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HomeMy WebLinkAbout1.02 Application _Part3The Applicant pursued a Special Use Permit in 2006 which was discussed by the Planning Commission but failed to proceed to the Board. That plan included the following general extraction activity. (Recall, Staff recommended denial of the application based on 1) inability to demonstrate a 0.00 rise in the 100 -year base flood elevation of the 100 -year floodplain, 2) that the proposed mining areas 2 and 3 fall with a "/2 and 1/4 mile bald eagle nest buffer, and 3) inability to effectively mitigate visual impacts during mining.) The Applicant withdrew that application and has returned to request approvals for a different site plan below: II. BOCC AUTHORITY Section 9.03.04 of the Zoning Resolution of 1978, as amended requires that Special Use Permit applications be initially brought to the Board so that the Board may determine if a recommendation from the Planning Commission is necessary. [Note, this application is being processed under the Zoning Resolution on 1978, as amended (known as the Old Code.] III. STAFF RECOMMENDATION Due to the following concerns: A) Environmental concerns associated with wetlands, riparian areas, 100 - year floodplain, and an adjacent American Bald eagle nest, B) Visual impacts within the County's view shed as identified in the Comprehensive Plan, C) Potential impacts to the City of Rifle's Watershed District due to its location directly upstream from the City's water intake on the Colorado River; and D) Concerns within the general planning areas identified in the City of Rifle's Comprehensive Plan. Staff recommends the Board refer the application to the Planning Commission in order to obtain a recommendation. MEMORANDUM TO Board of County Commissioners FROM Fred A. Jarman, AICP Director, Building & Planning Department DATE March 3, 2009 RE Referral of a Special Use Permit for "Extraction, Storage, Material Handling and Processing of Natural Resources" for the Scott Gravel Pit I. BACKGROUND The Building and Planning Department received a Special Use Permit (SUP) application for "Extraction, Storage, Processing and Material Handling of Natural Resources" to operate a gravel pit just east of the City of Rifle. The property is located in the "Rural" zone district (formerly the Al zone district) and includes gravel extraction in the 100 -year floodplain. (The property is identified in dark gray on the map above.) The Applicant pursued a Special Use Permit in 2006 which was discussed by the Planning Commission but failed to proceed to the Board. That plan included the following general extraction activity. (Recall, Staff recommended denial of the application based on 1) inability to demonstrate a 0.00 rise in the 100 -year base flood elevation of the 100 -year floodplain, 2) that the proposed mining areas 2 and 3 fall with a 1/2 and 1/4 mile bald eagle nest buffer, and 3) inability to effectively mitigate visual impacts during mining.) The Applicant withdrew that application and has returned to request approvals for a different site plan below: II. BOCC AUTHORITY Section 9.03.04 of the Zoning Resolution of 1978, as amended requires that Special Use Permit applications be initially brought to the Board so that the Board may determine if a recommendation from the Planning Commission is necessary. [Note, this application is being processed under the Zoning Resolution on 1978, as amended (known as the Old Code.] III. STAFF RECOMMENDATION Due to the following concerns: A) Environmental concerns associated with wetlands, riparian areas, 100 - year floodplain, and an adjacent American Bald eagle nest, B) Visual impacts within the County's view shed as identified in the Comprehensive Plan, C) Potential impacts to the City of Rifle's Watershed District due to its location directly upstream from the City's water intake on the Colorado River; and D) Concerns within the general planning areas identified in the City of Rifle's Comprehensive Plan. Staff recommends the Board refer the application to the Planning Commission in order to obtain a recommendation. LOYAL E. LEAVENWORTH SANDER N. KARP JAMES S. NEU KARL J.HANLON MICHAEL J. SAWYER JAMES F. FOSNAUGHT ANNA S. ITENBERG CASSIA R. FURMAN JENNIFER M. SMITH ROSALIE C. OLSON T. DAMIEN ZUMBRENNEN LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW EST 1980 201 14T1i STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 lel@lklawfirm.com Board of County Commissioners County of Garfield 108 8'1 Street Glenwood Springs CO 81601 February 26, 2009 RE: Scott Gravel Pit Special Use Permit Dear Commissioners: DENVER OFFICE:* 700 WASHINGTON ST. STE 702 DENVER, COLORADO 80203 Telephone: (303) 825-3995 *(please direct all correspondence to our Glenwood Springs Office) RECEIVED FEB 2 6 2009 GARFIELD COUNTY BUILDING & PLANNING 1 represent the City of Rifle. The City has asked me to write to you concerning Item 1C on your 1:15 agenda on Monday, March 2, which is entitled `[Consider Referring a Special Use Permit from Scott Gravel Pit to the Planning Commission." On behalf of the City of e, the City strongly believes this matter should go. to the Garfield County Planning Commission for review and recommendations. This property is located at the Gateway to the City and deserves careful and deliberate consideration for any land use approval. You should also be aware that the Planning Commission in Rifle adopted Resolution No. 2, Series of 2008, on September 30, 2008, an unsigned copy of which is attached. We will provide a signed copy at the time of the Planning Commission hearing but I wanted to get this letter off to you quickly. Resolution No. 2 adopts a Subarea Master Plan for the Rifle East Gateway Planning Area which is defined on Exhibit A of the Resolution and includes the property upon which the special use permit has been requested. The Subarea Master Plan is located on the City's website at www.rifleco.org. We will outline in detail our concerns that the proposal does not comply with the Subarea Master Plan as adopted for the Planning Commission hearing, but this is another reason the matter should be referred to the Planning Commission. I:K'3iraislRilleR00911 B-P/anning.6041Letiers\GorCo t0CC 022609.wpd LEAVENWORTH & KARP, P.C. Page 2 Thank you for your consideration. LEL: ers Enclosure cc: Matt Sturgeon Fred Jarman City Council i;1Clicoi i1)&10091113 -Pb ing,60,1ltc IlcrsbGarCa OOCC 02269.wpd Very truly yours, LEAVENWORTH & KARP, P.C. Ley 1 E. Lea /1e orth CITY OF RIFLE, COLORADO PLANNING COMMISSION RESOLUTION NO. 2 SERIES OF 2008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RIFLE, COLORADO, ADOPTING THE RIFLE EAST GATEWAY SUBAREA MASTER PLAN PREPARED BY VANDEWALLE & ASSOCIATES, INC. DATED SEPTEMBER 2008 AS THE OFFICIAL SUBAREA MASTER PLAN FOR THE RIFLE EAST GATEWAY PLANNING AREA. WHEREAS, recognizing the unique characteristics of the entrance to the City of Rifle from the east (Interstate 70 Exit 90 (Main Rifle Exit) and Exit 94 (Mamm Creek)), its development potential and importance to the City's image and economic base, the City of Rifle identified a planning subarea known as Rifle East Gateway Planning Area, the boundaries of which for this purpose are generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Rifle East Gateway Planning Area"); and WHEREAS, the City worked with planning staff and interested members of the community to identify the Rifle East Gateway Planning Area as important to creating a positive City image and to determine several development goals for the Rifle East Gateway Planning Area, and contracted with planning consultant Vandewalle & Associates, Inc. to prepare a Subarea Master Plan for the Rifle East Gateway Planning Area (the "Rifle East Gateway Subarea Master Plan"); and WHEREAS, the Rifle East Gateway Subarea Master Plan has been developed as a comprehensive, advisory plan to articulate the objectives and vision statement for the Rifle East Gateway Planning Area and provide specific recommendations to guide development and the construction of public improvements; and WHEREAS, pursuant to C.R.S. §31-23-206(2), the City wishes to adopt the Rifle East Gateway Subarea Master Plan as a part of the City's overall Comprehensive Plan, as may be amended from time to time; and WHEREAS, in compliance with state statute, on September 30, 2008 the Rifle Planning Commission held a duly -noticed public hearing to consider adoption of the Rifle East Gateway Subarea Master Plan; and WHEREAS, the Rifle PIanning Commission desires to adopt the final Rifle East Gateway Subarea Master Plan pursuant to C.R.S. §31-23-206. I:Itlicnls\RilleL001A1 D-Planning-GOdSResalwionsT&Z.0l.wpd City of Rifle, Colorado Planning Commission Resolution No. 2; Series of 2008 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF RIFLE, COLORADO, THAT: Section I. The foregoing recitals are incorporated herein as if set forth in full. Section 2. Pursuant to C.R.S. §31-23-206, the Rifle Planning Commission at a duly noticed public hearing hereby adopts in its entirety the Rifle East Gateway Subarea Master Plan prepared by Vandewalle & Associates, Inc. dated September 2008 as the official Subarea Master Plan for the Rifle East Gateway Planning Area. Section 3. A copy of the Rifle East Gateway Subarea Master Plan is available for review during normal business hours at City Hall. THIS RESOLUTION, was read, passed and adopted by the Rifle Planning Commission at a regular meeting held this 30th day of September, 2008. By 1:1Clie aslame+zaosun.rmnni„a.GOAResomtiousT&Z.02 tvpd CITY OF RIFLE, COLORADO PLANNING COMMISSION Chairperson 11,799 ... 00, t't5� +sem EXHIBIT A Rifle East Gateway Planning Area aaa ,e,soo 17 G.7£ • Y6pryp 90 -.14 • • 15,Sb0 E:7 • • baa i=.i1 �k e. LOYAL E. LEAVENWORTH SANDER N. KARP JAMES S. NEU KARL J. HANLON MICHAEL J. SAWYER JAMES F. FOSNAUGHT ANNA S. ITENBERG CASSIA R. FURMAN JENNIFER M. SMITH ROSALIE C. OLSON T. DAMIEN ZUMBRENNEN LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW EST. 1980 201 14TH STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 9457336 lel@lklawfirm.com Board of County Commissioners County of Garfield 108 8`" Street Glenwood Springs CO 81601 February 26, 2009 RE: Scott Gravel Pit Special Use Peiiiiit Dear Commissioners: DENVER OFFICE:* 700 WASHINGTON ST. STE 702 DENVER, COLORADO 80203 Telephone: (303) 825-3995 *(Please direct all correspondence to our Glenwood Springs Office) RECEIVED FEB 2 6 2009 GARFIELD COUNTY BUILDING & PLANNING I represent the City of Rifle. The City has asked me to write to you concerning Item IC on your 1:15 agenda on Monday, March 2, which is entitled "Consider Referring a Special Use Permit from Scott Gravel Pit to the Planning Commission." On behalf of the City of Rifle, the City strongly believes this matter should go to the Garfield County Planning Commission for review and recommendations. This property is located at the Gateway to the City and deserves careful and deliberate consideration for any land use approval. You should also be aware that the Planning Commission in Rifle adopted Resolution No. 2, Series of 2008, on September 30, 2008, an unsigned copy of which is attached. We will provide a signed copy at the time of the Planning Commission hearing but I wanted to get this letter off to you quickly. Resolution No. 2 adopts a Subarea Master Plan for the Rifle East Gateway Planning Area which is defined on Exhibit A of the Resolution and includes the property upon which the special use permit has been requested. The Subarea Master Plan is located on the City's website at www.ritleco.org. We will outline in detail our concerns that the proposal does not comply with the Subarea Master Plan as adopted for the Planning Commission hearing, but this is another reason the matter should be referred to the Planning Commission. 1:tCiienislkillell(10911 B-PInnning-604Bxiic,s\GarCu BOCC 022609..ryd LEAVENWORTH & KARP, P.C. Page 2 Thank you for your consideration. LEL:ers Enclo sure cc: Matt Sturgeon Fred Jarman City Council 3.1 CIicnlsiFlifcl20091 ID-Planning-G041L[IlcrsZatCo BOCC 022609.wpd Very truly yours, LEAVENWORTH & KARP, P.C. Lpy 1 E. Leaw`e orth ii �// CITY OF RIFLE, COLORADO PLANNING COMMISSION RESOLUTION NO. 2 SERIES OF 2008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RIFLE, COLORADO, ADOPTING THE RIFLE EAST GATEWAY SUBAREA MASTER PLAN PREPARED BY VANDEWALLE & ASSOCIATES, INC. DATED SEPTEMBER 2008 AS THE OFFICIAL SUBAREA MASTER PLAN FOR THE RIFLE EAST GATEWAY PLANNING AREA. WHEREAS, recognizing the unique characteristics of the entrance to the City of Rifle from the east (Interstate 70 Exit 90 (Main Rifle Exit) and Exit 94 (Manan Creek)), its development potential and importance to the City's image and economic base, the City of Rifle identified a planning subarea known as Rifle East Gateway Planning Area, the boundaries of which for this purpose are generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Rifle East Gateway Planning Area"); and WHEREAS, the City worked with planning staff and interested members of the community to identify the Rifle East Gateway Planning Area as important to creating a positive City image and to determine several development goals for the Rifle East Gateway Planning Area, and contracted with planning consultant Vandewalle & Associates, Inc. to prepare a Subarea Master Plan for the Rifle East Gateway Planning Area (the "Rifle East Gateway Subarea Master Plan"); and WHEREAS, the Rifle East Gateway Subarea Master Plan has been developed as a comprehensive, advisory plan to articulate the objectives and vision statement for the Rifle East Gateway Planning Area and provide specific recommendations to guide development and the construction of public improvements; and WHEREAS, pursuant to C.R.S. §31-23-206(2), the City wishes to adopt the Rifle East Gateway Subarea Master Plan as a part of the City's overall Comprehensive Plan, as may be amended from time to time; and WHEREAS, in compliance with state statute, on September 30, 2008 the Rifle Planning Commission held a duly -noticed public hearing to consider adoption of the Rifle East Gateway Subarea Master Plan; and WHEREAS, the Rifle Planning Commission desires to adopt the final Rifle East Gateway Subarea Master Plan pursuant to C.R.S. §3I-23-206. 1:5CIicnls\Ril X2851 o-Pllamins-aoavtesoWiionsTS:Z-@.apd City of Rifle, Colorado Planning Commission Resolution No. 2; Series of 2008 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF RIFLE, COLORADO, THAT: Section 1. The foregoing recitals are incorporated herein as if set forth in full. Section 2. Pursuant to C.R.S. §31-23-206, the Rifle Planning Commission at a duly noticed public hearing hereby adopts in its entirety the Rifle East Gateway Subarea Master Plan prepared by Vandewalle & Associates, Inc. dated September 2008 as the official Subarea Master Plan for the Rifle East Gateway Planning Area. Section 3. A copy ofthe Rifle East Gateway Subarea Master Plan is available for review during normal business hours at City Hall. THIS RESOLUTION, was read, passed and adopted by the Rifle Planning Commission at a regular meeting held this 30`h day of September, 2008. By 1:1CIie is5Ri0c000B410-Planning-60458csolmions1P&Z-02.wpd CITY OF RIFLE, COLORADO PLANNING COMMISSION Chairperson EXHIBIT A Rifle East Gateway Planning Area et i 15; 4• • nut Garfield County February 23, 2009 Greg Lewicki Greg Lewicki And Associates, PLLC 11541 Warrington Court Parker, CO 80138 BUILDING & PLANNING DEPARTMENT Re: Special Use Permit for Extraction, Storage, Processing and Material Handling of Natural Resources in the Agricultural / Industrial Zone District Dear Greg, This office is in receipt of the additional supplemental information received on February 5, 2009 regarding your Special Use Permit application for Extraction, Storage, Processing and Material Handling of Natural Resources in the Agricultural / Industrial Zone District for the "Scott Pit." This letter is to inform you the application has been deemed technically complete which means we have the information needed to conduct a substantive review. As I discussed with you on the phone this morning, I have set the matter before the Board of County Commissioners on March 2, 2009 at 1:15 PM so they may refer the application to the Planning Commission. Once the Board makes its referral determination, this office will provide you with the required number of copies, the dates of the public hearings, and the public notice materials. Feel free to call me with any questions prior to the March 2, 2009 meeting. Very truly yours, Fred A. Jarman, Director, Building & Planning Department 970.945.8212 frediarmanAgarfietd-county.com 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 Greg Lewicki And Associates 11541 Warrington Court Parker, CO USA 80138 February 1, 2009 Fred Jarman Garfield County Building and Planning Department 109 8`h Street Suite 303 Glenwood Springs, CO 81601 Dear Fred: Phone (303) 346-5196 Fax: (303)-346-6934 E -Mail: greg cc.,lewieki.biz Enclosed is one copy of the revised Application for Special Use for the Scott Expansion of the Chambers Pit, which includes the responses to the 5.17 Regulations. We have already paid the application fee. All new pages and maps have been provided. The appendices have been greatly expanded to include the newest information on other permits related to the project. Please let me know if this version is sufficient and we will provide the additional copies. Thanks, Fred. Sincerely, Greg Lewicki, P. E. Greg Lewicki and Associates cc: Pete Siegmund cc: Bill Bailey Greg Lewicki And Associates 11541 Warrington Court Phone (303) 346-5196 Fax: (303)-346-6934 Parker, CO USA 80138 E-Mail:greg@lewicki.biz November 21, 2008 Fred Jarman. Garfield County Building and Planning Department 109 8`h Street Suite 303 Glenwood Springs, CO 81601 Dear Fred: Enclosed is one copy of the revised Application for Special Use for the Scott Expansion of the Chambers Pit. We have already paid the application fee. Since there were numerous changes as a result of Kathy Eastley's letter of October 22, 2008, all new pages and maps have been provided. The appendices have been greatly expanded to include the newest information on other permits related to the project. Please let me know if this version is sufficient and we will provide the additional copies. Thanks, Fred. Sincerely, Greg Lewicki, P. E. Greg Lewicki and Associates cc: Pete Siegmund cc: Bill Bailey GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com SPECIAL USE PERMIT Doc. # GENERAL INFORMATION (Please print legibly) ➢ Name of Property Owner: [ tv skc GOoe- ➢ Mailing Address: Box I5S6Telephone: (C( 7)) b2.5' 1y'' ➢ City: 1 FLI State: Zip Code: gi650 Cell: (q.72).)70 ii5 g ➢ E-mail address: C`� tt) Rtv :a6E6 AtL, C.Oh. FAX: (i'?t)) i ,6 ➢ Name of Owner's Representative, if any, (Attorney, Planner, Consultant, etc): ➢ Mailing Address: 15' / 10441aiter ,J £3 Telephone: (3O3) 3ire, 51?6 ➢ City: ,P - ft ' State:4) Zip Code: gOI34 Cell: ( 303) 176g ➢ E-mail address: in )C w ei A 1 z- FAX: (3a3 ). (6':39f ➢ Description of Special Use Requested: L IT G k 1.