Burden of Proof
In any enforcement proceeding the permittee seeking to establish
the occurrence of an upset has the burden of proof.
8. Removed Substances
Solids, sludges, or other pollutants removed in the course of
treatment or control of wastewaters shall be properly disposed of in a
manner such as to prevent any pollutant from such materials from
entering waters of the State.
9. Minimization of Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse
impact to waters of the State resulting from noncompliance with any
effluent limitations specified in this permit, including such
accelerated or additional monitoring as necessary to determine the
nature and impact of the noncomplying discharge.
10. Discharge Point
Any discharge to the waters of the State from a point source other
than specifically authorized by this permit is prohibited.
11. Reduction, Loss, or Failure of Treatment Facility
The permittee has the duty to halt or reduce any activity if necessary
to maintain compliance with the effluent limitations of the permit.
Upon reduction, loss, or failure of the treatment facility, the
permittee shall, to the extent necessary to maintain compliance with
its permit, control production, or all discharges, or both until the
facility is restored or an alternative method of treatment is
provided. This provision for example, applies to power failures,
unless an alternative power source sufficient to operate the
wastewater control facilities is provided.
It shall not be a defense for a permittee in an enforcement action
that it would be necessary to halt or reduce the permitted activity
order to maintain compliance with the conditions of this permit.
PART II
Page 20
Permit No.
A. MANAGEMENT REQUIREMENTS
COG -850000
12. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all
facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper operation and
maintenance includes effective performance, adequate funding, adequate
operator staffing and training, and adequate laboratory and process
controls, including appropriate quality assurance procedures. This
provision requires the operation of back-up or auxiliary facilities or
similar systems only when necessary to achieve compliance with the
conditions of the permit.
B. RESPONSIBILITIES
1. Inspections and Right to Entry
The permittee shall allow the Director of the State Water Quality
Control Division, the EPA Regional Administrator, and/or their
authorized representative, upon the presentation of credentials:
a) To enter upon the permittee's premises where a regulated facility
or activity is located or in which any records are required to be
kept under the terms and conditions of this permit;
b) At reasonable times to have access to and copy any records
required to be kept under the terms and conditions of this permit
and to inspect any monitoring equipment or monitoring method
required in the permit; and
c) To enter upon the permittee's premises to investigate, within
reason, any actual, suspected, or potential source of water
pollution, or any violation of the Colorado Water Quality Control
Act. The investigation may include, but is not limited to, the
following: sampling of any discharge and/or process waters, the
taking of photographs, interviewing permittee staff on alleged
violations, and access to any and all facilities or areas within
the permittee's ?remises that may have anv affect on the
discharge, permit, or alleged violation.
d) The Division shall split any sample taken with the permittee if
requested to do so by the permittee.
• •
PART II
Page 21
Permit No. COG -850000
B. RESPONSIBILITIES
2. Duty to Provide Information
The permittee shall furnish to the Division, within a reasonable
time, any information which the Division may request to determine
whether cause exists for revoking and reissuing, or terminating this
permit, or to determine compliance with this permit. The permittee
shall also furnish to the Division, upon request, copies of records
required to be kept by this permit.
3 Transfer of Ownership or Control
A permit may be transferred to a new permittee if:
a) The current permittee notifies the Division in writing 30 days
in advance of the proposed transfer date; and
b) The notice includes a written agreement between the existing
and new permittees containing a specific date for transfer of
permit responsibility, coverage and liability between them; and
cj The current permittee has met all fee requirements of the State
Discharge Permit System Regulations, Section 6.16.0.
4. Availability of Reports
Except for data determined to be confidential under Section 308 of
the Federal Clean Water Act and Regulations for the State Discharge
Permit System 6.6.4 (2), all reports prepared in accordance with the
terms of this permit shall be available for public inspection at the
offices of the State Water Quality Control Division and the
Environmental Protection Agency.
5. Modification, Suspension or Revocation of Permits By the Division
All permit modifications, termination or revocation and reissuance
actions shall be subject to the requirements of the State Discharge
Permit System Regulations, Sections 6.6.2, 6.6.3, 6.3.0 and 6.16.0,
5 C.C.R. 1002-2, except for minor modifications. Minor
modifications may only correct typographical errors, require a
change in the frequency of monitoring or reporting by the permittee,
change an interim date in a schedule of compliance or allow for a
change in ownership or operational control of a facility including
addition, deactivation or relocation of discharge points where the
Division determines that no other change in the permit is necessary.
•
PART II
Page 22
Permit No. COG -850000
B. RESPONSIBILITIES
5. Modification Suspension or Revocation of Permits By the Division
(continued)
a) This permit may be modified, suspended or revoked during its term
for reasons determined by the Division including but not limited
to, the following:
(i) Promulgation of Water Quality Standards applicable to
waters affected by the permitted discharge; or
(ii) Effluent limitations or other requirements applicable
pursuant to the State Act or federal requirements; or
(iii) Promulgation of toxic effluent standards or prohibitions
(including any schedule of compliance specified in such
effluent standard or prohibition) which are established
under Section 307 of the Clean Water Act, where such a
toxic pollutant is present in the discharge and such
standard or prohibition is more stringent than any
limitation for such pollutant in this permit; or
(iv) Control regulations promulgated.
(b) A certification may be modified, suspended, or revoked in whole or
in part during its term for reasons determined by the Division
including but not limited to, the following:
(i) Violation of any terms or conditions of the permit;
(ii) Obtaining a permit by misrepresentation or failing to
disclose any fact which is material to the granting or
denial of a permit or to the establishment of terms or
conditions of the permit; or
(iii) Materially false or inaccurate statements or information in
the application for the permit; or
(iv) Data submitted pursuant to Part I.B indicates a potential
for violation of adopted Water Quality Standards or stream
classifications.
(c) The certification for the individual facility authorizing
discharge under the general permit may be modified to allow for a
change in ownership or operational control of a facility including
addition, deactivation or relocation of discharge points where the
Division determines no change in the general permit is necessary.
PART II
Page 23
Permit No. COG -850000
B. RESPONSIBILITIES
5. Modification, Suspension, or Revocation of Permits By the Division
(Continued)
(d) At the request of the permittee, the Division may modify, or
terminate a certification if the following conditions are met:
(i) In the case of termination, the permittee notifies the
Division of its intent to terminate the certification 90
days prior to the desired date of termination;
(ii) In the case of termination, the permittee has ceased any
and all discharges to state waters and demonstrates to the
Division there is no probability of further uncontrolled
discharge(s) which may affect waters of the State.
(iii) The Regional Administrator has been notified of the
proposed modification or termination and does not object in
writing within thirty (30) days of receipt of notification;
(iv) The Division finds that the permittee has shown reasonable
grounds consistent with the Federal and State statutes and
regulations for such modification, amendment or termination;
Fee requirements of Section 6.16.0 of State Discharge
Permit System Regulations have been melt; and
(v)
(vi) Requirements of public notice have been met.
6. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution
of any legal action or relieve the permittee from any
responsibilities, liabilities, or penalties to which the permittee is
or may be subject to under Section 311 (0i1 and Hazardous Substance
Liability) of the Clean Water Act.
7. State Laws
Nothing in this permit shall be construed to preclude the institution
of anv legal action or relieve the permittee from any
responsibilities, liabilities, or penalties established pursuant to
any applicable State law or regulation under authority granted by
Section 510 of the Clean Water Act.
3. Permit Violations
Failure to comply with any terms and/or conditions of this permit
shall be a -iioiation of :his permit.
• •
PART II
Page 24
Permit No.