-- i/`r eitgr. /FLS 4 ne_1 696—, €4 / W' ' 14 J..7G , Lr FE DF torr is E '- ye6s- ➢ Street Address / General Location of Property: 142 Alia.- kASS • OF Pi Ftp ➢ Legal Description: $EE e-a2La —,6 APA/fi r= P/ Ati ➢ Assessor's Parcel Number: o - Doi ➢ Existing Use: ➢ Property Size (in acres) q3 Aig Zone District: ,moi Last Revised 7/1/08 I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing the subject property and all public and private landowners adjacent to your property (which should be delineated). In addition, submit a list of all property owners, private and public, and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the County Assessor's Office. You will also need the names (if applicable) of all mineral interest owners of the subject property, identified in the County Clerk and Recorder's records in accordance with §24-65.5-101, et seq. (That information may be found in your title policy under Exceptions to Title). 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. If the property is owned by a corporate entity (such as an LLC, LLLP, etc.) please submit a copy of a recorded "Statement of Authority" demonstrating that the person signing the application has the authority to act in that capacity for the entity. 8. Submit a statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility Zine/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.garfield-county.com/building and planning/index.htm, or information can be obtained from this office 10. A $525.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 3 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1. Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. Of Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described in the paragraph above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. 1 have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. L Af6s-h- ro 10' ALIZ Airj (Signature of Pro erty Owner) (Date) i oet z ATL MJ GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and 0111645116 Ste) 6k0 oP DOR UNITE- #4 PRA (hereinafter APPLICANT) agree as follows: Dl~ AEA cooly 1. APPLICANT has submitted to COUNTY an application for TA 6Cprr (rr (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT, APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: 2 1o 6QE-6 1. cite J Print Name CAeoe&r- Foe APPLieliolpT) Mailing Address: /4511 114444/A167 -19A) O09£` 10/2004 Page 4 Adjacent Landowners within 200 feet of the Proposed Use Boundary of Scott Pit City of Rifle P.O. Box 1908 Rifle, CO 81650 W.F. Clough F.O. Box 686 Rifle, CO 81650 Umetco Minerals Corp c/o John Nichols CMI 2301 Brazosport Blvd Freeport, TX 77541-3269 State of Colorado Dept of Highways 4201 E Arkansas Ave Denver, CO 80222-3406 Rivers Edge, LLC P.O. Box1556 Rifle, CO 81650 Gypsum Ranch Co, LLC A Colo Limited Liability Company P.O. Box 1220 Carbondale, CO 81623 Parcels: 2177-151-00-050 2177-151-00-051 Parcel: 2177-152-00-003 Parcel: 2177-161-00-013 Parcels: 2177-152-00-052 2177-152-00-008 Parcels: 2177-151-00-054 2177-151-00-007 2177-113-00-451 Parcels: 2177-141-00-121 Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property ...Search Assessor Subset.Query_ 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Build Characteristics 1 Tax Information Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail Photographs 1 Mill Levy Revenues Detail Parcel Detail Tax Area 024 Account Number R024500 Parcel Number 217715100054 2007 Mill Levy 45.837 Owner Name and Mailing Address RIVERS EDGE LLC PO BOX 1556 RIFLE, CO 81650 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:15-6-93 SUB:MCLEARNS ORCHARD LANDS LOT:1 - LOT:11 DESC: ALL LYING N OF I-70 BK:0547 PG:0014 BK:1769 PG:326 RECPT:691621 BK:1735 PG:841 RECPT:684344 BK:1725 PG:424 RECPT:682001 BK:1725 PG:422 RECFI':682000 BK:1666 PG:576 RECPT:669412 BK:1623 PG:282 RECPT:659894 BK:1614 PG:525 RECPT:658072 BK:1529 PG:276 RECPT:638608 BK:0667 PG:0064 BK:0666 PG:0294 BK:0661 PG:0389 BK:0651 PG:0338 Location R 1') O/2f11-19 Parcel Detail Page 2 of 4 1 Physical Address: RIFLE Land: Subdivision: MCLEARNS ORCHARD LANDS Improvements: Land Acres: 36.04 Total: Land Sq Ft: 0 Section 1 STORY W/ BASEMENT: Township Range 15 2,252 6 93 2008 Property Tax Valuation Information Additional Value Detail Most Recent Sale Sale Date: Sale Price: 8/28/2005 1,100,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 1 0 1 Actual Value Assessed Value Land: 6,980 2,030 Improvements: 170,310 13,560E Total: 177,290 15,590 Additional Value Detail Most Recent Sale Sale Date: Sale Price: 8/28/2005 1,100,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 1 0 1 f Residential Building Occurrence 1 Characteristics I_ UNFINISHED BSMT: 2,252 PORCH, ENCLOSED, FINISHED: 100 1 STORY W/ BASEMENT: 2,252 TOTAL HEATED AREA: 2,252 ABSTRACT CODE: FARM/RANCH RESIDENCE - IMPS ARCHITECTURAL STYLE: MANUTACTURED L EXTERIOR WALL: MASONITE / m____o ----nn ___----w1.T 1-, rin'lAcnn ol�nr�nno Parcel Detail Page 3 of 4 ROOF COVER: 1COMP SHNGL i ROOF STRUCTURE: GABLE INTERIOR WALL: DRYWALL INTERIOR WALL: AVG PANEL FLOOR: SHT VINYL FLOOR: CARPET HEATING FUEL: GAS HEATING TYPE: `FORCED AIR STORIES: STORIES 1.0 BATHS: 2 ROOMS: 6 UNITS: 1 BEDROOMS: 3 YEAR BUILT: 1977 Additional ..Residential/Commercial Improvement Detail Tax Information Tax Year Transaction Type Amount 2007 Tax Payment: Second Half ($357.30) 2007 Tax Payment: First Half ($357.30) 2007 Tax Amount $714.60 2006 Interest Payment ($11.42) 2006 Interest Charge $11.42 2006 Tax Payment: Whole ($571.16) 2006 Tax Amount $571.16 2005 Tax Payment: Second Half ($286.93) 2005 Tax Payment: First Half ($286.93) 2005 Tax Amount $573.86 2004 Tax Payment: Whole ($664.82) 2004 Tax Amount $664.82 2003 Tax Payment: Whole ($739.12) 2003 Tax Amount $739.12 2002 Tax Payment: Whole ($752.28)t 2002 Tax Amount $752.28 2001 Tax Payment: Whole ($768.88) 2001 Tax Amount $768.88 2000 1 Fee Payment ($23.00) Parcel Detail Page 4 of 4 2000 11 Interest Payment 11 ($54.16)1. 2000 Interest Charge $54.16 2000 Tax Payment: Whole ($773.74) 2000 Fee Charge $8.00 2000 Fee Charge $15.00 2000 Tax Amount $773.74 1999 Tax Payment: Whole ($775.80) 1999 Tax Amount $775.80 Mill Levy Revenues Detail Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Clerk & Recorder Database Search Options Garfield County Home Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data, However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 - 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Tums Software. Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset_Queiy 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Chairacterist cs 1 Tax Information Parcel Detail f Value Detail 1 Sales,,. Detail 1 Residential/Commercial Improvement Detail Land Detail 1 P1lotograplls 1 Mill Leyy_,.Revenues Detail Tax Area Account Number Parcel Number 2007 Mill Levy 024 R024437 217715100007 45.837 Owner Name and Mailing Address RIVERS EDGE LLC PO BOX 1556 RIFLE, CO 81650 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:15-6-93 DESC: TR OF MEANDER LAND. BK:0547 PG:0014 BK:0461 PG:0562 BK:1769 PG:326 RECPT:691621 BK:1736 PG:152 RECPT:684430 BK:1735 PG:841 RECPT:684344 BK:1725 PG:424 RECPT:682001 BK:1725 PG:422 RECPT:682000 BK:1666 PG:578 RECPT:669413 BK:1666 PG:576 RECPT:669412 BK:1614 PG:525 RECPT:658072 BK:0709 PG:0907 BK:0666 PG:0294 BK:0661 PG:0389 BK:0651 PG:0338 Location Parcel Detail Page 2 of 3 Physical Address: RIFLE Subdivision: Land: Land Acres: 85.86 Land Sq Ft: 0 Section Township Range 15 6 93 2008 Property Tax Valuation Information Additional Value Detail Most Recent Sale Sale Date: Sale Price: 2/28/2005 1,100,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 0 0 No Building Records Found Tax Information Actual Value Assessed Value Land: 5,040 1,460 Improvements: 11,320 3,280 Total: 16,360 4,740 Additional Value Detail Most Recent Sale Sale Date: Sale Price: 2/28/2005 1,100,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 0 0 No Building Records Found Tax Information http:// www.garcoact.comlassessor/Parcel.asp?AccountNumber=R024437 8/29/2008 Tax Year Transaction Type Amount 2007 Tax Payment: Second Half ($108.64) 2007 Tax Payment: First Half ($108.64) 2007 Tax Amount $217.28 2006 Interest Payment ($3.89) 2006 Interest Charge $3.89 2006 Tax Payment: Whole ($194.72) I 6 11 I http:// www.garcoact.comlassessor/Parcel.asp?AccountNumber=R024437 8/29/2008 Parcel Detail Page 3 of 3 2006 11 Tax Amount 11 $194.721 2005 Tax Payment: Second Half ($97.82) 2005 Tax Payment: First Half ($97.82) 2005 Tax Amount $195.64 2004 Tax Payment: Whole ($202.22) 2004 Tax Amount $202.22 2003 Tax Payment: Whole ($224.82) 2003 Tax Amount $224.82 2002 Tax Payment: Whole ($177.24) 2002 Tax Amount $177.24 2001 Tax Payment: Whole ($181.18) 2001 Tax Amount $181.18 2000 Fee Payment ($21.50) 2000 Interest Payment ($16.09) 2000 Interest Charge $16.09 2000 Tax Payment: Whole ($229.90) 2000 Fee Charge $8.00 2000 Fee Charge $13.50 2000 Tax Amount $229.90 1999 Tax Payment: Whole ($230.52) 1999 Tax Amount $230.52 Mill Levy Revenues Detail Top of Page Assessor Database Search 0_ptions 1 Treasurer Database Search Options Clerk & Recorder Database, Search Options Garfield CountyHome Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 - 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. httni/www syarenact.cnm/assesor/Parcel.asn?Acc mntNturnher=R024437 8/29/2008 4111 —AV4 RIFLE SERVICE PARK rzi4,.... 10 11 Crry o khrc.r. os� Sac pi gtvERs EO6E ►1G 1 dge, LLC 1545 red Partnership .1 320 13Ivd :27 South Mander Line 2,72 A r. 9.22 A. 5,26 Aa Immo aim mem 1 1 1 1 1 1 1 1 1 1 1 1 • 1,81 Au. a cIC ..• MS. 41.10P FLE BUSINESS PARK c LOT 11 Rn RSI Adjoining 2177 r 6L9E TEcr PARCEZS 2177-1411-00-121 ! FAR E— AIWA erEK Prr Qj 6.yp.stiwt k! J cti CD, £-LLL CuirJeb s+)R'FP ASSESSOR MAP SUBJECT PARCEL & SURROUNDING AREA TCS R93W SEC 15 DATE: 8-29-08 Page 1 of 1 Fred Jarman From: Fred Jarman Sent: Wednesday, December 17, 2008 3:30 PM To: 'greg@lewicki.biz' Subject: RE: Scott Pit status Greg, Thanks for walking me through the revisions your team has submitted to the County. Just to summarize our conversation, you agreed to provide the County the following information so that the County can deem the application technically complete: 1) An updated Traffic Analysis from Kimley Horn as a supplement to the older 2005 traffic study that looked at trips as they may go over 1-70 and into Grass Mesa, etc. 2) Responses to the new county Gravel Extraction regulations found at Section 5.17 of the Zoning Resolution 3) Provide a copy of the title policy for the property I wanted to also add that while a "Statement of Authority" was submitted, it needs to be recorded before we can accept it as valid. I have it here and would be happy to have Bill come pick it up to have it recorded. Thanks, Fred From: Greg Lewicki [mailto:greg@lewicki.biz] Sent: Tuesday, December 16, 2008 4:44 PM To: Fred Jarman Cc: Bill Bailey; Pete Siegmund Subject: Scott Pit status Fred: I know you are busy but you have had the updated Scott Pit submittal for a fair amount of time at this point. Please give me an update. Thanks. Greg Greg Lewicki, P.E. Greg Lewicki and Associates, PLLC www.lewicki.biz i 154 it% apt i` r9y.b.�€Fyyr€ C'ar§jizt t'G n.t id _t .ii 3,s�.�f ' �R (3I} 'AN FA1liF: 12/17/2008 October 22, 2008 Greg Lewicki Greg Lewicki And Associates, PLLC 11541 Warrington Court Parker, CO 80138 VIA EMAIL Reference: Special Use Permit for Extraction, Storage, Processing and Material Handling of Natural Resources in the Agricultural /Industrial Zone District Dear Mr. Lewicki, This office is in receipt of an application received on September 9, 2008 for the Special Use Permit request for Extraction, Storage, Processing and Material Handling of Natural Resources in the Agricultural / Industrial Zone District for the Scott Pit. This letter (pursuant to our conversation on September 30, 2008) is to inform you the application has been deemed technically incomplete, meaning that necessary information required by Garfield County to review your proposal has not been submitted with the application. The regulatory requirements that were omitted are itemized below. Given the volume of information contained in the submittal documentation and the provision of a table of contents, the provision of tabs for each defined section of the submittal binder will ease referral agency and staff review of the information. 2. Section 9,03.01(1) requires supporting information, plans, letters of approval from responsible agencies or other local, state and federal permit applications be submitted with the application. Please respond to or provide the following information. ✓f A. A Rifle Watershed Permit is required. The submittal documentation stated that application has been made to the City, a copy of that application must be submitted to Garfield County, $21 State Highway Access Permit (expired); CDPHE WQCD Discharge Permit expired 9/30/07; CDPHE AQCD Construction Permit 04GA1277F is no longer applicable to this project as the conveyor system, mining area, facilities areas have all been amended. In addition, individual permits must be submitted for the portable equipment (asphalt/concrete batch / plants, crusher, screener, etc.); ✓ E. Well Permit expired on 5/3107; v'F. Substitute Water Supply Plan dated June 15, 2004, is no longer applicable to the current plan as it includes the oxbow and the conveyor system for processing at the Chambers tel )1Pit. G. DBMS Permit information including plans to assure consistency with the Garfield County submittal. /3. Section 9.03.01 (2) requires provision of the location of roads providing access to the subject property, location and use of buildings and structures on adjacent lots and the narnes of owners of record of such lots. The roads providing access to the property were either inadequately identified, not legible, or were not shown (1-70 and access road). I4. Section 5.03(1) Demonstration of utilities ties adequate to provide water and sanitation service has not been provided. Although it is stated that a sanitation tank and porta-potties will be the method of sanitation, the locations of these improvements have not been provided on the plan. Information has not been provided on potable water other than to say it will be hauled to the site. Where will it be kept, how much will be provided and how often will it be supplied? The Well permit has expired. Is augmentation required? The substitute water supply plan does not provide all of the information. . Section 5.03(2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access has not been demonstrated as a traffic study has not been provided and the information regarding the State Highway Access Permit does not identify the use or volume of vehicles associated with the project. 16'Section 5.03(3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. Please provide a narrative responding to this requirement. 7. Section 5.03.07(1) Description of the proposed use including location, scope, design and construction schedule, and operational characteristics. Operational characteristics, particularly the facilities area, should be defined. Provide detail on access to the facility area and the specific Location of the crusher, scales, equipment storage, office trailer and porta-potty, fuel storage, generator, asphalt and concrete batch plants, overburden stockpile area(s) or berms...provide detail of what is proposed to occur within a defined "facilities area" and provide documentation that all facilities and activities are occurring outside of the floodplain. The site plan should provide a detail of the facilities area. Identify 2 areas of fencing or other type of containment berming or security would be provided around that area. A Phasing schedule and designation of phased areas should be provided, both in text and on the plan. What has been provided in the past is a general timetable and delineation (acreage and boundary) of each of the phases and the progression of the phases across the "Mining Limit". For consistency sake, we will request that this application submit similar graphic representation to what we have received from other extraction applications in the past (attached is an example). A. Impacts on adjacent lands cannot be determined from the information submitted. Information on dust control, smoke, glare and noise is required to demonstrate compliance with minimum standards required by local, state and federal agencies. B. Impacts on wildlife and domestic animals through the creation of hazardous attraction, alteration of existing native vegetation, blockade of migration routes, use patterns or other disruptions; Sufficient information has been provided for agency review of this issue. C. Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; A Traffic Study has not been provided,` /1 b D. Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution. 8. Section 5.03.08 (1) volume of sound generated must comply with State Statute and demonstration has not been provided in the submittal documentation. 9. Section 5.03.08(5) (A)(B)(C) Information has not been provided regarding the storage of flammable or explosive gases or solids, nor have outdoor storage areas included visual mitigation or screening. The facilities area nd the stockpile areas are required to meet this criteria. 10. The Garfield County Planning Commission has recently adopted an amendment to the Comprehensive Plan adding Gravel Extraction as a specific chapter (Chapter 11). Analysis of compliance with the chapter should be included in your submittal. This information was emailed to you on October 10, 2008. 11. The Board of County Commissioners has recently adopted an amendment to the Zoning Resolution regarding Gravel Extraction. I have enclosed these new regulations for your review as they will be utilized in the review of this project. Section 5.17 of the Zoning Resolution is attached. 3 12. The Garfield County Attorney's Office has the following comments: A. A quit claim deed was included in the submittal which does not adequately describe what it is that is owned by Rivers Edge LLC and Rock R US, LLC, therefore a title policy should be submitted. B. The adjacent ownership list is out of date and should be updated. C. Many of the appendices are out of date such as the CDPS discharge permit and the well permit. D. The SUP specifically states that access is on the south side with all processing and selling to occur from the south side, however the access permit seems be inconsistent as the pennit appears to have contemplated sales and processing occurring on the north side of the river. This letter is provided as an initial review of the technical noncompliance of your application submittal and is not to be construed as a final comment letter regarding your application. Additional completeness issues may result from upon further review of submittal materials. Sincerely, Kathy Eastley, AICP Attachments CC: Fred Jarman File 4 Page 1 of 1 Kathy A. Eastley From: Deborah Quinn Sent: Monday, September 15, 2008 10:20 AM To: Kathy A. Eastley Subject: Scott Pit application Kathy, I'm getting ready to bring you back your copy of this application. When you review it, you'll see that what is being proposed is a gravel pit that will encompass about 21 acres, but it is being permitted by the state as part of an existing pit on the north side of the river, through an amendment, and the application says it is for 93.46 acres, but this is the larger area under the state permit, I think. There are two different assessor parcel ID's involved, both owned by Rivers Edge LLC., per their attached information from the assessors office, which shows a total acreage for both "parcels" of approximately 122 acres. There is only one deed for ownership, showing ownership in River's Edge, LLC and Rocks R US, LLC. The deed is a quit claim deed, doesn't really say much about what it is they actually own, so if they have a title policy, that should be submitted. Otherwise, we'll need more deeds from the chain of title to see what it was that this quit claim deed actually conveyed to them. The adjacent ownership list, exhibit P, is from 2006 and that is out of date, although it looks like the actual assessor's map is from 2008 and shows the same owners. The ownership list should be updated Finally, many of the appendices are out of date, for example, the CDPS discharge permit expired 9/30/07 and the well permit expired 5/3/07. This is probably because they are proposing this operation to be permitted by the state as an amendment to an existing pit that has been in operation already, I think. But, they have included a highway access permit for operations of the existing pit on the north side of the river, and this application specifically states it will be on the south side, with all processing and selling to occur from the south side of the river. I guess the initial proposal permitted by the state contemplated a conveyor, with most of the processing and sales to occur from the north side. I didn't read the entire application to see how the appendices relate to the current plan, so this is more a head's up for your review rather than any completeness comment from me. 10/2/2008 Fred Jarman From: Ben Langenfeld [bent@lewicki.bizj Sent: Monday, March 16, 2009 4:16 PM To: sharie.prow@co.usda.gov; kfitzsimmons@rifleco.org; info@riftefiredrpt.org; Travis Marshall; brian.gray@state.ca.us; mark.cadnuck@state,co.us; karen.berry@state.co.us; delmon.french@dotstate.co.us; Nathan Green; Steve Anthony; Deb Fiscus Cc: greg@lewicki.biz; Bill Bailey; Pete Siegmund; Fred Jarman Subject: Notification of Filing and Request for Comment: Scott Pit - Garfield County Special Use Permit To Whom It May Concern On May 13, 2009, at 6:30 prn, in the Garfield County Administration Building at 108 8th Street in Glenwood Springs, CO, the Garfield County Planning Commission will be holding a public hearing on the county special use permit for the Scott Pit. This is a permit application for Extraction, Storage, Processing, and Materials Handling of Natural Resources in the Agricultural/Industrial Zone District. The applicant is River's Edge, LLC and the application has been submitted by Oldcastle SW Group, Inc., dba United Companies of Mesa County, who is the operator. In accordance with county regulations, a copy of the filed special use permit is being sent to state, local, and federal agencies for comment. The copy that each agency will recieve contains the text of the special use permit application itself, along with appropriate maps, and a CD of all appendices of the permit application. The appendices are in PDF format, and are as follows: Appendix A - SPCC Plan and NPDES Permit Appendix B - Tetra Tech Report (including CLOMR Approval) Appendix D - Traffic Study and CDOT Access Permit Appendix E - Watershed Permit Appendix F - Colorado Division of Reclamation, Mining, and Safety Permit Appendix F - Noise Study Appendix H - Gravel Well Permit Appendix I - Air Emissions Permits Appendix J - Wetlands Information If you would like any of the information from any of the above listed appendices in hard copy as opposed to electronic, please contact me at either this email address or the phone number listed below within 10 days of reciept of this email. Ben Langenfeld, Project Engineer www.lewicki.biz (720) 842-5321 g L , 'cki And Associates, PLLC W. ten Conti 3U3)3Z-5146 t k' c t }3d .&) i. Greg Lewicki And Associates 11541 Warrington Court Phone (303) 346-5196 Fax: (303)-346-6934 Parker, CO USA 80138 April 1, 2009 Fred Jarman Garfield County Building and Planning Department 108 8th Street Suite 401 GIenwood Springs, CO 81601 Dear Fred: E-Mail:greg@lewicki.biz Enclosed are 30 copies of the Scott Pit Special Use Application (in 4 boxes). We contacted al] the parties on the list you provided to see if any needed printed appendices. None indicated that this was necessary, so all 30 copies have all appendices on a CD disk, which has been inserted into each copy binder. We also have the certified receipts from the landowner mailings, the photos of the sign installation on site and we will soon have the proof of publication of the public notice in the newspaper. We will bring all of this information to the hearing. If we need to do anything different from that stated in this letter, please notify me as soon as possible. Thanks, Fred. cc: Pete Siegmund cc: Bill Bailey Sincerely, J Greg Lewicki, P. E. Greg Lewicki and Associates Page 1 of 1 Deborah Quinn From: Deborah Quinn Sent: Monday, September 15, 2008 10:20 AM To: Kathy A. Eastley Subject: Scott Pit application Kathy, I'm getting ready to bring you back your copy of this application. When you review it, you'll see that what is being proposed is a gravel pit that will encompass about 21 acres, but it is being permitted by the state as part of an existing pit on the north side of the river, through an amendment, and the application says it is for 93.46 acres, but this is the larger area under the state permit, I think. There are two different assessor parcel ID's involved, both owned by Rivers Edge LLC., per their attached information from the assessor's office, which shows a total acreage for both "parcels" of approximately 122 acres. There is only one deed for ownership, showing ownership in River's Edge, LLC and Rocks R US, LLC. The deed is a quit claim deed, doesn't really say much about what it is they actually own, so if they have a title policy, that should be submitted. Otherwise, we'll need more deeds from the chain of title to see what it was that this quit claim deed actually conveyed to them. The adjacent ownership list, exhibit P, is from 2006 and that is out of date, although it looks like the actual assessor's map is from 2008 and shows the same owners. The ownership list should be updated Finally, many of the appendices are out of date, for example, the CDPS discharge permit expired 9/30/07 and the well permit expired 5/3/07. This is probably because they are proposing this operation to be permitted by the state as an amendment to an existing pit that has been in operation already, I think. But, they have included a highway access permit for operations of the existing pit on the north side of the river, and this application specifically states it will be on the south side, with all processing and selling to occur from the south side of the river. I guess the initial proposal permitted by the state contemplated a conveyor, with most of the processing and sales to occur from the north side. I didn't read the entire application to see how the appendices relate to the current plan, so this is more a head's up for your review rather than any completeness comment from me. 9/15/2008 Fred Jarman From: Matt Sturgeon [msturgeon@rifleco,org] Sent: Thursday, April 09, 2009 1:05 PM To: Fred Jarman Subject: Gravel Pit SUP Fred, We will get you comments by deadline. Our major issue is going to be with processing facilities. Will we be out of line and does the County have the authority or backbone (elected/appointed officials} to request a 3-D model of gravel operations so we can see true impacts to 170/Colorado River corridor? There's an outfit in Boulder, Winston Assoc., that do a real nice job modeling projects so people can comprehend impacts which often are less than perceived. See YouTube examples. http://www.voutube.comtwatch?v=Kd7bSmnQzT4 http:/1www.voutube.com/watch?v=oZAom3ntBpQ httpalwww.voutube.com/watch?v=VJTphO8YzGk httpalwww.youtube.com/watch?v=rc9Aci4oyNsk http://www.youtube.com/watch?v=QrE5GOpvDeU We are going to make the ask. We don't believe the decision making body can award an SUP without understanding the true visual impacts. Regards, Matt Sturgeon Assistant City Manager City of Rifle 202 Railroad Ave Rifle CO 81650 msturgeon@rifleco.org 970-625-6224 1 GARFIELD COUNTY PLANNING DEPARTMENT TIME TRACKING SHEET PROJECT: APPLICANT: REPRESENTATIVE: STAFF: BASE APPLICATION FEE: DATE R�{ DESCRIPTION OF WORK P RFORMED CODE Z1J�/r. HOURS Total Billable Hours Fee Calculation: Director Hrs @ $50.50 = $ Sr. Planner Hrs @ $40.50 = $ Plan. Tech. Hrs @ $33.75 = $ Secretary Hrs @ $30.00 = $ Total Fee: $ Total Other Charges: $ Grand Total: $ Base Fee (Minus): $ Balance Due: $ NOTES: I. Codes: a. CR(Completion Review) b. TE (Technical Compliance Review) c. AR (Application Review) d. RW (Report Writing) e. RA (Review Agency Reporting) f. SV (Site Visit) g. MH (Meetings and Hearings) h. TC (Telephone Conference) L GIS (Geographic Information Systems) j. AS (Administrative Support) k. M (Misc., postage, copies, fax) 2. Misc. Expense: Photo Copies ($0.25/page) 3. Fees: Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognizes that the land use application process time varies and that an Applicant should pay for the total cost of the review which may require additional billing. Hourly rates are based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost of the office will be used to establish the actual cost of County staff time devoted to the review of a particular project. SKETCH PLAN & PRELIMINARY PLAN REVIEW AGENCIES (Updated November 13, 2008) Soil Conservation Districts Mt. Sopris Soil Conservation District PO Box 1302 Glenwood Springs, CO 81602 (For the Roaring Fork Valley) BookCliff Soil Conservation District & Mount Sopris Conservation District & South Side Conservation District 258 Center Drive Glenwood Springs, CO 81601 (N. of Colo River & N&S of River when West of Rifle. Send to Southside Soil Conservation Dist. at PO Box for areas S. of the Colo River between Canyon Creek and Mamm Creek Drainage.) South Side Conservation District City/Towns Town of DeBeque PO Box 60 DeBeque, CO 81630 970-283-5531 City of Rifle PO Box 1908 Rifle, CO 81650 625-2121 Town of Basalt 101 Midland Basalt, CO 81621 927-4701 Town of Carbondale 511 Colorado Avenue Carbondale, CO 81623 963-2733 City of Glenwood Springs 101 8th Street Glenwood Springs, CO 81601 384-6400 Town of New Castle PO Box 90 New Castle, CO 81647 984-2311 Town of Silt PO Box 70 Silt, CO 81652 876-2353 or Fax: 876-2937 Attn: Town Administrator or Community Development Director Page 1 Town of Parachute PO Box 100 Parachute, CO 81635 970-285-7630 Counties Eagle County Planning Department PO Box 179 Eagle, CO 81631 970-328-8600 Rio Blanco County Planning Department PO Box 599 Meeker, CO 81641 Pitkin County Planning Department 130 South Galena Aspen, CO 81611 920-5090 Mesa County Planning Department PO Box 20000 Grand Junction, CO 81502 970-244-1636 Fire Districts Burning Mountain Fire District PO Box 2 (physical address 611 Main St.) Silt, CO 81652 876-5738 They would like 3 copies Town of Silt Fire Department Send reviews to Burning Mtn. Fire District address. Rifle Fire Protection District 1850 Railroad Avenue Rifle, CO 81650 625-1243 Grand Valley Fire Protection District PO Box 295 Parachute, CO 81635 285-9119 Carbondale and Rural Fire Protection District 300 Meadowood Carbondale, CO 81623 (963-2491) Glenwood Springs & Rural Fire Protection District SKETCH PLAN & PRELIMINARY PLAN REVIEW AGENCIES (Updated November 13, 2008) 101 8t' Street Glenwood Springs, CO 81602 Glenwood Springs, CO 8I601 945-6069 384-6480 Fire Districts con't: Gypsum Fire Protection District 511 2"d Street Gypsum, CO 81637 970-524-7101 (Dave Vroman, Fire Chief) DeBeque Fire Dept. P.O. Box 180 DeBeque, CO 81630 989-5176 (Nick Marx) School District RE -1 School District 1405 Grand Avenue Glenwood Springs, CO 81601 Attn: Shannon Pelland 384-6003 RE -2 School District 839 Whiteriver Avenue Rifle, CO 81650 School District 16 PO Box 68 Parachute, CO 81635 Eagle School District RE -50 P.O. Box 740 Eagle, CO 81631 Attn: Karen Strakbein 970-328-6321 Sanitation (Water) Districts Carbondale Sanitation District 511 Colorado Avenue Carbondale, CO 81623 970-963-2733 Consolidated Metropolitan District PO Box 6116 Battlement Mesa, CO 81636 285-9050 Robert Jasper Spring Valley Sanitation District P.O. Box 3796 Basalt, CO 81621 618-5147 West Glenwood Sanitation District PO Box 866 Page 2 Sanitation (Water) Districts con't: Mid -Valley Metropolitan Sanitation Dist. 0031 Duroux Lane, Suite A Basalt, CO 81621 963-3059 Roaring Fork Water and Sanitation District PO Box 1002 Glenwood Springs, CO 81602 945-2144 Utility Companies Holy Cross Electric PO Drawer 2150 Glenwood Springs, CO 81602 945-5491 (Roaring Fork, S. of Co. River west) Public Service Company 1995 Howard Avenue Rifle, CO 81650 Attn: Paul Jiacoletti 625-6019 (N. of Co. River west) KN Energy 0096 County Road 160 Glenwood Springs, CO 81601 (S. of Co. River, Roaring Fork Valley) Western Slope Gas Company Attn: Right-of-way section PO Box 840 Denver, CO 80201 US West Communications 2524 Blichmann Grand Junction, CO 81505 Attn: 384-0238 or 379-2094 (GWS & C'dale areas) Carson Bell (N. C., Silt, Rifle) Bob Sharpe (Rifle, B.M., Para) 970-244-4973 AT&T Cable Services 1605 Grand Avenue Glenwood Springs, CO 81601 Special Districts Park and Recreation District — Battlement Mesa i SKETCH PLAN & PRELIMINARY PLAN REVIEW AGENCIES (Updated November 13, 2008) Attn: Mary Anderson PO Box 299 Parachute, CO 81635 (970) 285-0388 State Agencies olorado Division of Minerals & Geology Department of Natural Resources 1313 Sherman St., Suite 215 Denver, CO 80203 Colorado State Forest Service 222 S. 6th Street, Room 416 Grand Junction, CO 81501 970-248-7325 Colorado Division of Wildlife 50633 Highways 6 & 24 Glenwood Springs, CO 81601 947-2920 (Canyon Creek East 8c Valley) Colorado Division of Wildlife West Regional Office 711 Independent Avenue Grand Junction, CO 81505 (Canyon Creek west Colorado Dept. of Public Health & Environment 222 S. 6th Street, Room 232 Grand Junction, CO 81501 Attn: Mark Kadnuk 970-248-7156 Colorado Division of Water Resources 1313 Sherman, Suite 818 Denver, CO 80203 303-866-3581 Attn: Crai Colorado Water Conservancy Board 1721 State Centennial Building 1313 Sherman Street Denver, CO 80203 303-866-3567 Colorado Mined Land Reclamation Board 1313 Sherman Street, Room 215 Denver, CO 80203 303-866-3567 Colorado Geological Survey 1313 Sherman Street, Room 715 Denver, CO 80203 Attn: Karen Berry 303-866-2611 Page 3 Colorado Department of Transportation 222 S. 6th Street, Room 317 Grand Junction, CO 81502 (970)248-7208 e Colorado Tramway Board 1560 Broadway, Suite 1370 Denver, CO 80202 US Forest Service P.O. Box 948 Glenwood Springs, CO 81602 Federal Agencies Department of Energy Western Area Power Administration 1800 S. Rio Grande Avenue Montrose, CO 81401 Attn: Bob Middlemiss (970) 240-6200 Bureau of Land Management 50629 Hwy 6 Glenwood Springs, CO 81601-2536 947-2800 Bureau of Land Management 2815 H Road Grand Junction, CO 81506 Bureau of Reclamation Western Colorado Area Office Northern Division 2764 Compass Drive, Suite 106 Grand Junction, CO 81506 Attn: Alan Schroeder 970-248-0600 U.S. Corps of Engineers 400 Rood Avenue, #142 Grand Junction, CO 81501 970-243-1199 US Fish and Wildlife Service Allan Pfister, Western Colorado Supervisor 764 Horizon Dr., Building B Grand Junction, CO 81506-3946 970-243-2778 fax: 970-245-6933 email: alpfister(a7fws.gov USDA, White River National Forest Service 900 Grand Avenue Glenwood Springs, CO 81601 Local Agencies Northwest Options for Long Term Care SKETCH PLAN & PRELIMINARY PLAN REVIEW AGENCIES (Updated November 13, 2008) Attn: Margaret Long PO Box 580 Glenwood Springs, CO 81602 Roaring Fork Transportation Authority 51 Service Center Dr. Aspen, CO 81611 Attn: Dan Blankenship 970-384-4999 Oak Meadows HOA P.O. Box 2715 Glenwood Springs, CO 81602 r Attn: David Pendleton \\,_ Garfield County Vegetation Management 1 oakmeadowshoa i gmail.com Attn: Steve Anthony PO Box 426 Rifle, CO 81650 santhonyAgarfield-county.comRifle, CO 81650 Phone: 625-8601 Fax: 625-8627 c/o: Leslie Lamont 0080 Bald Eagle Way Carbondale, CO 81623 Other Contacts con't: Aspen Valley Land Trust 320 Main St., Suite 204 Carbondale, CO 81623 County Agencies (970)963-8438 Garfield County Housing Authority Attn: Geneva Powell 2128 Railroad Avenue, Suite 106 Rifle, CO 81650 625-3589 Garfield County Road & Bridge P.O. Box 426, Rifle, 81650 (mailing address) 0567 County Road 352, Rifle (physical address) 625-8601 Garfield County Engineer — Randy Withee Garfield County (Assistant) Engineer -- Jeff Nelson 144 East Third Street Rifle, CO 81650 625-0973 Garfield County Oil & Gas Liaison —Judy Jordan 144 East Third Street Rifle, CO 81650 625-5691 Garfield County Public Nurse — Mary Meisner Garfield County Attorney — Don DeFord Emergency Management — Chris Bornholdt Sheriff Department — Lou Vallerio Human Services Director — Lynn Renick Other Contacts: Aspen Glen HOA Page 4 Oak Meadows Serv. Co. P.O. Box 1298 Glenwood Springs, CO 81602 Attn: Ralph Delaney (970)945-6556 Fred Jarman From: Greg Lewicki [greg©Iewicki,biz] Sent: Wednesday, May 06, 2009 3:28 PM To: Fred Jarman Cc: Bill Bailey; Pete Siegmund Subject: RE: Postpone hearing Fred: We are requesting that the Planning hearing for the Scott Pit be postponed until June 24. We will try to get all issues resolved with you over the next 3 weeks and we are asking Westwater of Grand Junction to do the Wildlife Impact Analysis. 1 hope to work with you over the next 3 weeks to reverse the recommendation in your report. Thanks. Greg Original Message From: Fred Jarman [mailto:fredjarman@garfield-county.com] Sent: Wednesday, May 06, 2009 1:45 PM To: greg@lewicki.biz Subject: FW: Hello Greg, Please see attached as promised. Thanks - Fred Original Message From: FRED [mailto:fredjarman@garfield-county.com] Sent: Wednesday, May 06, 2009 10:43 AM To: Fred Jarman Subject: This E-mail was sent from "RNPC9D6E4" (MP 5500/LD255). Scan Date: 05.06.2009 12:42:30 (-0400) 1 Fred Jarman From: Sent: To: Cc: Subject: Fred, Siegmund, Pete (Four Corners Materials) [pete.siegmund@oldcastle-materiais.com] Thursday, June 25, 2009 9:18 AM Fred Jarman greg@lewicki.biz Scott Pit Per the agreement for continuance of the Scott Pit at the Planning Commission last evening, the applicant waives any time lines with regard to the application. Let me know if you need anything further. Thanks Fred, Pete Siegmund Vice President Oldcastle SW Group, Inc. Resource/Environment 2273 River Road Grand Junction, CO 81502 Phone: 970-243-4900 Cell: 970-759-1501 1 Pie. Send A.rtpiicafion to the FolloWing Refe Agencies Application Name: Date Application Sent: Mt. Sopris Soil Conservation District X Bookciiff Soil Conservation District Town of DeBecue Cit;. of Rifle Town of Basalt Town of Calar oondale City of Glenwood Springs Town of New Castle Town of Silt Town of Parachute Eagle County Planning.Department Rio Blanco Count; Planning Department Pitkin County Planning Department Mesa County Planning Department Burning Mtn. Fire District Town of Silt Fire Department 7 Rifle Fire Protection District Grand valley Fire Protection District Carbondale Fire Protection District Glenwood Springs & Rural Fire RE -1 School District RE -2 School District School District 16 Carbondale Sanitation District Battlement 2vlesa Water & Sanitation Spring Valley Sanitation District West Glenwood Sanitation District Mid -Valley Metropolitan Sanitation Disuict Roaring Fork Vater and Sanitation District Holy Cross Electric ( Roaring Fork, S. of Co. River west) Public Service Company (2'>: of Co, River west) K.N Energy (S. of Co. River, Roaring Fork ) Western Slope Gas Company US West Communications (G.S. & C'dale area) US West Cornm.tinications (N.C., Silt. Rifle) US West Communications (Rifle, B.M.; Parachute) AT&T Cable Service Colorado State Forest Service X( Colorado Department of Transportation Colorado Division of Wildlife (GWS Office) ){ Colorado Division of Wildlife (GJ ofice) Colorado Dept. of Public Health & Environment Colorado Division of Water Resources Calc. ado Geological Survey Colorado Water Conservancy Board = Colorado Mined Land Reclamation Board.J1 \S Nall Bureau of Land Management Department of Energy — Western Area Power Admin, Bureau of Reclamation — Western Colorado Au -ca Office US Corps of Engineers Northwest Options of Long Term Care Roaring Fork Transportation Authority 5e / k 17-7/07 /0 /3 Garfield County )( Garfield County Garfield County )ki Garfield County Garfield County Garfield County Road & Bridge Vegetation (Steve Anthonv) r' Housing Authority Engineer (3cf Nolaon) -jeRt Oil and Gas Auditor (-13,at D zi ;Ma} Sherif Department -71/tc4 :j12L I / 4. -Ars;-4 57. 3 (0 nvevrv Dior Vkv CitiaCo c44 Tar REFERRAL, FORM Garfield County Building and Planning Department 108 8th Street, Suite 401, Glenwood Springs, CO 81601 (970) 945-8212/Fax: (970) 384-3470 L.,ate Sent: April 7, 2009 Return Requested: April 29, 2009 File Number/ Name(s) Project Name(s) Type of Application(s) Rivers Edge LLC / SUP11408 Scott Pit Special Use Permit Staff Planner: Fred Jarman (fredjarman@garfield-county.com) Phone: (970) 945-8212 Applicant: Rivers Edge LLC Phone: (970) 625-5644 Contact Person: Greg Lewicki, P.E. Phone: (303) 346-5196 Location: '/2 mile east of Rifle & immediately north of I-70. Parcel # 2177-151-00-054 in Sec. 15, T 6S, R 93W within the McLearns Orchard Lands Lot 1 — 11. Summary of Request: Request is for a Wet Gravel Pit east of Rifle between Colorado River and 1-70. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporate them into the Staff Report, we request your response by Wednesday April 29, 2009. GARFIELD COUNTY Vegetation Manager- Steve Anthony GarCo Airport Manager: Brian Condie County Engineer: John Niewoehner County Attorney COLORADO STATE Division of Water Resources Colorado Mined Land Reclamation / r7nnee Colo. Dept, of Public Health & Environ. Colorado Geological Survey Colorado Dept. of Transportation Colorado Division off" Wildlife US Corps of Engineers DISTRICTS/SERVICES Rifle Fire Protection District City of Rifle Planning Dept. Bookcliff Soil Conservation District Planning Commission BOCC RECEIPT RECEIVED FRAM ADDRESS DATE WeMIMI Ivo oic 3374 AMT. OF ACCOUNT AMT. PAID 23-BOf102D 3100 BALANCE DUE For MONEY ORDER BY COLORADO STATE BANK and TRUST Highlands Rah Banking Canter 9991 5. University' Blvd. Highlands Bauch, Colorado 80L20-7933 (303) 31as 0 L0 200060 7': 26,11 760 200 :Clarke Amer* 75, 00 a,c�,e r A.fl Dollars 88 3374 4).z9e.'el GUARDIAN9SAFETY BLUE WOBL United Companies U11TfO COM PANICS Scott Pit Permit Approvals BEFORE THE CITY COUNCIL OF THE CITY OF RIFLE, COLORADO CONCERNING THE APPLICATION FOR A WATERSHED DISTRICT PERMIT OF OLD CASTLE SW GROUP, INC. D/B/A UNITED COMPANIES OF MESA COUNTY TO OPERATE A GRAVEL PIT KNOWN AS THE SCOTT EXPANSION TO THE CHAMBER'S PIT IN THE COLORADO RIVER WATERSHED FINDINGS OF FACT, CONCLUSIONS OF LAW AND APPROVAL OF WATERSHED DISTRICT PERMIT NO. 3-10 L BACKGROUND 1. On September 1, 2007, Old Castle SW Group, Inc. d/b/a United Companies of Mesa County (the "Applicant" or "United Companies") applied to the City of Rifle (the "City") for a watershed district permit to operate a sand and gravel pit, including primary crusher/screen facility, receipt and processing of recycled materials, asphalt batch plant, concrete plant, and associated fueling facility for on-site operations (the "Project") on property located in Section 15, T6S., R93 W., 6'i' PM. The Project is located across from the City's Colorado River raw water intake structure and sedimentation pond within the City's Watershed District jurisdiction, and the application was submitted pursuant to City of Rifle Ordinance No. 22, Series of 1994, codified in Article II of Chapter 13 of the Rifle Municipal Code, as amended ("RMC" or "Watershed Ordinance"). 2. For the purposes of this permit (the "Permit"), the application shall consist of the watershed permit application and application notebook prepared by Greg Lewicki and Associates dated September 1, 2007, Revised November 2008, Revised February 2009, and finally Revised May 2010, including the Watershed District Permit Application, general location map, DRMS Scott Expansion approval letter dated August 31, 2004, Conditional Letter of Map Revision approval by FEMA dated July 31, 2008 with supporting info, illation from Tetra Tech dated April 16, 2008 and November 7, 2007, Huddleston -Berry Report dated April 30, 2008 with Tetra Tech Report dated August 6, 2008, In -Flow and Out -Flow Examples and narrative, Garfield County Land Use Change Application, mining plan, reclamation plan, and SPCC plan, all correspondence and materials submitted to the City by the Applicant or its agents, as well as all representations, whether oral or written, made as part ofthe application and public hearing process. These items shall be collectively referred to herein as the "Application." 3. Following the receipt and review of the Application, Jeff Simonson, P.E. of Sehmueser Gordon Myer, Inc., Consulting Professional Engineer for the City, submitted his findings to the City regarding the Project in a letter dated May 11, 2010, which is attached hereto as Exhibit A and incorporated herein by this reference (the "Simonson Letter"). Because the Project is located immediately adjacent to the City's raw water intake facilities and in the Floodway with a probable chance for interaction of the Colorado River with the raining activities that could alter the equilibrium profile of the Colorado River streambed and shift the river away from the City's intake, site activities will ultimately expose ground water which increases the potential for impact to the I:1ClienlalRif1e12RIRR-10(9)1Jnited-180211Docus ants\WSPersnit03-1O.wpd City of Rifle, Colorado Watershed District Permit No, 3-10 Scott Expansion to the Chambers Gravel Pit Old Castle SW Group, Inc. d/b/a United Companies of Mesa County ground water recourse from spills within the Project, and the Project will discharge high TDS water into the Colorado River via a settling pond, the Simonson Letter categorized the Project as an "Impact" under the City's Watershed Ordinance. The Simonson Letter further concluded that, so long as the Project is operated in compliance with the Application and conditions contained in the Simonson Letter, the Applicant will be applying mitigation techniques which are acceptable in light of the standards of practice employed by the industry. 4. Any and all other permits issued or to be issued by county, state andlor federal agencies in relation to the operation of the Project are incorporated herein by this reference. II. FINDINGS OF FACT 5. The proposed activity is within the defined boundaries of the City's Watershed District as defined in RMC §13-2-20, specifically within five (5) miles of the City's Colorado River municipal water diversion and intake structure. The proposed activities include the operation of a gravel pit. 6. The Application filed by the Applicant is complete. 7. The Applicant has paid the application fee required under RMC §13-2-110. 8_ A duly noticed Public Hearing was held before the Rifle City Council (the "Council") on May 19, 2010. At the hearing, Mike Russell, attorney for United Companies, made opening statements regarding the City's jurisdiction on this matter and Greg Lewicki with Greg Lewicki and Associates, consultant for the Applicant, provided a power point presentation regarding the Application and the Project. Pete Siegliund with United Companies also provided testimony regarding the Application and the Project. City Attorney Jim Neu explained to the Council its jurisdiction on this matter and that it's authority was limited to the protection of the City's water quality and supply. Jeff Simonson answered questions regarding the activities proposed by the Applicant and explained the provisions of the Permit and the terms and conditions set forth in the Simonson Letter. The City Council asked questions regarding the Application and the Project and expressed its appreciation to the Applicant for the changes made to the Application and its willingness to work with the City. Testimony was opened up for members of the public and nobody stepped forward. 9. With the performance of the conditions contained in the Application, this Permit and the Simonson Letter, and based upon the Applicant's testimony, the Council finds that adequate measures are in place for the proposed activities to mitigate foreseeable risk of significant injury to the City's waterworks or pollution to the City water supply, so long as the Applicant adheres to all of the conditions stated in the Application, this Permit and the Simonson Letter. The City Council therefore finds and determines that the issuance of the Permit requires the inclusion of conditions LtCliente Ri11e120101R-10(4)United-180211?acuntentAW SPeimit03.10.wpd -2- City of Ripe, Colorado Watershed District Permit No. 3-10 Scott Expansion to the Chambers Gravel Pit Old Castle SW Group, Inc. d/b/a United Companies of Mesa County as set forth in the Application and the Simonson Letter, and as outlined above, that such conditions are necessary to prevent a risk of injury to the City's water works and pollution of the City's water supply, and that such conditions are authorized pursuant to RMC §13-2-140. III. COJCLUSIO S OF LAW AND ISSUANCE OF PERMIT 10. The foregoing Findings of Facts are incorporated herein by reference. 11. The City has jurisdiction over the proposed activity pursuant to RMC § 13-2-20 and City of Rifle Ordinance No. 22, Series of 1994. 12. Based on the evidence presented at the Public Hearing and the Simonson Letter, the Council hereby determines that this decision shall constitute a Watershed District Permit for the operation of the Project as more fully outlined in the Application. The conditions of approval recommended by Mr. Simonson in the Simonson Letter are hereby approved and adopted by the Council as conditions of approval of this Permit. In addition, all representations, whether oral or written, made by the Applicant and/or its agents as part of the application and public hearing process shall be conditions of approval of the Permit. To ensure compliance with the conditions contained herein and the Application, the City and its consultants shall inspect the Project in a frequency it deems necessary and the Applicant agrees to reimburse the City the reasonable costs the City incurs from its consultants. 13. All conditions of approval contained within any permit issued to the Applicant for the Project by any county, state and/or federal agency shall be deemed conditions of approval of this Permit. All such permits and approvals must be finalized and issued prior to the start of any mining operations. Any violation of the conditions of any other such permit issued shall be deemed a violation of this Permit. 14. A copy of this Permit shall be sent by certified mail, return receipt requested, to the Applicant. 15. Pursuant to RMC § 13-2-110, the Applicant shall reimburse the City for all outside professional services, including but not limited to engineering, legal, consulting, publication and copying fees associated with the review and processing of the Application. 1;1Clients\Rif1e120 € O\R.10(9)United-18021Documents\WSPerinit03.10.wpd -3- City of Rifle, Colorado Watershed District Permit No. 340 Scott Expansion to the Chambers Gravel Pit Old Castle SW Group, Inc. d/b/a United Companies of Mesa County 16. This Permit shall not be effective until approved by the City and agreed to by the Applicant. Dated this day of , 2010. By ATTEST: City Clerk CITY OF RIFLE, COLORADO Mayor This City of Rifle Watershed District Permit No. 3-10 is accepted and agreed to this Z1 — day of May , 2010. UNITED COMPANIES OF MESA COUNTY Ale By: „Pe Print name and title I:1C]ientAttif1e12010U-10(9)Uni[ed-18621DoeumentOVSPemiit03-10.wpd 4- • and;e(Le �ir 5t 417 r • 1 1 SC}iM ESER G.ORDOW t MEYER' E Nj0 ITN E: E R� 5 i 5 U E V E Y O R 5 1 1 May 11,2010 • ; Mr, Rod Hamilton, PLS Public Works Director • City ofRifle PD, Box.1908 . Rifle, CO 81650 .......:... Mr. James Neu, Esq:.._....... . . ........ Leavenworth and Karp, P,C.. P.O. Box 2030 .,..... Glenwood Springs, CO '81602 EXHIBIT RE: United Companies, Re -submittal of the Watershed District PerrrtitApplfcation for the Scott Expansion of the Chambers Pit on the Colorado River Intake Watershed GLENWOOD .SPRINCs 1 1 6 WEST SIXTH STREET, SUITE 200 GLENWOOD SPRINOS, CO 81601 970.945.1 004 970,645.6948 FAX Dear Rod and Jim, The purpose of this letter is to follow up our review and comments regarding the re- submittal of the Watershed District Permit Application for the Scott Expansion of the Chambers Pit on the Colorado River Intake Watershed. This application re -submittal has been prepared by Greg Lewicki and Associates. The prior submittal considered the request of a watershed permit for three (3) mining areas located directly south of the City's water intake facilities to the Rifle Pond. As you recall, the City had a variety of concerns with the application as the proposed mining was to occur in the floodplain and floodway of the Colorado River, Subsequent reviews and a hearing in front of City Council considered granting the applicant a Watershed District Permit with a variety of conditions, The applicant's review of the subsequent conditions caused the applicant to reconsider the proposal and this subsequent application re -submittal has been received. Generally, the recent application submittal consists of a bound book prepared by Greg Lewicki and Associates dated as revised April 2010 containing the following information: 1. April 2010 Watershed Permit Application 2. General Location Map 3. DRMS Scott Expansion approval letter of 2004 4. Conditional Letter of Map Revision Approval by the Federal Emergency Management Agency w/supporting information from TetraTech. 5. Huddleston -Berry Report on Bank Stability 6. Inflow/Outflow Examples 7. Maps C1-C4 and F1 -F3 8. Compact Disc containing referenced information in the re -submitted application ASPEO i 01 FOUNDERs PL -40E, UNIT 102 PO Sox 2155 ASpEH, CO 81 61 1 970.925,6727 970,925.41 57 FAX Cses-r D BUTT[ 407 FOURTH STREET PO Box 3088 C9ESTED SUITE, 00 81 224 970.349.53 55 970,349,5358 FAX 0nAN , JUNO'i KSN 1•1GkHEfl 573 WEST CRETE CIRCLE. 320 THIRD STREW BUILO[NG 1 , Surte 205 MEenept, co 81641 GP:Aso dU}2cT3oh1, CO 81 505 970.578.51 80 970.245.2571 970,578,4181 Fax 970,245.2871 FAX SCHMUESER I GORDON I MEYER CLASSIFICATION Based upon our review and analysis set forth below, we recommend classifying the project as an "impact" since the proposed activity is immediately adjacent to the City's intake facilities and is part of a cumulative series of minor impacts from similar activities 'and g'as industry development on both sides of the river upstream from the City's potable water intakes. ANALYSIS The proposed activity includes sand and gravel mining activities and associated operations including primary crusher/screening facilities, receipt and processing of recycled materials and an associated fueling facility. The site is located on the south side of the Colorado River across the river from the City of Rifle's Colorado River water supply intake(s). Activities on the site will be ongoing for approximately 4 to 6 years depending on the demand for the mined materials. The site activities will ultimately expose ground water which increases the potential for impact to the ground water resource from both minor and major spills within the project. The ground water flow Is in a westerly direction and tributary to the Colorado River above the City's intake (alternate point of diversion) for pit mining activities that will occur in Mining Area 2 (Phases 3 — 5). Surface runoff from the project will be contained within the project site, therefore, erosion and discharge of sediment to the river system is not a significant risk for the City. Dewatering operations for the project will discharge high TDS water into the Colorado River via a settling pond. Such activities are regulated by the Colorado Department of Public Health and Environment through a Process Water and Storm Water Discharge Permit Process. While such discharges may be permitted by the State due to the high dilution factor in the Colorado River, the City needs to be aware of such discharges and should be copied with the discharge monitoring data on a regular basis such as quarterly reports. The application provides a SPCC plan for the ancillary uses 'associated with the mining activities. Upon installation of the fuel storage tank for mining activities and upon preparation of the SPCC plans provided for the asphalt plant, concrete plant and crushing/screening plants, a specific SPCC plan will be prepared and certified by a registered professional engineer that the plan(s) meets industry standards and the requirements in 40CFR112 regarding oil pollution prevention. The City will need to be provided a copy of the approved (by the State Oil Inspector, CDPHE, EPA, etc...) SPCC plans when prepared. As noted in the current SPCC plan, the City of Rifle is included on the notification and emergency contact list in the case of a fuel spill. One of the greatest concerns that the City has had regarding this application is the fact that this mining activity is located not only within the floodplain of the Colorado River but within the floodway._ There is a chance for interaction of the Colorado River to exist with the mining activities as the mining areas are also subjected to the 10 year flood on the Colorado River. Because the mining activities will create a pit with a bottom elevation of f :SC IMIJESER 1 GuR€ ON 1 MEYER fthl F:E R S I R s i Il • '...... -ry., . h . ` upwards to 25 feet below the bottom of the adjacent river bed, without proper mitigation I effortsimplernented,•there is. :that __..� ....._. � the •equllilariurrr profile of the Gatorade River .........I...._„steparrmbeci.cauld:bec.ome altered...As a result this -'could create a significant chance that • the river would "shift" away from the City's .waterworks intakes. This is commonly '.. ' _........__- referred to...as `pit capture". Gerierally,,'aIacally steeper hydraulic gradient is created ...._•_.....upnn. the. flood waters entering. the pit at the• upstream end of the pit. With the locally steeper Hydraulic gradient being created, the erosive forces from the stream are increased• beyond the natural.' armoring that. has been developed by the stream and . "head cutting"'ensues tothe point. that the stream .has reached a new equilibrium. This ......• ........."head ,cutting" often.. results in ,the. realignment. of the river channel as is observed with the old CDOT pit adjacent to the Union Pacific 'railroad tracks, just upstream of the •..:...,..Highway•13 crossing of the Colorado River. - . • • . ° TO mitigate the potential for pit capture to occur, follo`vrring: • • the applicant has proposed the Develop and maintain the buffer (in excess of 100 feet) between the defined channel of the Colorado River and the start of the closest pit. 2. The re -submittal has removed a significant mining area from the prior application. 3. The applicant has made a commitment to submit an annual report to the County with GPS measurements shown on a map showing the current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures, what areas have been seeded, mulched and what is planned for the ensuing 12 months. 4. The applicant has proposed armoured/erosion protected inflow/outflow areas for each mining area to allowed "controlled" filing of the mining areas during flooding events. CONCLUSIONSIRECOMMENDED CONDITIONS With the impacts identified, the applicant has identified mitigation techniques which are, in our view, acceptable in light of the standards of practice employed by the industry. If council concurs and elects to grant a watershed permit to the applicant, we would recommend the following conditions be stated: 1. The Applicant shall maintain and comply with its CDPHE Process Water and Storm Water Discharge permit. The Applicant shall submit a copy of its discharge reports to the City on a quarterly basis for the activities in Mining Area 2. MUESER1 G'ORDON EVER N;R I;N E;E R S I S U R V E Y O N S. �. i1 ' i !2. ' i The City of Rifle 'shall be included on the notification list and emergency contact .. -- : --list-in each SPCC for the site. as well as for:any revisions or modifications to ' • ;_those..;plans.. ,.W .nate that the proposal anticipates that each specific piece of .z_ : • equipment will come "supplied" with an individual SPCC plan that the City will need -to. revievir'arid' concur v&ith prior to placement Within a mining area and/or I ,... i_.use......TheCity's point of contact for.the SPCC plans shall be the water plant at 1 . 3 970-625-2841 or the "on call" cell number at 970-379-6398. Note that the City is identified in the text of the SPCC plan as being notified, however, the phone numbers, above are -not correctly listed. As well, the placard in the appendix of .,,, .,...'... _I, ..;... I the SPCC plan fails to require notification to the City. `' The • project shall be subject to periodic inspections by the City and/or its i....._...'...consultants... This .project shall. be included in the bi-annual inspection list for i. : active Watershed District Permits.- The applicant shall be responsible for all ,. •....._......._....-..-.co'sts associated'with such inspection. During the rip rap and erosion control mat ................installation phases of the project, the City and/or its consultants will need to be present to observe that armoring of the upstream banks of the mining pits are properly performed: During the construction of the fuel containment facilities --•detailed'in each SPCC plan; the City and/or its consultants will also need to be present to confirm proper construction. For all work activities, the operator will need to notify the City at least 2 weeks prior to such work activities so as to allow the City the opportunity to assure adequate resources are available to monitor these activities. 4. In the event Colorado River channel migration (not necessarily pit capture) occurs (from the north) and reduces the specified 100- foot buffer between the mining excavations and the river channel. The Applicant will need to provide the necessary bank stabilization to re-establish the 100 -foot buffer. If a recurrent problem exists towards loss of the 100 -foot buffer, then a permanent solution towards maintaining the 100 -foot buffer needs to be provided by the applicant for the City's review and approval. 5. Provide the most recent signature block (public works director) on the mapping for the City to indicate concurrence of the mapping to the DRMS for the watershed permit. 6. The CLOMR provides a variety of conditions that need to be met in order for the activity to eventually be granted a LOMR. It will need to be clear that the applicant will need to follow with all financial resources to complete the eventual application for the LOMR as well as all submittal and review fees. The LOMR will need to be applied for by the applicant upon the completion of mining and prior to the DRMS releasing the reclamation bond for this activity. t" I i i 1 i 1r : ' ,SC'HMiJESEf - CORDON I MEYER : E NSG I E? E. Ft 5 1 5 U R y E Y O R 5 I I 1 1 —•.-._........_-,...:......_,t,_7..!__.-..The :operater of the pit shaft coordinate installation activities -with the City such as for rip rap.,ipstailation,:inflow/outflow structure construction,, etc.. In this manner, the City Mite abte to coordinate inspections` and testing accordingly. : ' 8, .provide.:..the. City....a....eopy, of. the...annual. report . to.. the County by which the comtnitrnent has been made that with GRS Measurements shown on a map -"showing the ctirrent`disturbande;'_wltat.areas' have' been backfilled, where topsoil stockpiles are located,. all site structures,• what areas have been seeded, mulched and what ,is planned for the ensuing 12 month. in addition, the GPS measurements will -confirm the location of the south edge of the top of bank for the : -'•active' channel of the -Colorado River.from the east limits of the permit area to the nest limits, Please call if.you have any.questions or need .additional information. _ Sincerely, R GOR©ON MEYER, INC.. S. Simonson, P.E., C.F.M. CC: City of Rifle staff 1:11999199055a12871corresp\May 11 Scott Pit Letter to Rod -doe STATE OF COLORADO IVIS1ON OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St, Room 215 Denver, Colorado 80203 Phone: {303) 866-3567 FAX: {303} 832-8106 May 3, 2010 Ben Langenfeld Greg Lewicki and Associates 11541 Warrington Court Parker, Colorado 80138 COLORADO. DIVISION OF RECLAMATION MINING —&— SAFETY Bill Ritter, jr. Governor lames 8. Martin Executive Director Re: Chambers Pit, M -197-2O5, Technical Revision, TR -04, Chdnge to Mine and Reclamation Plan Phasing, Approval. Dear Mr. Langenfeld, The Division of Reclamation, Mining, and Safety (DRMS) received United/ Old Castle's request for a Technical Revislon.(TR) for the above referenced permit on April 6, 2010. The revision Is for the rephrasing of mining, retraction of undisturbed Iands front the affected area and contemporaneous reclamation requirements. On May 3, 2010 DRMS staff received clarifications and corrections to requested issues noted on April 19, 2010. It appears=all issues, have been addressed completely with the response. Therefore, staff is pleased to inform United Old Castle that TR -04 is approved. A reclamation liability estimate was not undertaken. The current bond held of $212,000.00 appears to be adequate given no disturbance on site, concurrent reclamation cornmitments, and a reduction of total affected areas, If you need additional information please contact me at the Division of Reclamation, Mining and Safety, Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, or by telephone no. 970.241.1117. G, Russell Means Environmental Protection Specialist II Office of Mined Land Reclamation Office of Denver • Grand Junction • Durango Active and Inactive Mines �-c Permit Number COG -500000 Facility Number COG -500119 CORMS Permit No. M-1979-205 Page 1 Colorado Discharge Permit System Regulations CERTIFICATION under DISCHARGES ASSOCIATED WITH SAND AND GRAVEL MINING AND PROCESSING OPERATIONS (AND OTHER NONMETALLIC MINERALSEXCEPT FUEL) Category 07, Subcategory 1A, Current annual fee 5270 (CRS 25-8-502) This certification specifically authorizes Oldcastle SW Group Inc., dba United Companies of Mesa County to discharge in accordance with the General Permit for Sand and Gravel Mining and Processing Operations (and other nonmetallic minerals except fuel). All correspondence relative to this facility should reference the specific facility number, COG -500119. Permittee Oldcastle SW Group Inc., dba United Companies of Mesa County P.O. Box 3609 Grand Junction, CO 81502 Phone: 970-243-4900 Contact Bill Bailey, Rifle Area Manager Phone: 970-625-3738 Fax: 970-625-5605 Coverage Under This Renewal Permit The Division has recently renewed this general permit. Permittees who have been covered under the previous general permit and reapplied in a timely manner will automatically be covered under this renewal general permit without lapse in permit coverage. Permit fees previously paid will also automatically be transferred to this renewal general permit. Permittees will need to comply with the terms and conditions of the new permit beginning July 1, 2008. In the interim, the permittee shall comply with the terms and conditions set in the previous certification. As before, only discharges to surface waters of the State are covered. The Colorado Division of Reclamation, Mining, and Safety (CORMS) has authority over discharges to ground water from sand and gravel mining and processing operations. There have been several changes to the permit. Please see the rationale. oject Name, Activity and Location Rifle Pit (Chambus Pit) — The facility is located at 27858 US Hwy 6 & 24, Rifle (Garfield County), CO; Latitude: 39.53362° north, longitude: 107.74598° west. Construction sand and gravel are produced at this site. Ground water is discharged from the site. Ouifalls Outfalls OOIA Description Estimated Flow Rate The discharge from a settling pond located in the central western portion of the site, prior to entering the Colorado River. Avg.= 1.224 MGD Effluent Parameters The discharge goes to the Colorado River, within Segment 01 of the Lower Colorado River Sub -basin, Lower Colorado River Basin. This segment is found in the Classifications and Numeric Standards for the Lower Colorado River Basin (Regulation No. 37; last update effective March 1, 2008). Segment 01 is designated as Reviewable and is classified for the following beneficial uses: Aquatic Life, Class I (Cold); Recreation, Class la; Water Supply; and Agriculture. Effluent Limitations and Monitoring Requirements for Permit, Part LB.1.b.