B. RESPONSIBILITIES
COG -850000
9. Property Rights
The issuance of this permit does not convey any property or water
rights in either real or personal property, or stream flows, or any
exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of
Federal, State or local laws or regulations.
10. Severabilitv
The provisions of this permit are severable. If any provisions of
this permit, or the application of any provision of this permit to any
circumstance, is held invalid, the application of such provision to
other circumstances and the application of the remainder of this
permit shall not be affected.
11. Renewal Application
If the permittee desires to continue to discharge a permit renewal
application shall be submitted at least one hundred eighty (180) days
before this permit expires. If the permittee anticipates there will
be no discharge after the expiration date of this permit, the Division
should be promptly notified so that it can terminate the permit in
accordance with Part II.B.6.
12. Confidentiality
Any information relating to any secret process, method of manufacture
or production, or sales or marketing data which has been declared
confidential by the permittee, and which may be acquired, ascertained,
or discovered, whether in any sampling investigation, emergency
investigation, or otherwise, shall not be publicly disclosed by any
member, officer, or employee of the Commission or the Division, but
shall be kept confidential. Any person seeking to invoke the
protection of this Subsection (2) shall bear the burden of proving its
applicability. This section shall never be interpreted as preventing
full disclosure of effluent data.
13. F'es
The permittee is required to submit payment of an annual fee as set
forth in the 1983 amendments to the Water Quality Control Act. Section
25-8-502 (1) (b), and State Discharge Permit Regulations 5CCR 1002-2,
Section 6.16.0 as amended. Failure to submit the required fee when
due and payable is a violation of the permit and will result in
enforcement action pursuant to Section 25-3-601 et. seq.., C.R.S. 1973
as amended.
• •
PART II
' Page 25
Permit No. COG -850000
B. RESPONSIBILITIES
14. Requiring an Individual CDPS Permit
The Director may require any owner or operator covered under this
permit to apply for and obtain an individual CDPS permit if:
(a) The discharger is not in compliance with the conditions of this
General Permit; or,
(b) Conditions or standards have changed so that the discharge no
longer qualifies for a General Permit; or,
(c) Data becomes available which indicates water quality standards
may be violated.
The owner or operator must be notified in writing that an application
for an individual CDPS permit is required. When an individual CDPS
permit is issued to an owner or operator otherwise covered ander this
General Permit, the applicability of the General Permit to that owner
or operator is automatically terminated upon the effective date of
the individual CDPS permit.
15. Requesting an Individual CDPS Permit
Any owner or operator covered by this General Permit may request to
be excluded from the coverage by applying for an individual CDPS
permit.
16. Requesting Coverage Under the General Permit
The owner or operator of a facility excluded from coverage by this
General Permit solely because that facility already has an individual
permit may request that the individual permit be revoked and that the
facility be covered by this General Permit. Such request shall be
evaluated by the Division per criterion specified in Part I of this
permit.
•
RENEWAL OF
COAL MINING FACILITIES
(SURFACE RUNOFF ONLY)
GENERAL PERMIT IN COLORADO
RATIONALE
COLORADO DISCHARGE PERMIT NUMBER COG -850000
I. Update
This is the first renewal of the general permit for coal mining facilities
(surface runoff only). The original permit was issued March 8, 1988, and
became effective on April 8, 1988.
This general permit has been of value both to permittees and the
Division. Permittees who qualify are able to secure a permit in a much
shorter time than is required for issuance of an individual permit. The
Division's permit drafting burden is lessened by the ability to issue
certifications to the general permit for qualified facilities.
II. Permit Changes
Stormwater Management Plan - The federal effluent guidelines that govern
discharges from coal mining facilities (40 CFR 434) have not changed since
the original general permit was issued. Part 434 controls most surface
runoff from coal mining facilities through limitations that apply to
discharges from sedimentation ponds. This is consistent with regulations
implemented by the federal Office of Surface Mining (OSM). In Colorado,
the Colorado Mined Land Reclamation Division (CMLRD) assures compliance
with these federal requirements. The Division has determined that
limitations beyond these are not necessary for such areas. However, these
regulations do not address all sources of stormwater from coal mining
facilities. Areas such as roads and railroad lines, pond outslopes,
inactive loadouts, sites used for storage and maintenance of material
handling equipment and areas for which small area exemptions have been
granted are not covered by these regulations.
The federal stormwater regulations, issued November 16, 1990, impact the
subject facilities in some substantial ways. As they apply co coal mining
facilities, the stormwater regulations primarily address areas not covered
by Part 434. Compliance with these regulations may be achieved through
measures of best management practices and pollution prevention. Best
management practices (BMP) means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to
prevent or reduce the pollution of the waters of the State.
• •
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Renewal Permit Rationale - Page 2. Permit No.: COG -850000.
II. Permit Changes (continued)
BMP's also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or
waste disposal, or drainage from raw material, intermediate and finished
product storage. Pollution prevention (incorporating waste minimization)
is an essential part of best management practices. The permittee must
look at all phases of the operation to determine what changes could be
made that would result in a lower consumption and/or disposal of
pollution -generating materials, as well as minimizing exposure of
pollutants to stormwater. Such efforts often result in greater profit to
the permittee and less pollution of the environment.
The mechanism for implementation of stormwater BMP requirements within
this permit shall be the Stormwater Management Plan (SWMP).
The permittee will be required to develop and implement a SWMP plan.
Some activities required under this plan may already be in place.
However, the SWMP plan will require the permittee to coordinate these
activities with any necessary new activities in an orderly manner so that
the result is the reduction or elimination of pollutants reaching state
waters from areas not limited by effluent limitations. An added benefit
may be a reduction of pollution reaching other media, such as the air or
hazardous waste disposal sites. In fact, the permittee is encouraged to
strive for this overall goal. Where the reduction of water pollution
only results in the increased pollution of other media, there is no net
benefit to the environment.
The permittees certified under this permit shall be required to submit a
SWMP to the Division for review within six months from the date the
certification is issued. The requirements of the plan do not specify the
exact pollution control facilities that the permittee must construct.
Instead, the plan allows for creativity on the permittee's part, as long
as the goal is achieved. Each permittee will need to determine what
controls are necessary at the specific site. Then, the permittee will
need to develop a plan for the timely execution of these controls. Where
construction is necessary, the plan shall include a schedule detailing
the milestones involved with such construction. As necessary, elements.
of the plan may require prior approval from the CMLRD.
The plan shall include a statement signed by top management in which they
affirm that.compliance with the plan shall occur. Also, it shall provide
for updates where there is a change in operation that will or may result
in a change in the quality of pollutants addressed by this plan, or if
the plan is shown to be ineffective in achieving the specified goals.
The plan, once submitted, will be incorporated into the permit and its
implementation will be considered a permit requirement. Failure to do so
could result in enforcement action. The plan shall remain in effect as
long as the facility is regulated by a CDPS permit. The permittee will
be expected to certify on a yearly basis that the plan is being
implemented as required.
• •
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Renewal Permit Rationale - Page 3. Permit No.: COG -850000.
II. Permit Changes (continued)
Other changes: The boiler plate language in Part I. Section C., and Part
II. is being revised to reflect the more condensed language currently
used in individual permits. Where changes were necessary to reflect the
differences between general permit requirements and individual permit
requirements, such changes have also been made.
No other significant changes are being made to this general permit.
III. Reporting
There have been occasions where specific permittees have not properly
followed the Noncompliance Notification Requirements specified in Part
II.A.3. of the permit. Where a request for relief from total suspended
solids and total iron and/or settleable solids limitations is desired,
the permittee must also submit the documentation specified under Part
I.B.1.d) - Burden of Proof Requirements. Failure to do so may result in
enforcement action and/or revocation of authorization to discharge under
the general permit.
IV. Whole Effluent Toxicity (WET) Testing
Section G.9.7(2)(a)(i)(A) of the Regulations For the State Discharge
Permit System 6.1.0 (5CCR 1002-2) exempts facilities certified under this
general permit from WET testing requirements.
V. Antidegradation
The discharges certified under this permit are not reviewable waters
pursuant to section 3.1.8(3)(a) of the Basic Standards and Methodologies
for Surface Waters 3.1.0 (5CCR 1002-2).
Jon C. Kubic
January 16, 1992
VI. Public Notice Comments
Verbal Comments were received by EPA Region VIII. Their primary concern
related to the compliance date for construction and/or related
activities. The draft permit stated that this date was three years after
the effective date of the permit. It was the Division's intention to
state that attainment of operational level would occur as soon as
possible, but in no event later than three years after the permit becomes
effective. The final permit will clarify this to indicate that the
Division will permit reasonable timetables for construction with
appropriate completion dates; but, the latest date acceptable for
completion will be June 30, 1995. A long construction schedule will be
approved only if major construction is required. The Division will
ensure that no construction schedule is excessively Long.
1 •
COLORADO DEPARTMENT OF HEALTH, Water Quality Control Division
Renewal Permit Rationale - Page 4. Permit No.: COG -850000.
VI. Public Notice Comments (continued)
The Colorado Mining Association submitted comments. Their primary
concern indirectly applies to this permit. They seek coverage similar to
the Stormwater Management Plan (SWMP) for application to stormwater
discharges from coal mining facilities that, due `o the existence of
discharges other than surface runoff,thiseneralpermit with its SWMP
e covered
under
permits. Their desire was to applyg
provisions co these other facilities. The Division intends to cover
these facilities initially under the General Permit For Stormwater
Discharges From Mining Facilities. As these individual permits come up
for renewal, the stormwater outfalls would be addressed
ithroighng arafaplan
d
similar to the SWMP in this permit. The mining permit
now and the Division anticipates submitting it for public notice in June,
1992.
The Division contacted the Colorado Mined Land Reclamation Division
(CMLRD) to see if they had comments. They stated thatche verbal date
comments made to the Division prior to the official public
were their only concerns. Since these comments were incorporated into
the draft permit, no changes should be necessary to satisfy the CMLRD.
The renewal permit is being issued with the modifications described in
this section. It shall take effect July 1, 1992 - on the expiration of
the previous permit.
Jon C. Kubic
May 26, 1992
NCIG FINANCIAL, INC.
November 6, 1991
GWITOPFili;
lARFIELD COUNTY C'
Mrs. Mildred Alsdorf
County Clerk and Recorder
Garfield County
Garfield County Courthouse
Glenwood Springs, CO 81601
Re: MLRD Mining Permit C-84-065
Coal Ridge No. 1 Mine
Documentation Tr -8 and TR -9
Dear Mrs. Alsdorf:
•
7476 East Arkansas Ave., #104
Denver, CO 80231
Telephone 303/337-3877
Fax 303/337-1989
Enclosed hereto we are submitting certain documents regarding the
captioned subject. These documents should be available for
public inspection.
Once these changes have been approved by MLRD, these documents
should be inserted into Volume I of the Permit which is in your
records.
The documentation enclosed herewith consists of
1 page "List of Exhibits"
0:6- L58 pages of text and exhibits
2 pages of one figure and one table as exhibits
12 maps and figures
Sincerely,
E. Peter Matthies
INIC7114, II
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
•
LIST OF EXHIBITS
4.2-1 Garfield County Right -of -Way Documentation
4.2-2 Professional Engineer Certification of Site Roads
4.3-1.
4.3-2.
4.3-3.
4.3-4
4.3-5
4.3-6
Exhibit 4.4-1.
Exhibit 4.4-2.
Exhibit
Rio Grande Railroad Letter
MSHA Letter regarding Disposal Methods
Norwest Letter regarding Surface Preparation
Facilities
Culvert Restriction Calculations
Water Rights Documentation
Detailed Design of Coarse Refuse Storage Pile
Reclamation Estimate
BLM Access Letter
4.6-1 Exempted Small Area Runoff Volumes
NCIG - Coal Ridge #1
4-v ABC/1145/910830
• •
4.2.3 Operation Description - 5 -Year Permit Period
As an overview of the information contained in this portion of the
permit application, Table 4.2-2 gives the construction schedule,
outlines the stages of development as proposed by NCIG, and shows
the approximate timing of the various phases of our operation.
Table 4.2-2. Estimated Construction Schedule
1st Quarter 1992:
Mobilization of equipment, office trailer, changehouse trailer, supply trailer. Maintenance of
access road, project site benches, portals, and Sediment Pond A. Upgrading of County Road 335
where necessary would be performed during this quarter. Install temporary electrical, water
supply and sewage. Complete rock tunnel development.
2nd Quarter 1992:
Start development of in -seam main entries to the west, installation of surface facilities such as
dewatering plant, sumps, pumping station, raw coal storage. Probably intersect Wheeler coal seam
late this quarter. Install flume in rock tunnel #2.
3rd Quarter 1992:
Complete installation of surface production facilities. Continue main coal entries for panel
development to the west. Production rates will average 3000 to 15,000 tons per month of coal.
Coal to be flumed to surface as preliminary flume test.
4th Quarter 1992:
Commence sublevel development. Hydraulic mining production tests to commence after reaching
crown pillar. Length of hydraulic mining test depends on production rates and coal sales.
Evaluate test for productivity, coal size distribution, monitor performance, water quantity and
pressures for highest productivity.
1st Quarter 1993:
Continue sublevel development west mine and hydraulic mining test. Initiate formal feasibility
study and detail mine design. Develop specification for surface and underground equipment.
2nd Quarter 1993:
Complete formal feasibility study and final mine design. Commence driving main entries into east
mine. Continue to mine hydraulically in west mine.
3rd and 4th Quarter 1993:
Continue west mine production and main entry development east mine.
1st Quarter 1994:
As above.
2nd Quarter 1994:
As above, and production rates increase to 1 million tpy.
3rd and 4th Quarter 1994:
As above
First half 1995 to 1997:
Depending on market conditions, prepare for second 5 -year period of operation, which would
approach 2.5 million tpy. However, the lower production operating mode can be maintained
indefinitely until market conditions justify expansion.
NCIG - Coal Ridge #1
4-9 ABC/1145/910830
• •
4.2.4 Roads
4.2.4.1 Access Road
The access/temporary haul road has been redesigned to accommodate
the new surface facilities location. The road alignment and the
haul portions are identified in Figure 4.2-3, and a profile is
shown in Figure 4.2-4. Professional Engineer's certification for
the stability of the haul road below Sediment Pond A and a
discussion of the road fill and cuts are provided in Exhibit 4.2-2.
The access/temporary haul road is now 3,100 feet long and 30 feet
wide. Average grade is now 4.1 percent (compared to 4.6 percent
previously); maximum grade is still 8 percent.
Culverts are installed under the access road to provide cross
drainage of the 10 -year, 24-hour peak flows in the ephemeral water-
ways tributary to the Colorado River (Refer to Section 4.3.4.2 for
further discussion of culverts). The culverts are corrugated metal
pipe (CMP) and are sized assuming headwater to depth ratios of 1.0.
Location of the culverts are shown on Figure 4.2-3. Culvert sizes
and pertinent information are listed in the table.