—Construction S&G Parameter Limitations 30 -Day 7 -Day Daily Avg. Avg. Max. Rationale Monitoring Sample Frequency. Type General Permit Requirements Flow, MGD Report NA Report Discharge Evaluation Continuous / Recorder / Instantaneous2 In-situ 2 pH, s.u. Oil and Grease, mg/I Total Suspended Solids, mg/1 N/A N/A 30 NA NA 45 6.5-9.0 10 NA Water Quality Standards State Effluent Regulations State Effluent Regulations 2 Days/Month 2 Days/Month 2 Days/Month Grab Visual 3 Grab Site -Specific Requirements Total Dissolved Solids, mg/1 Report NA Report Salinity Regulations Quarterly If power is not available, flow may be measured on an instantaneous basis. Facility shalt monitor flow 2 days / month. - If a visual sheen is noticed, a grab sample must be taken and analyzed for oil and grease ISSUED: JUNE 16, 2008 Grab EFFECTIVE: JULY 1, 2008 EXPIRATION: JUNE 3Q, 2013 Permit Number COG -500000 Facility Number COG -500119 CDRMS Permit No. M-1979-205 Page la Other Conditions Chemicals The permittee did not specify any chemicals for use in waters that may be discharged, On this basis, no chemicals are approved under this permit. Prior to use of any applicable chemical, the permittee must submit a request for approval which includes the most current Material Safety Data Sheet (MSDS) for that chemical. Until approved, use of a chemical in waters that may be discharged could result in discharge of pollutants not authorized under the permit. Antidegradation An antidegradation (AD) analysis may apply in the future if additional parameters are added to this certification. No current limits are water quality -based, thus antidegradation does not apply. Groundwater Contamination If groundwater contamination is encountered, then the permittee is to contact the Division and, if appropriate, the owner of the collection system receiving the discharge, Since the discharge of contaminated groundwater is not covered under this permit, the permittee shall immediately apply for a groundwater remediation certification, which will include appropriate requirements for additional discharge monitoring and on-site environmental response capabilities, Sampling Sampling shall occur at a point after treatment, or after the implementation of any Best Management Practices (I3MPs). If BMPs or treatment are not implemented, sampling shall occur where the discharge leaves control of the permittee, and prior to entering the receiving stream. Samples must be representative of what is entering the receiving stream. Monitoring and Reporting Discharge Monitoring Reports (DMR) must be submitted quarterly as long as the certification is in effect. The permittee shall ovide the Division with any additional monitoring data on the permitted discharge collected for entities other than the Division. ibis will be supplied to the Division within 48 hours of the receipt of the data by the permittee. This certification to discharge is effective long term. For termination of permit coverage, the permittee must initiate this by sending a Letter to the Division requesting the permit certification be terminated. Best Management Practices The permittee shall implement and maintain Best Management Practices (BMP) for the prevention of erosion and the control of solid and liquid pollutants due to the discharge. BMPs include various options, such as: modification of the pipe discharge structure to disperse flows; containment of water by hay bales or other comparable structures; the use of geocloth, filter fabric, or plastic sheeting for protection of containment structures; rip -rap; and/or any other approved methods. Stormwater Management Plan See Part I.C. of the permit for stormwater requirements. At the time of application, the permittee certified that they had developed and implemented a Stormwater Management Plan (SWMP) for this facility. The permittee shall amend the SWMP whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the State, or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with mining activity. A copy of the SWMP must be kept on site and provided to the Division upon request. The General Permit for Sand and Gravel Mining and Processing Operations (and other nonmetallic minerals except fuel) is attached. The permittee should review this permit for familiarity with all of the permit requirements. If the permittee has questions related to this certification that cannot be answered by a review of the permit, the permit writer should be contacted, Permit Writer Erin Scott 303-692-3506 May 27, 2008 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 08GA1230F 5 2009 DATE ISSUED: kU?, INITIAL APPROVAL ISSUED TO: Old Castle SW Group Inc. dba United Companies of Mesa County THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and gravel pit, known as Scott Pit, located at 2.2 miles west of the Mamm Creek exit on the 1-70 Front Rage Road, Grand Junction, Garfield County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Material extraction, handling, stockpiling, hauling, and associated conveyors and transfer points. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et sett), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions from processing equipment and transfer points shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity,for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.& 4.) 2. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Daily records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,II.A.4) Sand and gravel production shall not exceed 12,989 tons per day and 510,000 tons per year. 4. Fugitive particulate emissions shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, II.A.4) Particulate Matter: 4.5 tons per year PM10 (Particulate Matter<10 microns): 1.8 tons per year. Note: Compliance with these fugitive emission limits shall be demonstrated by not exceeding the production limits in condition number 3 and by following the attached particulate emissions control plan. 045116921001 Page 1 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Old Castle SW Group Inc. dba United Companies of Mesa County Permit No. 08GA1230F INITIAL APPROVAL 5. Emissions of air pollutants from transfer points shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Reg. 3, Part B, ILA.4) Particulate Matter: 0.66 tons per year PMro (Particulate Matter<10 microns): 0.32 tons per year. 6. This permit is for the activities specified above; any additional process equipment (i.e. crushers, screens, etc.) to be located at this site must have a separate permit from the Division. (Reference: Reg. 3, Part B, 111.E.) 7. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting Tess than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 8. All conveyors and transfer points will be subject to the New Source Performance Standards requirements of Regulation number 6, Subpart 000 whenever there is primary crushing capacity greater than 150 tons per hour (portable equipment) or 25 tons per hour (fixed equipment) at this location as follows: a. Visible emissions from conveyors and transfer points shall not exceed 10% opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) b. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. c. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. d. Compliance with opacity standards shall be demonstrated according to § 60.11. 045/1692/001 Page 2 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Old Castle SW Group Inc. dba United Companies of Mesa County Permit No. 08GA1230F INITIAL APPROVAL e. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) 9. Within one hundred and eighty days (180) after commencement of operation, the applicant shall submit to the Division for approval an operating and maintenance plan for all control equipment and control practices, and a proposed record keeping format that will outline how the applicant will maintain compliance on an ongoing basis with the requirements of condition nos.: 3, 4 and 5 listed above, The operating and maintenance plan shall commence at startup. (Reference: Regulation No. 3, Part B, Section III.G.7.) 10. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source within 18 months after either the date of issuance of this initial approval permit or the date on which such construction or activity was scheduled to commence as set forth in the permit application associated with this permit; (ii) discontinues construction for a period of eighteen months or more; or (iii) does not complete construction within a reasonable time of the estimated completion date (See General Condition No, 6,, item 1.). Upon a showing of good cause by the permittee, the Division may grant extensions of the permit. (Reference: Regulation No. 3, Part B, Section III.F.4.) By: Sunday"A. adeyi, P.E (1 Permit Engineer 045116921001 Page 3 of 6 R K Hancock -111, P.E. Unit Leader Colorado Department of Public Health and Environment Air Pollution Control Division Old Castle SW Group Inc. dba United Companies of Mesa County Permit No. 08GA1230F INITIAL APPROVAL Notes to permit holder: 1. The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2. This source is subject to the Common Provisions Regulation Part 11, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part 11.E.1 of the Common Provisions Regulation. 3. The emission levels contained in this permit are based on the following emission factors (any change in operations may change these factors): Particulate Matter: 0.0026 pounds per ton of sand and gravel Particulate Matter < 10pm (PM10): 0.0012 pounds per ton of sand and gravel Fugitive Particulate Matter: 0.0176 pounds per ton of sand and gravel Fugitive Particulate Matter < 10pm (PM10): 0.0071 pounds per ton of sand and gravel 4. This source is classified as a: Minor source. At a: Minor facility. 045(1692/001 Page 4of6 Colorado Department of Public Health and Environment Air Pollution Control Division Old Castle SW Group Inc. dba United Companies of Mesa County Permit No. 08GA1230F INITIAL APPROVAL PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Mining and Processing Activities - Visible emissions not to exceed 20%, no off -property transport of visible emissions. b. Haul Roads - No off -property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off -vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be compacted and revegetated within one year. 3. Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 30 m.p.h. Speed limit signs shall be posted. 5. Vehicle speed on haul roads and service roads shall be restricted to 30 miles per hour. Speed limit signs shall be posted. 6. Unpaved haul roads shall be treated with chemical stabilizers per manufacturer's recommendations and watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. 7. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 8. Topsoil stockpiles shall be watered as necessary to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 9. Finished stockpiles shall be partially enclosed. 10. All disturbed areas shall be treated with chemical stabilizers per manufacturer's recommentdations and watered frequently. 11. Plant entryway, truck service roads, and concrete batching areas shall be graveled. Watering shall be implemented if emission guidelines above are not met. 045196921001 Page 5 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Old Castle SW Group Inc. dba United Companies of Mesa County Permit No. 08GA1230F INITIAL APPROVAL GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7- 114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments roust be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section 111.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, 'twill provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date, 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7- 114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section IIl.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. lfa source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. 045/16921001 Page 6 of 6 UNITED COMPANIES UflfflJ COMPANIES SCOTT PIT STORMWATER MANAGEMENT PLAN In Conformance with the Guidelines set by: Colorado Department of Public Health and Environment Water Quality Control Division Prepared for: Oldcastie SW Group, Inc. dba United Companies 2273 River Rd. Grand Junction, Colorado 81502 (970) 243 - 4900 Date: Prepared May 2010 Grey, Lewieki And Associates 11541 it\ air? iso ton Court Phone: (303) 346-5196 Fax (303)-346-6934 Poitcr, CO USA 80138 E -Mail: inliya'lewirld.b z Stormwater Management Plan Scott Pit May 2010 Facility Name: Facility Type: STORMWATER MANAGEMENT PLAN (SWMP) Scott Pit Sand and Gravel Processing, Asphalt and Concrete Production Date Initial Operations Started: Not Started Facility Mailing Address: Oldcastle SW Group, Inc. dba United Companies 2273 River Rd. Grand Junction, Colorado 81502 (970) 243 - 4900 Facility Location Address: Scott Pit 00001 County Road 315 Rifle, CO 81650 Management Approval Statement: This SWMP plan is fully supported by the management of Oldcastle SW Group, Inc, dba United Companies (United Companies). United Companies will implement this plan and amend it as needed due to expansion, modifications and improvements at the facility. I certify under penalty of law that a completed Stormwater Management Plan, in compliance with Part I.C. of the permit, has been prepared and implemented for my facility. Based upon my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my knowledge and belief, true, accurate, and complete, and implemented as written. I am aware that there are significant penalties for falsely c rtifying the completion of said SWMP, including the possibility of fine and im ''so i-nt ,i owing violations. Pete Siegmun ice resident Stormwater Management Plan Scott Pit May 2010 INTRODUCTION This Stormwater Management Plan is prepared to mitigate potential impacts to Waters of the U.S. (Colorado River) resulting from operations at the Scott Pit by United Companies in Garfield County, Colorado. Water quality, drainage, monitoring and pollution control are addressed in this report. Adherence to this plan will allow United Companies to contain potential pollutants on the site and have a plan of action for minimizing the risk of contaminating surface waters. KEY ELEMENTS OF THIS PLAN • Process Water (water used for gravel washing, dust control, and groundwater.) shall be contained within the pit and routed to a sump before being discharged off site. The process water will be filtered using a gravel berm prior to entering the sump. • All disturbed areas will drain to Mining Area 1 or Mining Area 2, with the exception of a small portion of the access road to Mining Area 1. • Stormwater from rainfall or snowmelt will inadvertently mix with process water or become process water if it flows across the active mining area and shall be contained within the pit and routed to a sump before being discharged off site. The process water will be filtered using a gravel berm prior to entering the sump. • Any discharge of Process Water to surface waters or to groundwater will be regulated through the National Pollutant Discharge Elimination System (NPDES) and requires a permit. United Companies will obtain a Discharge Permit to allow discharge of Process Water from the pit. • Any discharge of Process Water from the site shall be sampled and tested for pH, Total Dissolved Solids, and Total Suspended Solids. The person sampling the discharge shall evaluate the flow rate and look for the presence of any oils (oily sheen). • The only acceptable methods of managing on-site stormwater runoff are to contain it for Use in Operations, for Infiltration into the ground, for Evaporation into the air, or Discharge to the River after filtration. • Sediment is classified by the State as a potential pollutant, which can negatively affect the quality of stormwater discharges. Loose sediment from mining, removal of topsoil, gravel washing, etc. will be contained on-site completely and not be allowed to be carried off-site by storinwater. Erosion control methods such as revegetation or paving will be implemented on the site to control sediment migration during storinwater runoff events. • The best method of managing site runoff water quality is to remove and properly dispose of any site contaminants that could be transported by stormwater runoff. All activities that could produce pollutants will be restricted to specific areas. The designated area is the facility area in the southeast corner of the permit area. Equipment and vehicle maintenance shall be performed over hard -packed gravel or paved areas graded to drain to a collection sump separate from the discharge sump. Drips, leaks and spills will be cleaned up regularly. Equipment washing will be restricted to one self-contained site designated for such uses, located in the facilities area. Stornnnater Management Plan Scott Pit May 2010 All fuel tanks and petroleum product storage will be regulated under the SPCC plan for the site. I. INDUSTRIAL ACTIVITY DESCRIPTION A. GENERAL PROJECT NAME AND LOCATION Scott Pit 00001 County Road 315 Rifle, CO 81650 The Scott Pit is a sand and gravel operation located just east of the rifle interchange of Interstate 70. approximately 1.5 miles southeast of the Town of Rifle, in Garfield County, Colorado, as shown in Figure 1 - General Location Map. The site is bordered by the Colorado River to the north private land to the east and west, and 1-70 to the south. The property is located in Section 15, Township 6 south, Range 93 West, 6th P.M Starmivater Management Plan Scott Pit May 2010 Figure 1 - General Location Map Stornnvater Management Plan Scott Pit May 2010 OWNER NAME AND ADDRESS Colorado Rivers Edge, LLC PO Box 1556 Rifle, CO 81650 (970) 625-5644 Local Contact: Peter Kearl, Environmental Manager SITE DESCRIPTION The Scott Pit is a sand and gravel operation located just east of the rifle interchange of Interstate 70. approximately 1.5 miles southeast of the Town of Rifle, in Garfield County, Colorado, as shown in Figure 1 General Location Map. The site is bordered by the Colorado River to the north Private land to the east and west, and 1-70 to the south. Several ranch buildings are located within the permit area and will be removed during mining. The site has historically been utilized for growing hay and cattle grazing. Topography of the site is relatively flat. Surface water drainage for the site is toward the oxbow or the Colorado River. The Scott Pit will mine an alluvial gravel deposit approximately 25 feet thick over an area of approximately 21 acres. Crushing, screening and some stockpiles will be within the confines of the pit. The facilities area will be located outside of the pit above the 100 year flood plain. Topsoil stockpiles may be located outside of the pit, but will still be within the permit area. The total permitted area is 116.9 acres. Storniwater Management Plan Scott Pit May 2010 B. STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODES SIC CODE INDUSTRY DESCRIPTION 1442 Processing of Sand & Gravel 2951 Asphalt Batch Plants 3273 Ready -Mix Concrete Facilities C. DESCRIPTION OF OPERATIONS United Companies will conduct gravel mining operations under a Mined Land Reclamation Board Permit on the site known as the "Scott Pit." United Companies will be permitted for the following uses on the property: • Dewatering of the pit; • Mining, crushing, screening/washing, and stockpiling of aggregate; • Asphalt batching; • Concrete hatching; • Storage and maintenance of heavy equipment. Facilities include a portable concrete batch plant, portable asphalt batch plant, portable crushing/screening, equipment storage, and fuel storage. The site is used for concrete batching operations, asphalt batching operations, and fuel storage. Brief descriptions of these operations are provided below: DEWATERING OF THE PIT Due to the shallow ground water conditions at the site, the pit will need to be dewatered once mining reaches the ground water table. Dewatering of the pit will be achieved by excavating shallow trenches around the perimeter of the pit and routing the water to a sump. The sump will have a berm surrounding it to detain fines. Water from the sump will then be pumped to the oxbow at the locations shown on the General Location Map. A dewatering detail is included in Appendix B. An NPDES permit has been granted (COG -500119) to allow this discharge. SAND AND GRAVEL PROCESSING Sand and gravel processing will consist of crushing, screening/washing and stockpiling of mined gravel. Material from stockpiles will be loaded onto trucks and shipped off site. CONCRETE BATCHING OPERATIONS Coarse and fine aggregate from the stockpiles and cement from the storage silo are mixed with water in a batching facility and loaded into mixer trucks. ASPHALT BATCHING OPERATIONS Aggregate from the stockpiles is heated and mixed with an asphalt -cement oil. Liquid fuel is burned to generate the heat required for asphalt mixing. Diesel fuel and hot asphalt oil are stored in above -ground tanks to operate the asphalt plant. FUEL STORAGE Fuel is located on site to serve construction and mining equipment, generators and other miscellaneous equipment. Storage of some diesel and gasoline is necessary to support operations. All storage tanks are above ground and are surrounded by isolation berms or have double walls to contain spills if they occur. Stormwater Management Plan Scott Pit May 2010 Spills and drips outside of the isolation berms will be removed when identified on routine inspections. Any fuel storage areas will be located outside the 100 year floodplain. A separate SPCC Plan will be prepared for this site. D. BASIN DESCRIPTIONS FOR AREAS OF INDUSTRIAL ACTIVITY OFFSITE SOURCES Off-site water from the area up gradient of the pit wiII be allowed to cross the permit boundary through undisturbed land. All disturbed land slopes to the pit bottom where sediment will settle out or be filtered out with a gravel berm. The only off-site water from down gradient of the pit that might be able to enter the pit and mix with on- site water is flood water from the Colorado River since the pit lies within the flood plain of the Colorado River. In the event flood water does enter the pit, the pumps will be shut off and the pit itself will act as a settling pond. Once the stormwater returns to acceptable sediment levels, the pumps may be turned back on to begin dewatering the pit. To prevent contamination of surface water with petroleum products in the event of flooding the active mining area, the rivers surface elevation will be monitored through staff gages that are placed at pre- determined locations (the low points where water would enter the two mining pits). During high flows, Gauge 41 is used to monitor Mining Area #1 and Gauge #2 is used to monitor Mining Area #2. Monitoring will commence when the elevation of the river gets to within 2.5 feet of the elevation that would flood the mining area. When the river elevation reaches 1.5 feet below the elevation that would flood the mining area, all the equipment will be removed from the pit and taken to higher ground. The continuous monitoring level and evacuation level for each pit are detailed in the table below. Monitoring will be achieved using staff gages near each pit. Mining Area Elevation of Mining Area Flooding Evacuation Level Monitoring Level 1 5308.0 5306.5 5305.5 2 5310.0 5308.5 5307.5 Site personnel will be trained in the procedures for monitoring the gages. The Monitoring Level on the gages will be marked in a dashed red line. The Evacuation Level will be marked in a solid red line. Text for both levels will also be written next to the respective lines. ON-SITE STORMWATER RUNOFF The disturbed areas of the site will be sloped to isolate the site from the surrounding area. Therefore, all run-off from disturbed areas will drain to the pits during the mining operation. The active pit will have a pit pump that pumps clean water to the river area. A combined stormwater/process water discharge permit will be obtained for the discharge from the pit pumps. The stormwater volume was determined using the calculations below as described in the "Procedures for Determining Peak Flows in Colorado", which includes and supplements Technical Release No. 55 "Urban Hydrology for Small Watersheds." Prior to discharge, sediment will be controlled by keeping the pit pump lower than the working area and using gravel filter check dams around the pump. In the areas that have not been disturbed, the stormwater will continue to flow because it is not expected to have significant suspended solids. Stormwater Management Plan Scott Pit May 2010 Mining Area #1 Stormwater Calculations The area of 13.7 acres shown below includes some area outside the u it that wilI drain to it. Runoff Curve Numbers(CN) for Watershed Area Description Hydrologic Soil Group Area (acres) CN Mined land disturbed Group C Soils 6.6 87 Pasture or Rangeland: Good (50-75% ground Group C Soils 7.1 74 cover; not heavily grazed) Total Area and Average CN 13.7 81 Hydrologic Soil Group Group A Soils: High infiltration (low runoff). Sand, loamy sand, or sandy loam. Infiltration rate > 0.3 inch/hr when wet. Group B Soils: Moderate infiltration (moderate runoff). Silt loam or loam. Infiltration rate 0.15 to 0.3 inch/hr when wet. Group C Soils: Low infiltration (moderate to high runoff). Sandy clay loam. Infiltration rate 0.05 to 0.15 inch/hr when wet. Group D Soils: Very low infiltration (high runoff). Clay loam, silty clay loam, sandy clay, silty clay, or clay. Infiltration rate 0 to 0.05 inch/hr when wet. The storage volume is calculated as the extraction area above the water table. The water table lies approximately 4 feet below the surrounding surface. This allows for a more than sufficient storage volume for all mining areas. Stormwater/Sediment Pond Design Design Event 100 -yr 24 -hr Event Design Precipitation (inches) 2.60 Watershed Area (acre) 13.7 Watershed Average CN 81 Calculated Runoff Volume (acre -ft) 1.411 Actual Runoff (acre -ft) 1.411 Even at the start of the excavation, the pit will be large enough to contain this volume. Stormwater Management Plan Scott Pit May 2010 Mining Area #2 Stormwater Calculations The area of 49.5 acres is the maximum that could drain to the pit, assuming no berms, ditches or stockpiles. Runoff Curve Numbers(CN) for Watershed Area Description Hydrologic Soil Group Area (acres) CN Mined land disturbed Group C Soils 13.9 87 Pasture or Rangeland: Good (50-75% ground Group C Soils 35.6 74 cover; not heavily grazed) Total Area and Average CN 49.5 78 Hydrologic Soil Group Group A Soils: High infiltration (low runoff). Sand, loamy sand, or sandy loam. Infiltration rate > 0.3 inch/hr when wet. Group B Soils: Moderate infiltration (moderate runoff). Silt loam or loam. Infiltration rate 0.15 to 0.3 inch/hr when wet. Group C Soils: Low infiltration (moderate to high runoff). Sandy clay loam. Infiltration rate 0.05 to 0.15 inch/hr when wet. Group D Soils: Very low infiltration (high runoff). Clay loam, silty clay loam, sandy clay, silty clay, or clay. Infiltration rate 0 to 0.05 inch/hr when wet. The storage volume is calculated as the extraction area above the water table. The water table lies approximately 4 feet below the surrounding surface. This allows for a more than sufficient storage volume for all mining areas. Stormwater/Sediment Pond Design Design Event 100 -yr 24 -hr Event Design Precipitation (inches) 2.60 Watershed Area (acre) 49.5 Watershed Average CN 78 Calculated Runoff Volume (acre -ft) 3.4481 Actual Runoff (acre -ft) 3.4481 Even at the start of the excavation, the pit will be large enough to contain this volume. Stormwater Management Plan Scott Pit May 2010 PROCESS WATER Process water consists of water used for washing gravel and dust suppression and stormwater that enters the pit. All process water will be contained within the pit, diverted to pit pump through the gravel berm, discharged into an existing oxbow of the Colorado River or to adjacent lowland areas that drain to the Colorado River. E. SUMMARY OF EXISTING DISCHARGE SAMPLING DATA No discharges have occurred at the Scott Pit. F. DESCRIPTION OF PROPOSED SAMPLING POINTS The Scott Pit will have a discharge point for each mining area to allow for discharge of water from dewatering operations and process water discharge. These points are shown on the General Location Map. This discharge point is permitted with the Colorado Department of Public Health and Environment's (CDPHE) sand and gravel construction discharge permit. Parameters to be sampled are listed below in the following table. Effluent Parameter Measurement Frequency Sample Type Flow, MGD Oil and Grease, mg/1 pH, s.u. Total Suspended Solids, mgll Total Dissolved Solids, mgll Continuous 2 days per month 2 days per month 2 days per month Quarterly In-situ Visual Grab Grab Grab 11. STORMWATER MANAGEMENT CONTROLS A. SWMP ADMINISTRATOR The Site Manager is responsible for the daily Stormwater Management Plan (SWMP) administration. B. RISK IDENTIFICATION AND ASSESSMENT It is anticipated that no stormwater discharges will occur for any stormwater events prior to be filtered through the gravel berm. A summary of estimated risks if a discharge were to occur is presented below: Stormwater Management Plan Scott Pit May 2010 Potential for Discharge from Basin: Pollutant A Oil and Grease Low Total Dissolved Solids Low Total Suspended Solids Low pH (Outside Range 6.5 to 9.0) Low Low B Low Low Low C. PREVENTI TI VE MAINTENANCE These are the inspection and maintenance practices that will be implemented to control stormwater runoff quality: • All control measures will be inspected at least twice annually and following any storm event of 0.5 inches or greater. • All measures will be maintained in good working order, and if a repair or cleaning is necessary, it will be initiated within 7 days of reporting. • The Site Manager will be responsible for inspections, maintenance and oversight of repair operations. • Ground slopes will be minimized to limit erosion and slow down flow during a stormwater event. • The site shall be uniformly graded to maintain sheet flow conditions during a stonnwater event. • Disturbed areas and stockpiles will be reseeded when practical to minimize erosion and sediment transport. D. GOOD HOUSEKEEPING The following good housekeeping practices will be employed at the site: • Substances stored on-site will be stored in a neat, orderly manner in their appropriate containers. • Open containers of non -hazardous materials shall be stored under a roof or other enclosure to prevent mixing with stonnwater. • The Safety Coordinator is responsible for clay -to -day site operations and directing spill prevention, cleanup, and reporting. • Waste oil will be stored within a designated above ground storage tank or in covered areas to prevent mixing of stormwater and oil. United will encourage proper waste disposal practices. Stormwater Management Plan Scott Pit May 2010 • If drip pans are used, they will be cleaned on a regular basis and not allowed to fill with stormwater, and the contents disposed in a landfill approved to handle such waste. • Oil -water separators will be cleaned of accumulated oil on a regular basis to prevent an overflow of oil out of the tank. The oil will be collected and hauled off-site by a contractor approved to handle such waste. • Hazardous materials will be stored in accordance with the Uniform Fire Code, and placards will be visible to identify the potential hazards. The classification of any material stored on-site shall be made by the fire department. E. BEST MANAGEMENT PRACTICES This Stormwater Management Plan was developed to improve the water quality of stormwater runoff. The Best Management Practices (BMP's) are intended to provide erosion control measures to avoid high sediment load transport into receiving streams. The BMPs are also intended to avoid transport of on-site contaminants into waterways. Implementation of the BMPs will improve water quality in discharges from construction sites. At this time, infiltration of stonnwater into the soil is not regulated under this SWMP program. Water quality of groundwater is not being tested under this program since percolation through the soil generally reduces the transport of oils and suspended sediment. However, hydrocarbons can be transported through groundwater and can impact receiving streams and aquifers. Therefore, it is important to reduce the introduction of contaminants into the groundwater, and although testing of groundwater is not required under this program, BMPs should be implemented to minimize the ability of stormwater to transport petroleum products and other pollutants into the groundwater system. Also, a separate SPCC plan has been developed for this site. STORMWATER MANAGEMENT • Off site stonnwater will be allowed to pass over undisturbed areas to the River. • Stormwater encountered within the disturbed areas will be drained to the active pit. • The pump will be installed below the active pit floor to help prevent sediment contact with groundwater. • Trenches around the perimeter of the pit to help prevent sediment contact with groundwater. • Berms around the pump to filter the sediment out of the water that is being discharged. OTHER POLLUTION PREVENTION MEASURES • Roads are covered with aggregate road base. • Unused topsoil stockpiles in place over 60 days are seeded and mulched. • Vehicle tracking of mud and dirt onto paved surfaces should result in cleaning of paved surfaces at the end of each day. • An aggregate rock base course pad is maintained at points of ingress and egress. This will reduce mud and dirt from being transported outside of the perimeter bermed area. • Vehicle maintenance will be conducted in the facilities area that drains to a sump that is not discharged. • Petroleum products are stored in double walled tanks or with secondary containment in the facility area, except the crusher, ready mix and asphalt plant tank which are located within the pit. Stormwater Management Plan Scott Pit May 2010 F. EMPLOYEE TRAINING United Companies, through the Environmental Manager, will train and educate current and new employees on appropriate stormwater management, spill response, good housekeeping and materials storage practices. Best management practice training programs should also be conducted regarding improving the water quality of stormwater runoff. G. TESTING FOR NON-STORMWATER DISCHARGES The only non-stormwater discharges expected at this site is pit dewatering. Therefore, no testing for illicit connections or other non-stormwater discharges is proposed. H. AMENDMENTS This SWMP plan must be amended whenever there is a change in facility design, construction, operation, or maintenance that materially affects United Companies potential for discharge of pollutants (sediment, oils, etc.) into or upon waters of the United States. Such amendments must be implemented not later than six months after the change occurs. At least once every three years, United Companies will complete a review and evaluation of their SWMP Plan. Any amendments to the SWMP plan will be in accordance with best management practices. III. COMPREHENSIVE INSPECTION The SWMP Administrator will conduct regular inspections of the site for stormwater management controls, spill control, maintenance, and cleanup. Records of inspections shall be maintained in files at the site. IV. RECORD KEEPING AND INTERNAL REPORTING PROCEDURE Incidents such as spills or other discharges, together with other relevant information describing the quality/quantity of stormwater will be included in records maintained at the site. Inspection records and maintenance records will be maintained at the site. At least two comprehensive Stormwater Management Plan inspections (Spring and Fall) will be conducted each year for annual reporting to the Colorado Department of Public Health and Environment. The reports shall include the date of the inspection, findings and actions taken, and submitted with the report due February 15 each year. V. CONSISTENCY WITH OTHER PLANS A separate SPCC Plan will be prepared for this site in accordance with Section 311 of the Clean Water Act. A NPDES permit has been issued by CDPHE. If other permits affecting stormwater are required of the site in the future, the SWMP will be modified to ensure consistency. Starmwater Management Plan Scott Pit May 2010 VI. ALLOWABLE NON-STORMWATER DISCHARGES There is one non-stormwater discharge point for this proposed operation. That discharge if for dewatering of the pit and will be covered under a Discharge Permit. Stormwater Management Plan Scott Pit May 2010 APPENDIX A Stormwater Management Plan Scott Pit May 2010 STORMWATER DISCHARGE NPDES SAMPLING REQUIREMENTS The Scott Pit will have a discharge point for each mining area to allow for discharge of water from dewatering operations, stormwater and process water discharge. These points are shown on the General Location Map. This discharge point will be permitted with the Colorado Department of Public Health and Environment's (CDPHE) sand and gravel construction discharge permit. Parameters to be sampled are listed below in the following table. Effluent Parameter Measurement Sample Type Limits Frequency Flow, MGD Continuous 1n -situ Report Oil and Grease, mg/1 2 days per Visual 10 mg/1 daily max.