Table 4.2-3. Culvert Specifications - Surface Facilities Area
10-Yr,24-hr As Built
Culvert Flow (cfs) @ Dia. (in)
Max Cap(cfs)
@ H/D=1
Cl 12 Existing County Road Culvert --
C2 9 24 11
C3 18 30 20
C4 9 24 11
C5 39 42 45
C6 2 15 4
C7 1 24 11
4.2.4.2 County Road 335
On October 16, 1990, the Garfield County Commissioners passed
Resolution 90-083, in which one of the conditions specifies certain
improvements to be made to County Road 335, which connects the mine
site and the Riverbend Subdivision to Interstate 70 to the west.
The resolution states:
"The applicant shall rebuild County Road 335 by the addition of a
NCIG - Coal Ridge #1
4-10 ABC/1145/910830
• •
for further dewatering. The water will be recovered for_return to
the hydraulic mining circuit and the solids recovered and added to
the coal product stockpile.
4.3.3.4.3 Slurry Tank
A tank (slurry tank or basin) will be used to hold raw coal (mine
run), and water. The base will be prepared with a layer of clay or
other synthetic membrane. Concrete will be poured over the base as
footings for a steel tank or a full concrete basin constructed
below grade. The tank can be washed down to sumps or the solids
can be removed physically by loader. Any solid material removed
from the basin, will be_ sent to the preparation plant for
processing. Refer to Section 4.3.4.3 for a detailed discussion of
size and capacities of the slurry tank.
4.3.3.4.4 Coal Storage
The coal storage pile will be constructed on a sub -base of clay,
compacted to reduce overall permeability. A layer of sand or
gravel will be placed on top of the clay for protection during
loading and unloading. A curb, using the same materials as the pad
will be constructed on the perimeter of the pad to maintain control
of any fluids which may accumulate at the base of the coal pile.
Water which does accumulate in this area will be pumped back to the
preparation plant. With virtually no hydraulic pressure on the
liner, the clay liner should prevent significant impacts to the
environment.
4.3.3.4.5 Coarse Refuse (Temporary Storage)
The temporary coarse refuse storage area will only be used during
mine development and when production of waste rock temporarily
exceeds the ability to feed back into the product stream. Since
the processing plant is designed as a closed loop, the only rock
NCIG - Coal Ridge #1
4-35 ABC/1145/910801
• •
material that is likely to be added to the temporary waste pile
will be unexpected events within the mine and/or driving cross -cuts
through rock. Because of NCIG's commitment to increase the asi
content of the coal, any produced waste rock can be fed back into
the product stream. Therefore, the temporary storage area will
gain and lose rock material during operation.
The temporary storage area will consist of a curbed "V" -sloped, low
permeability pad which will direct any drainage towards a sump
(detailed designs are provided in Exhibit 4.3-6). Any water
collected in the sump will be returned to the slurry circuit for
reuse. The proposed temporary storage area has diversion ditches
on all sides to both prevent surface water from contacting the pile
and to direct any runoff from the pile to sediment PondsA. The
ditch south (upgradient) of the proposed storage pile location,
with modification, would divert the 100 -year, 24-hour storm event
away from the proposed pile.
The 100 -year discharge just above the temporary mining refuse area
is calculated to be 60 cfs. This discharge is based upon the
following conservative assumption: all undisturbed runoff east of
Portal #1 along with all eastern surface facility area runoff
concentrates at the refuse storage area (i.e., all drainage ditches
above the storage area fail). The existing drainage ditch above
the temporary mining refuse storage area is triangular in cross
section, has 2:1 side slopes and has -a gradient. of 5.9%. The 100 -
year discharge of 60 cfs can be conveyed in this ditch at a depth
of 1.9 feet. NCIG, however, will commit to insuring that the
minimum ditch depth in this vicinity is 3 feet (allows 0.6 feet of
ditch freeboard).
The pile, will not exceed 15,000 cubic yards (a NCIG commitment),
and will be placed in lifts and compacted in order to maintain
stability of the pile. The temporary storage will be inspected
quarterly during its operation by a qualified engineer.
NCIG - Coal Ridge #1
4-36 ABC/1145/910801
•
the light industrial development that may occur on-site. These
costs are presented in 1983 dollars.
Given the relatively depressed economic conditions on the western
slope, NCIG does not consider that significant changes in labor
charges have occurred since 1983. Assuming slight changes (up and
down) in reclamation costs, such as slight inflation since 1983,
reduced costs due to mine plan changes and scale -down, and proven
success of post -construction reclamation, NCIG does not anticipate
significant changes in the total reclamation cost in 1990, as
presented in Table 4.4-4. For comparison, a bid has been received
by NCIG from a local construction company. The bid states that
final reclamation can be performed for a maximum of $200,000
(Exhibit 4.4-1), including profit, mobilization, insurance, and
bond.
Table 4.4-4. Final Reclamation Costs - 5 Year Permit Period
Closure of adits, portals, and vent shafts
Removal of project facilities
Stowing refuse in mine *
Regrading
Ditch and Sediment Pond Regrading
Topsoil Distribution
Revegetation Costs
Operating Costs
TOTAL COSTS
Current
$ 8,000
95,500
71,000
2,200
46,000
36,500
17,000
$276,200
* In -mine disposal of refuse may be operational before the end of the
5 year permit period, and therefore, all temporary above ground
refuse will have been slurried into mine voids prior to final
reclamation.
The closure of adits, portals, and vent shafts will be done as
specified in section 4.4.3.1 .of this application. Costs for
accomplishing this are $8000.
NCIG - Coal Ridge #1
4-67 ABC/1145/910830
• •
The removal of project facilities includes several components.
Those items to be removed include:
o Processing Building, 100' x 50' x 35',
o Auxillary Facilities Building, 80' x 50' x 10',
o two 10 -ft diameter water tanks,
o approximately 5000 feet of transmission line, and
o approximately 2000 feet of slurry pipeline.
o approximately 2000 feet of 2 -inch waterline
The processing building will be of steel construction and total
approximately 175,000 cubic feet of space. At a demolition cost of
$.18 per cubic foot for labor and equipment (Means, 1983) their
removal would cost approximately $ 31,500. The footings would be
nearly one foot thick and two foot wide with average reinforcement
and would include 300 linear feet. At a demolition cost of $9.62
per linear foot (Means, 1983) this would total $ 2886. The
concrete slab under this building would amount to 5,000 square
feet. With a thickness of 6 inches and being moderately rein-
forced, the removal cost would be $3.40 per square foot (Means,
1983) or a total of $ 17,000. The approximate 200 cubic yards of
concrete would be disposed of on-site at a cost of $4.63 per cubic
yard (Means, 1983) for a total of $926.
The Auxillary Facilities building will be of steel construction and
total approximately 32,000 cubic feet of space. At a demolition
cost of $.18 per cubic foot for labor and equipment (Means, 1983)
their removal would cost approximately $ 5,760. The footings would
be nearly one foot thick and two foot wide with average reinforce-
ment and would include 260 linear feet. At a demolition cost of
$9.62 per linear foot (Means, 1983) this would total $ 2,500. The
concrete slab under this building would amount to 4,000 square
feet. With a thickness of 6 inches and being moderately rein-
forced, the removal cost would be $3.40 per square foot (Means,
1983) or a total of $ 13,600. The approximate 200 cubic yards of
concrete would be disposed of on-site at a cost of $4.63 per cubic
NCIG - Coal Ridge #1
4-68 ABC/1145/910830
• •
yard (Means, 1983) for a total of $926.
At the slurry holding tank, the concrete pad will be buried in
place and the steel tank removed, while the shop and office
trailers will be pulled from the site. The trailers will be leased
and as is customary in a lease of this type, the owner will be
responsible for the removal of the trailers at the termination of
the agreement. The 2000 feet of pipeline would be removed at an
average cost of $4.82 per linear foot (Means, 1983), for $9,640.
The water line can be removed for approximately $5800. The removal
of the small transmission line would run approximately $1.00 per
linear foot (Means, 1983) totaling $5,000. Considering all of
these factors, the total cost anticipated for removing site
facilities is $95,538.
During operation of the first 5 years, and temporarily stored coal
refuse will have been slurried to the disposal area within the
mined voids. Therefore, at the end of the 5 -year period or at the
end of operation, there will be no remaining coal refuse stored on
the surface and no removal required.
After the facilities are removed, the land will be regraded to the
approximate original contour. This will involve approximately
90,000 cubic yards and will be accomplished using equipment similar
to a Caterpillar 988B loader and a D8K dozer with a U -blade. Based
on accepted industry standard efficiencies, this results in a
productivity of 221.67 cubic yards per hour for the 988B loader and
1640 cubic yards per hour for the D8K dozer. With the 90,000 cubic
yards that must be moved, approximately 411 hours would be
necessary for the 988B loader and 56 hours for the D8K. The
current rental rates for the 988B loader and the D8K dozer are
$139.55 and $119.05 respectively (Colorado Division of Highways,
1984) . Utilizing these rates and $18 per hour for an operator, the
regrading costs are anticipated to be $72,428.
NCIG - Coal Ridge ##1
4-69 ABC/1145/910830
• •
Because the material that will have been excavated to construct
drainage ditches A and C and sediment pond A will be used in the
berms around these features, regrading will be accomplished using
the D8K dozer only since no haul distance is required. The mater-
ial to be replaced will include approximately 14,300 cubic yards
for channel A, 667 cubic yards for Channel C, and 10,785 cubic
yards for sediment pond A. Using the previously calculated pro-
ductivity for the D8K dozer of 1640 cubic yards per hour, an
additional 16 hours of time is necessary for the D8K. With the
rental rate of $119.05/hour and operator cost of $18 per hour, this
would result in an additional cost of $2193.
Following regrading, the topsoil that had been stockpiled will be
redistributed using the same equipment previously discussed (988B
and D8K). Approximately, 63,000 cubic yards of topsoil will be
moved. Using the same equipment productivities, approximately 225
hours for the 988B and 29 hours for the D8K will be required. At
the 1984 hourly rates for equipment and operators, the costs
anticipated for topsoil redistribution in the disturbance area are
$46,000.
After the topsoil is replaced, the entire area will be revegetated.
Revegetation components will include seedbed preparation at
approximately $40 per acre; seed costs at nearly $70 per acre;
seeding at $45 per acre; mulching at $525 per acre; and fertiliza-
tion at $100 per acre. Total revegetation costs, therefore,
anticipated for the 46.7 acres are $36,426.
The operating costs for the equipment to be used to reclaim the
site are not included in the rental rates exhibited for the various
equipment types. The revegetation costs do include operations
expenses. For the proposed regrading and topsoil redistribution
operations, the anticipated operating costs were calculated using
the formula: 1.5/25 x H.P. x 0.83 x 1.33 = operating cost/hr
**Colorado Division of Highways 1984 Construction Equipment
NCIG - Coal Ridge #1
4-70 ABC/1145/910830
• •
not have an operational spillway since excess runoff is recycled
into the hydraulic mining processes. Accumulated sediment will be
removed when 60 percent of the volume accumulates to ensure that
the pond provides adequate storage at all times.
As discussed in Section 4.3.3.3 (Operation Plan --Permit Area), the
water system is essentially closed. All process water and inter-
cepted ground water is treated and recycled for use in the hy-
draulic mine. There are no planned discharges of this water,
accidental spills or overflows will be collected in Sediment Pond
A. Domestic waste water will be treated to meet applicable regu-
lations prior to discharge.
Several very small disturbed areas exist outside of the drainage
and sediment collection system. These include the powder magazine
(0.1 acre) , west topsoil stockpile (1 acre) , two topsoil stockpiles
at the north end of the site (total 1.05 acres) , the pump house
(.002 acres), waterline (apprx. 1/3 acre), and the escape and
ventilation sites (total less than .001 acres). Due to the
gradient of the site, flow and sediment from these areas can not be
routed by gravity to Pond A. However, all of these sites will be
reclaimed and/or stabilized during the post -construction reclama-
tion period (soon after construction), except the waterline
corridor (25 feet wide). The placement of the waterline has not
disturbed the natural vegetation and soil which means that there
will be no change in the rate of runoff andsediment production
from this corridor. Therefore, this area should be exempt from any
additional sediment control measures. The rate of runoff and
sediment production of the other areas will be low and comparable
to that of undisturbed areas. The runoff volume from each of these
sites during the 10 -year, 24-hour event is provided in Exhibit 4.6-
1. The small amount of runoff from these miscellaneous areas can
be controlled by low berms on the down gradient sides of each
feature, which NCIG commits to maintaining at the design
capacities. The design capacities are provided in Exhibit 4.6-1.
NCIG - Coal Ridge #1
4-79 ABC/1145/910830
• •
However, the waterline will not be bermed since the area is
undisturbed, and NCIG commits to maintaining the undisturbed
condition of this pipeline corridor with respect to this specific
waterline. A third topsoil stockpile exists east of 'Pond A, -which
is presently sufficiently bermed to retain any runoff. However, if
deemed feasible and appropriate, NCIG will modify or add ditches to
convey runoff from this _feature to Pond A, since it is located
slightly upgradient from the pond.
Operation of the water system will have no impact on the Colorado
Hydrologic system (or alluvial valley floor) since it represents an
extremely small diversion relative to the daily flow of the
Colorado River. For example, the mean daily flow rate of the
Colorado is approximately 3500 CFS near New Castle and the
effective average daily flow rate of the diversion (based on 55 gpm
for 10 hours) is .05 CFS. Also, since there will be no surface
facilities at the point of diversion, no impacts to the shoreline
area are likely.
4.6.3.1.2 Reclamation
Reclamation will commence after cessation of operations. All of
the surface processing facilities will be removed and permanent
vegetation established. Channel A and sediment Pond A will remain
in place until the vegetation is established. After which time,
Channel A and Pond A will be removed and reclaimed.
4.6.3.1.3 Flow Regimes
The Coal Ridge #1 Mine will disturb .073 square miles of land. All
of this disturbance is in the Colorado River drainage basin.
Runoff from this area would contribute very little flow to the
Colorado River. The Colorado River has a drainage area of 6013
square miles at Glenwood Springs, and removing .073 square miles
would be insignificant.
NCIG - Coal Ridge #1
4-80 ABC/1145/910830
MCEPS
JUN 1 81991
June 17, 1991
WA ER
WASTE
& LAND
INC.
Adrian Brown Consultants, Inc.
155 South Madison Street, Suite 302
Denver, Colorado 80209
4iir4 3 -
2629 Redwing Rd. Suite 200, Fort Collins, Colorado 80526
(303) 226-3535
fax (303) 226-6475
WWL #063
Attention: Mike Galloway, Hydrogeologist
Subject: New Castle Energy Corporation, Temporary Mining Refuse Storage Area
Dear Mike,
As you requested on June 10, this letter summarizes WWL's design of the mine
refuse storage facility for New Castle Energy Corporation's Coal Ridge No. 1 Mine
in Garfield County, Colorado. This design has been prepared to meet the
requirements of Permit Stipulation No. 20. A figure illustrating this design
is attached with this letter.
SUMMARY OF AVAILABLE INFORMATION
This design is based on permit conditions and site information in the revised
permit application to the Colorado Mined Land Reclamation Division. The revised
permit application cover letter was dated March 9, 1990, with sections dated
August 6, 1990 and May 9, 1991.
As documented in the revised permit application, waste rock from the underground
mining operations will be disposed of back in the mine at the close of
operations. A minor amount of the waste rock will be blended into the coal
product stream to maintain desired levels of ash content. During mine operation,
the waste rock (or refuse) will be temporarily stored on the surface. This
temporary facility is referred to in the permit documentation as the mining
refuse storage facility.
Design criteria for the refuse storage facility are summarized below (from the
permit documentation).
a. Maximum capacity for 15,000 cubic yards of refuse, consisting of broken
and pulverized sandstone and shale. This material is anticipated to be
free draining.
Consulting Engineers and Scientists
, Mr. Mike Galloway,
. • June 17, 1991
Page 2
b. Storage in an area north of Portal No. 2 and the coal storage pile. The
ground surface in this area originally sloped downward to the north at
approximately 15 percent, but has since been regraded into terraces. The
terraced area available for the refuse storage facility is approximately
2.3 acres (670 feet x 150 feet).
c. Facility consisting of a curbed, "V" -sloped, low -permeability pad which
will direct any drainage toward a sump. The facility will also have
diversion ditches on all sides.
d. Refuse will be conveyed to the facility by a stacker tube (from the air
quality emission permit). Refuse will be spread in lifts, compacted, and
shaped with side slopes of 2:1 or less (from the operation and reclamation
plans). Erosion control materials will be sprayed on the stored refuse
as necessary.
STORAGE FACILITY DESIGN
Using all of the available storage area (2.3 acres), the 15,000 cubic yards of
refuse would be approximately 4 feet deep. Spreading and compacting the refuse
into a thicker pile (8 to 12 feet deep) would result in a 1 -acre storage area
(150 feet x 300 feet).
The space required for the facility would include an area for the conveyer
discharge and space for a dozer or other equipment to push the refuse from the
conveyed pile into the actual refuse pile. The facility will also need to
accommodate removal of refuse. In order to provide sufficient space for
placement, removal, and storage of the refuse, an area of approximately 1.7 acres
(150 feet x 500 feet) is shown in Figure 1.
Based on soil descriptions in the area, it is anticipated that local clayey soils
can be used to construct the low -permeability base of the facility. These soils
(of suitable plasticity characteristics and fines content) would be placed in
lifts and compacted to typical liner specifications (such as 95 percent of
standard Proctor density and at optimum moisture content).
The base will be sloped toward the collection sump in a "V" -shaped manner. The
slope toward the center of the facility is one percent, and the slope of the
center of the facility toward the sump is one-half percent (shown in Figure 1).
A slotted PVC pipe should be placed above the base (beneath the gravel) along
the center of the facility and empty into the collection sump.
Mr. Mike Galloway •
. -June 17, 1991
Page 3
•
In order to accommodate equipment traffic for placement and removal of the
refuse, the low -permeability layer should be covered with a layer of gravel.
A two -foot thick layer is shown in Figure 1. Refuse could be used for this
gravel layer, if it is relatively clean and durable.
The facility layout shows a perimeter berm, using the same low -permeability
materials as the base. This will isolate waters collected inside the facility
from areas outside of the facility.
The facility design described above has been prepared to a level of detail for
Permit Stipulation No. 20. Additional detail for construction of the facility
may be added based on actual grades of the terraced site area and the
availability low -permeability soils and gravel.
If you have questions concerning the information in this letter, please call me.
Yours sincerely,
WATER, WASTE & LAND, INC.
f141,11111/A
Clint Strachan, P.E.
Manager, Geotechnical/Mining Division
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• .
NCIG FINANCIAL, INC.
September 3, 1991
Mined Land Reclamation Division
1313 Sherman Street, Room 215
Denver, CO 80203
Attention: William B. Crick
Reclamation Specialist
Re: Coal Ridge No. 1 Mine
Permit No. C-84-065
Dear Mr. Crick:
7.176 East Arkansas Avc.. of I*14
th•nvcr, CO 80231
Tcicphone 303/337-3877
Fax 303/337-1989
In reference to the captioned subject, please note the following:
RIGHT OF ENTRY AND OPERATION:
Corrections have been made on the maps and Rippy Coal Lease and
corrected figures are included herewith or have previously been
submitted. Please note that Mr. Rippy does own the surface
rights to the NE/4 NW/4 Section 12.
The following updated figures are included herewith:
Fig. 3.1-2 Existing Land Use
3.1-3 Previous Mines/Possible Areas of Surface
Disturbanc
3.1-4 Existing Zoning Map
3.3-4 Structure Contour Map Wheeler Coal Seam
Footwall
3.3-5 Ground & Surface Water Rights in the Permit
Area Vicinity
3.3-6 Baseline Ground and Surface Water Monitoring
System
3.5-1 Soils Map
3.6-1 Vegetation Map
4.3-3 Vent and Escapeway Locations
5.1-1 Reconnaissance AVF Map
OPERATIONS DESCRIPTIONS
Table 4.2-2 has been updated and a replacement page is included
herewith.
MUG
Regarding life -of -mine information, please note that the present
permit area is also the anticipated life -of -mine premit area.
Since the coal seams are steeply dipping at an average of 53
•degrees, future mining operations will be downward and not as
common in conventional mines outward. Therefore, the present
permit outline for the properties under lease or owned by the
company will not change.
MINE FACILITIES
Figure 4.2-3 has been, as suggested by you in your letter dated
June 7, 1991, enlarged by 200% and is contained in a pocket in-
cluded herewith.
Those portions of the onsite road system, which will serve as
haulroads for the coal trucks have been so designated on the up-
dated and enlarged map.
The certification of a professional engineer as to the stability
of that portion of the road which is not located within the sedi-
ment control area is included herewith as Exhibit 4.2-2. The
professional engineer's statement also includes information on
road fill and cut slopes.
PONDS, IMPOUNDMENTS AND DIVERSION
W&EST, Inc. has recommended certain modifications for the
"rundown chute" from the concrete splitter box just above Pond A.
Applicant will perform those modifications by adding additional
riprap as recommended. As W&EST, Inc. points out in their
recommendation, the problem is a maintenance problem and not
something, even if the splitter box was undermined and failed,
that jeopardizes the functioning of Pond A. Runoff would con-
tinue to flow into Pond A even witht the splitter box.
Alternative sediment control (small•. .:a exemptions) is discussed
in the new Exhibit 4.6-1, included herewith.
TOPSOIL
Earthen material which is stockpiled just north and west of por-
tal pad No. 1 has been inspected. This is not topsoil as
evidenced by the very large boulders included in the material.
V
The material apparently has been placed there during past mining
operations and not by applicant during the development, which
commenced in 1985. The presence of large sagebrush growth indi-
cates that this pile preceeds any work by the applicant.
MISCELLANEOUS
A sign painter has been engaged to change the sign at the mine
site entrance. New topsoil stockpiles markers also have been or-
dered and will be inr,talle.d as soon they will be received.
Information regarding the prcposed (!nuerground disposal of mining
waste is being prepared for submittal to MSHA's Washington, D.C.
office. Accoraig to new rormation received from MSHT, such
matters will be handled by -,at office.
Company's counsel has been instructed to file the appropriate
documents with the Water Court District 5 for the transfer of the
diversion point.
GENERAL
Appropriate replacement pages, where applicable, are included
herewith. All replacement pages, figures and exhibits have also
been furnished to the offices where the application is available
for public review.
Sincerely,
E. Peter Matthies
bcc: Rushton. 0. Backer
Michael Galloway
David R. Sturges, Esq.
•
GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
109 8th Street, Suite 300
Glenwood Springs, Colorado 81601-3303
Telephone (303) 945-9150
Fax No. (303) 945-2379
October 1, 1991
Mr. Greg McKennis
Garfield Citizens' Alliance
Box 111
Silt, CO 81652
Dear Mr. McKennis:
The Board of County Commissioners has asked that I respond in
writing to your requests for information concerning the procedure
to be followed in the processing of the NCIG supplemental special
use permit application and for a meeting with the Board of
Commissioners and yourself and other representatives to discuss
resolution of pending matters in litigation.
In regard to procedural issues, I have generated a memorandum of
August 30, 1991, a copy of which I believe has been subjected to
your review. That memorandum sets forth in general terms the
provisions of the Garfield County Zoning Resolution that will guide
the procedure and the processing of this application. As I stated
in that memorandum, as well as the public meeting of the Board on
September 23, 1991, this application will be processed as if it
were an original application. While Resolution No. 90-083 does not
appear to be void by its own terms, that circumstance occurs only
because of the technical language of that resolution. In practical
terms, the applicant has never demonstrated compliance with all of
the conditions of that resolution. Secondly, while we have no
specific procedure detailing the manner in which amendments to
special use permits or authorizing resolutions may be processed,
a brief review of the historical record of this County indicates
numerous occasions on which such amendments have occurred, both to
special use permits and to authorizing resolutions. Inmost cases,
certainly on most recent occasions, those amendments have occurred
under procedures designed to address original applications. Both
the process of amendment and the procedure under which they are
considered have been reviewed and approved by at least four county
attorneys.
In substantive terms, the foregoing means that NCIG Financial, Inc.
will need to present evidence on every issue required to be
addressed in an original permit application. While they may
accomplish this requirement through reference to the previous
record, which is now a matter of public record, all original issues
are open to full discussion by all members of the public.
Additionally, the applicant must meet the same levels of proof
required on each issue as if it were an original application. I
• •
MR. GREG McKENNIS
OCTOBER 1, 1991
PAGE 2
believe all of the foregoing is consistent with the advice I
provided the Board at the public hearing of May 28, 1991. (See
copies of Pages 2 - 7 of the transcript of the hearing on that
date.)
In regard to the hearing itself, the procedure to be followed
at that hearing is ultimately for the decision of the entire Board
of County Commissioners. During the course of that hearing, all
interested members of the public should be accorded an opportunity
to present evidence and to be heard concerning the issues of the
supplemental application. In order to provide that opportunity,
there must be some management of the procedure and time frames
under which the hearing occurs.To meet the foregoing standard,
it is my recommendation that the Board generally follow the same
procedure that was utilized during the hearing on the first
application, as those hearings occurred in September and October
of 1990. If the Board follows this recommendation, the following
should occur:
1. All documents tendered to the Board of County
Commissioners, either individually or by a group, prior to the
commencement of the hearing, should be admitted into evidence.
2. All witnesses at the hearing (citizens who wish to speak)
should be placed under oath before testifying.
3. All persons making statements to the Board at the public
hearing should be permitted to render those statements without
restriction as to length, so long as the statements are not
repetitive, irrelevant or inflammatory.
4. During the course of their original statement, (or direct
testimony), questioning by that witness' own attorney should be
permitted, so long as the questioning is not inflammatory,
repetitive or irrelevant. That questioning should be permitted
directly to the witness.
5. Cross-examination of each witness should be permitted by
all interested citizens. However, in order to make such cross-
examination practical and available to all citizens, it should be
limited to non -repetitive, non-inflammatory relevant areas. With
more than a hundred people expected to participate in this public
hearing, it simply is not practical to permit cross-examination of
one witness by one hundred people. Therefore, it would seem
appropriate to follow the procedure permitted during the first
hearing, cross-examination through the Chair.
6. In terms of evidentiary matters, most questions in this
area cannot be addressed until the specific evidence is before the
Board. In regard to both hearsay and relevance objections, I will
• •
MR. GREG McKENNIS
OCTOBER 1, 1991
PAGE 3
probably recommend to the Board that those objections go to the
weight of the evidence, rather than its admissibility.
Additionally, I would anticipate recommending that all evidence be
accepted over relevance objections, unless it is not germane to the
issues before the Board or is otherwise inflammatory or
impertinent. In a similar manner, I would anticipate application
of the rules of evidence on a broad basis particularly regarding
hearsay objections. Unless it can be demonstrated that a specific
statement or document is unreliable, I will probably not recommend
its rejection on a hearsay basis. All interested persons should
present all evidence they wish to have heard by the Board without
anticipation as to the ruling the Board will make concerning that
evidence. This application will be treated as an original
application, therefore previous rulings on evidence will not be
binding on the Board at this hearing.
7. The order of presentation for the upcoming hearing of
October 7, 1991 will be similar, if not identical to that followed
in past special use permit applications. The staff will proceed
with its presentation and request admission of all supporting
exhibits. That presentation will be followed by statements and
evidence from the applicant, together with any additional exhibits.
Following that presentation, all interested persons may speak and
present evidence. Within limitations of time, relevance and
repetitive statements, the Board may permit brief rebuttal.
The foregoing recitation of procedures to be followed on the NCIG
Financial, Inc. supplemental application is not meant to be an
exhaustive description of all of the procedural issues that may
arise during the course of that hearing. It is intended to be a
general recitation of the recommendations I anticipate making to
the Board, all of which may undergo some alteration to meet the
circumstances presented during this hearing. Additionally, I must
emphasize that all of the foregoing is subject to approval by the
Board of County Commissioners and their concurrence in this
procedure.
In regard to the second issue, the Board of County Commissioners
have now resolved pending litigation, properly, through their
respective counsel. They believe all issues surrounding that
litigation are now moot and no further discussion of those issues
is necessary.
MR. GREG McKENNIS
OCTOBER 1, 1991
PAGE 4
• •
If the foregoing does not sufficiently address the issues you wish
discussed, I trust that you will inform me of that shortcoming if
you feel necessary.
Si•cerel
DON K. DEFORD
Garfield County Attorney
DKD:mls
Enclosure
cc: Board of County Commissioners
Mark Bean, Planning Director
David Sturges, Esquire
Mrs. Diane Boat
1 and your permit aPoval and we feel and I fe•that there are a number
2 of issues that appear to be significant alterations that should be
3 potentially question marks as far as procedures that are to be followed
4 here. Among the issues are: are the bonds adequate; are adjacent
5 landowners sufficiently protected in the new proposed time frames
6 regarding both proposed construction activity, proposed mining
7 activity; during the intervening 3-year time period now proposed, are
8 the adjacent properties sufficiently advised and on notice as to the
9 proposed mining activity that could occur; are there geographic,
10 environmental or land use concerns that could be subject to change
11 during the 3-year time period that would not have been subject to
12 change in 180-day time period;, are the other impacts yet unconsidered
13 that would be affected by significant time alterations, construction
14 schedules now being proposed; is there evidence to support the
15 requested time change that is new and has not been addressed by either
16 the Board or the adjacent property owners for which additional time
17 periods must be allowed. These are some of the issues that we feel are
18 questions that have come up as a result of this request and I'd also
19 like to note - I think these are fairly significant - that 1, Garfield
20 County has no procedure for amending a Special Use. There is no
21 process specifically for that other thanthe procedure for issuing a
22 Special Use Permit. Now the past practice of the County over many
23 years, since the adoption of this resolution, has allowed amendment of
24 both Special Use Permits and Special Use Permit Resolutions. But
25 during the time that I've been involved with Garfield County and the
26 issuance of those permits, I've consistently advised people that an
27 amendment is technically a new application and, as such, it opens all
28 issues to be considered. Now admittedly, in many cases where the
29 amendments have been termed "amendments", the issues discussed, or at
Page 2
1 least of concern ding the hearings, have on j been those of the
amendment itself. The advice I've rendered allows due process both to
the applicant and adjacent landowners within an established regulatory
framework. Such procedure allows the existing permit or resolution to
remain in full force and effect subject to amendment. Failure to adopt
an amendment, though, doesn't necessarily, although handled as a new
application, would not effectively repeal any previously validly
approved permit also. Such procedure permits the applicant to utilize
all evidence and testimony from previous hearings on those matters for
which no amendment is sought. In other words, it would basically be
supplementing an application as it was previously put together. In
this case, we feel that procedure would require that the applicant
follow the same regulatory guidelines originally established for such a
use with specific attention given to sections 503, 503.07, 503.08,
503.10 and Chapter 9 in its entirety. All the foregoing should be
addressed in order to have compliance with the application process
itself. I think that would conclude my statement as far as what Don
and I have discussed and we feel is appropriate for an amendment to
this particular resolution.
DEFORD: What Mark and I are suggesting, or not suggesting -
we are recommending to the Board, is that you require the applicant, in
this case NCIG, who submitted a request to amend an existing
resolution, to follow the procedure that it would have had to follow if
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
. 24
25
26
27
28
29
it were submitting an original request for a Special Use Permit.
And I
mean I think we need to be real clear about this that neither Mark nor
I have... I should back up. I have not told Mr. Sturges that we would
be requiring this heretofore. This recommendation comes out of a
number of discussions between Mark and myself and a review of the
history of the County as well as a thorough review of our regulations
Page 3
1 on zoning. We reay can see no other way to nave an appropriate
2 procedure set forth and specified under our regulations. And so what
3 we're asking the Board to do is require that the applicant follow the
4 procedures the regulatory provisions that he has described to you in
5 filing its request to amend, it would still be termed "a request to
6 amend", but to follow the procedures as if it were an original
7 request. It's consistent with the history of the County and really the
8 only procedure we have to deal with it. That would require actually
9 that you strike the Public Hearing that has been set for today and for
10 which we advised New Castle Energy to provide notice, would require you
11 to strike that hearing, require that they follow the procedures Mark
12 has described and then there would be a Public Hearing set pursuant to
13 those procedures just as any original request for a Special Use Permit
14 would be set. There are still a number of questions that would have to
15 be addressed during that procedure and one of those, for instance,
16 would be whether or not such a request needs to go to the Planning
17 Commission, and what date would be appropriate for a Public Hearing on
18 the full request. So, I don't know if there are questions of the Board
19 but that's our recommendation rather than going ahead with the Public
20 Hearing today.
21 SMITH: And Don - time frames for a Public Hearing?
22 DEFORD: Well it depends really, Marian, if you decide after
• 23 receiving a full application which, of course, I should tell you - and
24 historic history indicates that what we'd anticipate is that the
25 applicant would reference much of what is in the record already. But
26 it would depend on whether you refer it to the Planning Commission or
27 not. We would think somewhere in the early part of July.
28 SMITH: So it isn't mandatory to refer to Planning Commission?
29 DEFORD: No it is not. As the original request for a Special
Page 4
1 • Use Permit does no have to go to the Planning' ommission.
2 ARBANEY: It would only require one Public Hearing?
3 DEFORD: It would only require one Public Hearing. How long
4 that hearing is, I don't know. But only one hearing, that's correct.
5 Now if it goes to the Planning Commission, they have a hearing - it's
6 not technically a Public Hearing, but the public participates in it.
7 MACKLEY: Now, the data they've developed throughout this
8 entire process could be resubmitted.
9 DEFORD: It could be resubmitted, Arnold, but as Mark has
10 indicated, given the nature of their requested amendments, they may
11 need to submit additional or altered factual evidence to you as well.
12 MACKLEY: In other words, if it fit the criteria, it could be
13 admitted?
14 DEFORD: Yes.
15 MACKLEY: Resubmitted I guess would be the right term.
16 BEAN: Right. That correct. Or referenced as a part of the
17 submittal.
18 MACKLEY: What's the Board's pleasure?
19 ARBANEY: I don't think we should open the Public Hearing
20 today. I think we should take the recommendation of our attorney and
21 staff and set a date certain to have a Public Hearing for this
22 amendment.
23 DEFORD: Mr. Chairman, could I interject something in
• 24 regard...
25 MACKLEY: Yes.
26 DEFORD: If you're follwing our recommendation, Mr. Arbaney,
27 you really cannot set a Public Hearing today. You need to wait under
28 the procedures under our regulations, you need to get the submittal in
29 the form of an application - submitted to you. You have to review it
Page 5
1 and then determine what date would be appropriate.
2
3
4
5
6
7 request for a Special Use Permit.
SMITH: So action that we would take it just strike the Public
Hearing at this time?
DEFORD: Before you open the Public Hearing, you would have to
strike the hearing currently set for today's date and ask that the
applicants submit their requested amendment in the form of an original
8 STURGES: Mr. Chairman, do you think we'll have an opportunity
9 to respond?
10 DEFORD: You're not in the Public Hearing phase, Mr. Chairman,
11 but if you want to hear from the applicant, you certainly can do that.
12
13
14
15
16
17
18
19
STURGES: And if you don't want to hear from us, let us know.
MACKLEY: Well, you know we sit here the last meeting and you
talked about the tolling of time and there is certainly a difference in
my mind between what I suspected and the time frames that so severely
affect this project that I believe that we're going to have to go
through another Public Hearing process. There's people out there that
are very, very concerned. And...
STURGES: I want to
20 staff has said this morning,
21 your position after that but
22 what you just heard from the
23
comment about a couple things that the
or this afternoon. You certainly can take
I would like you to know our feeling about
staff.
MACKLEY: What's the pleasure of the Board?
24 SMITH: Well, I think if we're going to strike the Public
25 Hearing, we need to strike the Public Hearing and give everyone a
26 chance at a regular meeting - both sides - any comments.
27 ARBANEY: I agree with that. Last time we heard only from one
28 side and I don't think that's right.
29 SMITH: I would rather give everyone a chance with full time.
Page 6
1 • Don, once again, would - or did you make thias the form of a
2 motion, Buckey?
3 ARBANEY: Not at this point.
4 SMITH: Well, I would move that we strike the Public Hearing
5 and, Don, help me with the wording.
6 DEFORD: If you're going to go ahead and strike the Public
7 Hearing, what you would do is you would strike the Public Hearing set
8 for today on the basis that the request to amend has not been submitted
9 in the form recommended today by your staff which would be in the form
10 of an original application requiring compliance with the Garfiel County
11 Zoning Resolution.
12 SMITH: I would so move.
13 ARBANEY: I'll second that.
14 MACKLEY: All in favor.
15 ARBANEY: Aye.
16 MACKLEY: Aye.
17 SMITH: Aye. I would move for adjournment. I guess that's
18 all that was on the agenda.
19 DEFORD: That all.
20 BEAN: Yup.
21 MACKLEY: Second?
22 ARBANEY: Second.
23 MACKLEY: All those in favor.
24 SMITH: Aye.
25 MACKLEY: Aye.
26 ARBANEY: Aye.
Page 7
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