* month pH, s.u. 2 days per Grab 6.5 min. — 9.0 max. month Total Suspended Solids (TSS), 2 days per Grab 30 mg/1 , 30 -day average mg/1 month 45 mg/1, 7 -day average Total Dissolved Solids (TDS), Quarterly Grab Report mg/1 *There shall be no visible sheen Stormwater Management Plan Scott Pit May 2010 APPENDIX B Stor mpoter ManagJenrent Plan Scott Pit December 2008 L._ iVA TERING DETAILS Dewatering Detail Original Ground 0/4 / 9/"/ • ref "A Pit Slope 2H: -1V Pit Pump With Gravel Perimeter Berm 3' of Gravel Left 1—To Create a Good Pit Floor /Groundwater Flow !// „Air ,�li / _ /.///i////iii/ .r+/i!/ ' lir :Shale Below Gravel United Companies nilIID' COMPANIES Scott Pit SPCC Plan Revised May 2010 Greg Lewicki And Associates, PLLC 11541 Warrington Court Phone: (303) 346-5196 Fax (303)-346-6934 Parker, CO LISA 80138 E -Mail: infoalewicld.biz Scott Pit SPCC Plan Table of Contents Management Approval and Review [112.5 and 112.7(d)(2)] i Professional Engineer's Review [112.3(d)] it Introduction 1.0 Purpose 1.1 Using the Plan 1.1.1 SPCC Plan Revisions 1.1.2 Facility Description [1 12.7(a)(3)1 1.2 Location and Use 1.2.1 Waterways and Abutters_ 1.2.2 Site Drainage 1.2.3 Potential Spill Sources and SPCC Features 2.0 SPCC Compliance [1 12.7(a)(1) and 1 12.7(a)(2) and 112.81 2.1 Tables [112.7(a)(3)(i and iii) and 112.7(b)] 2.2 Spill Prevention and Response 3.0 Discharge Prevention 3.1 SPCC Features and Operating Procedures [112.7_(a)(3) and 112.8] 3.1.1 Tests and Inspections [112.7(e) and 112.8 (c) (6)] 3.1.2 Training [112. 7(f)] 3.1.3 Security [112.7(g)] 3.1.3 Emergency Response [1 12.7(a)(3)(iv) and 112.7(c) 3.2 Minor Spill Response [112.7 (a)(3)(iv)] 3.2.1 Major Spill Response [112.7 (a)(3)(iv)] 3.2.2 Waste Disposal [112. 7(a)(3)(v)] 3.2.3 Notification and Reporting [112. 7(a)(4)] 3.2.4 Required Facility Improvements 4.0 Emergency Contacts [112.7(a)(3)(vi)] Appendix A Spill Notification Form Appendix B Facility Plans [112.7(a)(3) Appendix C AST Inspection Checklist Appendix D Employee Training Log Appendix E Spill Prevention From Pit Flooding Appendix F Professional Engineer's Review [112.3 01)(1)] The undersigned' Registered Professional Engineer is familiar with the requirements of Chapter 40 of the Code of Federal Regulations Part 112 (40 CFR 112) and has supervised examination of the facility. The undersigned Registered Professional Engineer attests that this Oil Spill Prevention Control and Countermeasure Plan has been prepared in accordance with good engineering practices including applicable industry standards, and in accordance with the requirements of Chapter 40 of the Code of Federal Regulations Part 112 (40 CFR 112); that procedures have been established for required inspections and testing; and that the Plan is adequate for the facility. lfieo Signature rcN ame Title Company 1. :1;/24/0 Date P.E. Registration Number Scott Pit Page ti Management Approval and Review [112.5 and 112.7(d)(2)1 Management Approval United Companies, the operator of Scott Pit, is committed to the prevention of discharges of oil to navigable waters or the environment, and maintains the highest standards for spill prevention control and countermeasures through periodic review, updating, and implementation of this Spill Prevention Control and Countermeasure (SPCC) Plan. The operator will provide the manpower, equipment and materials required to expeditiously control and remove any quantity of oil discharged that may be harmful. Authorized Facility Representative:Signature: Date: 5- Title: n ,,,e fi 5/91€ j Management Review A review and evaluation of this SPCC Plan will be conducted at least once every three years. As a result of this review and evaluation, the operator will amend the SPCC Plan within six months of the review to include more effective prevention and control technology if: (1) such technology will significantly reduce the likelihood of a spill event from the facility, and (2) if such technology has been field -proven at the time of review. This SPCC Plan will also be amended within six months after a change in the facility design, construction, operation, or maintenance occurs which materially affects the facility's potential for the discharge of oil into or upon the navigable waters of the United States or adjoining shorelines. Any technical amendment to the SPCC Plan shall be certified by a Professional Engineer. Review Dates Signature Amendment Required? (YIN) Scott Pit Page 1i 1.0 Introduction 1.1 Purpose The purpose of this Spill Prevention Control and Countermeasure (SPCC) plan is to prevent spills from occurring, and to perforin safe, efficient and timely response in the event of a spill or leak (both referred to as "spills" herein). In accordance with United States Environmental Protection Agency (EPA) oil pollution prevention regulations (40 CFR 112), the operator must prepare and implement an SPCC plan for facilities that could reasonably be expected to discharge oil into or upon navigable waters or adjoining shorelines; and, meet one of the following conditions: • Above -ground oil storage capacity exceeds 1,320 gallons; or • Underground oil storage capacity exceeds 42,000 gallons, unless the underground tanks are subject to all of the technical requirements of 40 CFR 280 or a state program approved under 40 CFR 281. (Maine's approved program is Department of Environmental Protection, Chapter 691— Rules for Underground Storage Facilities.) As defined by 40 CFR Part 112, oil includes all grades of motor oil, hydraulic oil, lube oil, fuel oil, gasoline and diesel, automatic transmission fluid (ATF), waste oil, and transformer mineral oil. The definition of oil also includes non -petroleum oils such as animal or vegetable oils and synthetic oils. 1.11 Using the Plan In addition to satisfying a regulatory requirement, this SPCC plan should be a working document at the facility. The plan should be used frequently in the following ways: • As a reference for oil storage and contaimnent system information. • As a tool for informing new employees and for refreshing existing employees on practices for preventing and responding to spills. • As a guide to periodic training programs for employees. • As a guide to facility inspections. • As a resource during an emergency response. 1.1.2 SPCC Plan Revisions The operator must revise this SPCC plan for any change in the facility design, construction, operation or maintenance that affects the facility's potential for discharging oil. Revisions must occur as soon as possible, but no later than six months after the change occurs. The Facility Manager is responsible for initiating and coordinating such revisions. Additionally, this SPCC plan must be reviewed at least once every three years. Revisions to the plan, if any, must be made within six months of the review. Facility information related to the SPCC plan must be submitted to the United States Environmental Protection Agency (EPA) Regional Administrator whenever the facility discharges more than 1,000 gallons in a single event, or discharges more than 42 gallons of oil in each of two spill events within a 12 -month period. Scott Pit Page 1-1 1.2 Facility Description [112.7(a)(3)] 1.2.1 Location and Use The site lies on the south bank of the Colorado River east of the town of Rifle. The site is adjacent to operating and previously operated gravel pits. Gravel mining began to the north of the site in the 1960's. Three large operating gravel mines surround the site. LaFarge's Mamm Creek Pit lies directly to the east of this pit and the Grant Brothers pit lies further to the east. The permit area consists of 116.9 acres between the 1-70 and the river. Prior to mining, the pit will need to be dewatered. This will be accomplished by installing a perimeter dewatering trench. The trenches will lead to a sump as shown in Map C-2. All maps refrenced in this document can be found in the DRMS permit. Water will be allowed to pass through a gravel berm prior to entering the sump. This will act to filter out any sediment. As mining progresses through the phases, the pumping arrangement will continually change. The locations of the pumps and ditches are approximate as shown on the mine plan maps. It is expected that dewatering of a pit will require approximately 1000 gallons per minute pumping capacity. During initial dewatering, the pumping demand may be up to three times the stable pumping rate or 3000 gallons per minute. Once the pit has been dewatered, reining will begin. Primarily, front-end loaders will be used to mine the raw gravel. The slopes of the pit will be mined to 2H:1 V slopes. While mining in the center of the pits a much steeper highwall will be maintained. This highwall will be laid back as it approaches the mining limits. Some dozer pushing or ripping may also be used. The loader will directly load to a primary crusher or into trucks which will deliver the material to the crusher. 1.2.2 Waterways and Abutters Surface water exists in two forms in the permit area. The river runs in a westerly direction north of the permit area. A minimum buffer of 100 feet will be maintained between the river and the pit. This buffer will provide a sufficient safety factor against river capture. The second form of surface water will be storm and process water discharge. Substantial water will be discharged throughout the mine's life. Pumping will occur continuously for the life of the mine. Water will be pumped from dewatering trenches into the river and oxbow. A discharge permit has been submitted for the two discharge points. Once all raining has been completed all pits will be allowed to fill. A gravel well permit and water augmentation plan has been issued for this site. 1.2.3 Site Drainage Drainage will be directed into the pit bottom. Water will then be pumped out of the pit through the trenches and gravel berm as discussed in section 1.2.1. Scott Pit Page 1-2 2.0 Potential Spill Sources and SPCC Features 2.1 SPCC Compliance 1112.7(a)(1) and 112.7(a)(2) and 112.8 The only permanent spill source onsite will be the Facility Area 2000 gallon fuel storage tank as listed below. Portable asphalt, cement, and crushing/screening plants will be brought onsite, but these will be covered by their own SPCC. 2.2 Tables [112.7(a)(3)(i and iii) and 112.7(b)] Fuel/Oil Dispensers Location Product/Size Estimated Spill Direction Secondary Containment Nearest Spill Kit Location Asphalt Plant Concrete Plant Wash Plant Combination Diesel and Burner Fuel - 20,000 gal. Dyed Diesel - 10,000 gal. Dyed diesel - 3,000 gal. Crusher/Screener Dyed diesel - 250 gal. Crusher/Screener Dyed diesel - 250 gal. Crusher/Screener Dyed diesel - 500 gal. Crusher/Screener Dyed diesel - 500 gal. Crusher/Screener Dyed diesel - 600 gal. Facility Area Dyed Diesel - 2000 gal Dewatering Pump Dyed diesel - 500 gal. Secondary Containment Secondary Containment Secondary Containment Secondary Containment Secondary Containment Secondary Containment Secondary Contairunent Secondary Containment Secondary Containment Secondary Containment Secondary UV resistant lined sump Secondary UV resistant lined sump Secondary UV resistant lined sump Secondary UV resistant lined sump Secondary UV resistant lined sump Secondary UV resistant lined sump Secondary UV resistant lined sump Secondary UV resistant lined sump Secondary UV resistant lined sump Office Office Office Office Office Office Office Office Office 600 gal stock tank Office Scott Pit Page 2-1 Portable Asphalt Plant Location Product/Size Estimated Spill Secondary Nearest Spill Kit Direction Containment Location Asphalt Plant Asphalt Cement 30,000 gal. Pit Floor - Does not flow Pit Slopes Office Asphalt Plant Used Oil 15,000 gal Secondary Containment Double Walled Tank Office Asphalt Plant Dyed Diesel 5,000 gal Secondary Containment Double Walled Tank Office Asphalt Plant Heat Transfer Oil 55 gal Secondary Containment Double Walled Tank Office Asphalt Plant Dyed Diesel 120 gal Pit Floor Pit SIopes Office Asphalt Plant Hydraulic Oil 60 gal Pit Floor Pit Slopes Office Mobile Equipment Name Equipment Class Quantity Fuel Tank(gal) Hydraulic On -board System (gal) Spill Kit 962G Series II Wheel Loader: Medium 1 75.3 40 Note: This list is an estimate of on-site equipment. Equipment may vary. Equipment manufacturer may also vary. Tank sizes are based on Cat equipment. Spill Kits Description Containment Volume (gal) Location 30 -Gallon Overpack Absorbent 23 Office Trailer Emergency Spill Kit Scott Pit Page 2-2 3.0 Spill Prevention and Response 3.1 Discharge Prevention 3.1.1 SPCC Features and Operating Procedures [112. 7(a)(3) and 112.81 The operator's employees are trained to implement spill prevention practices for work with and around oil sources. Personnel shall use common sense and rely on spill prevention practices at all times to minimize the potential for a release of oil. For example, the following "common sense" practices are recommended: • keep container Iids securely fastened at all times; • do not leave portable sources unattended; • return portable sources to their storage location after use; • use pads, drip pans, and funnels when transferring petroleum products from a portable container; • protect oil sources from damage by moving equipment; • loading and unloading of petroleum products shall be attended at all times. Suppliers All suppliers will meet the minimum requirements and regulations for tank truck unloading as established by the United States Department of Transportation. These supplier procedures also ensure that the vendor understands the site layout, knows the protocols for entering the site and unloading product, and has the necessary spill equipment on board to respond to a spill from the vehicle or fuel delivery hose. Observations of Deliveries The Facility Manager or designee will supervise deliveries for all new suppliers and will periodically observe deliveries for existing, approved suppliers. Delivery observations include: • vehicle inspection prior to delivery and departure (e.g., to make sure the driver does not drive away with the hose in the fill pipe); • inquiry to ensure the truck contains the right product for the tank; • assurance that the tank can hold what the supplier intends to deliver; and • adequate spill response equipment is on board the vehicle. Vehicle Filling Loading operations and vehicle fueling operations will be performed by facility personnel trained in the specific operation. The operators will: • check that the vehicle is properly secured before making connections, • inspect the storage and delivery system, hoses, connections and the receiving vessel before beginning operations, • monitor the transfer operation in-person from beginning to end, • check that the vehicle has been disconnected before departure, Scott Pit Page 34 secure the storage and delivery system after use, and • Facility personnel will monitor the fueling area for safe and proper operation, and will take immediate action to correct any deficiencies. 3.1.2 Tests and Inspections [112.7(e) and 112.8 (c) (6)] The personnel at the facility shall perform testing, inspection, and maintenance of all petroleum equipment to keep it performing in an efficient and environmentally sound manner. The tests and inspections shall be performed as discussed in the following subsections. 3.1.2.1 Inspecting AST's Facility personnel periodically observe the ASTs during operating hours. The ASTs shall be inspected monthly, and the results shall be recorded on the Monthly AST Inspection Report, as included in Appendix D. Spill response kits kept on site shall also be checked during the monthly AST inspection, and restocked as necessary. The monthly inspection reports shall be kept for at least three years in a file maintained by the Facility Manager. Inspections include observations of the exterior of the tank for signs of deterioration or spills (leaks), observations of the tank foundation and supports for signs of instability, and observations of the vent, fill and discharge pipes for signs of poor connection, that could cause a spill. In addition to these monthly inspections, the facility will periodically verify the integrity of each tank every ten years, or more often as deemed necessary by the inspection results. Integrity testing will be conducted in accordance with an industry standard procedure such as STI — SPOOI-03 or API 653. 3.1.21 Tank Maintenance All petroleum tank and piping problems shall be immediately reported to the Facility Manager. Visible oil spills (leaks) that cause a loss of oil from tank walls, piping or other components shall be repaired or replaced as soon as possible to prevent the potential for a major spill from the source. This is especially important for sources located outside or near drains or catch basins that discharge to the environment. 3.1.3 Training [112.70 The operator shall provide SPCC spill training for personnel involved with handling petroleum products. The Environmental Manager shall arrange for annual training, which shall include the following training topics: • an introduction to pollution control laws; • rules and regulations pertaining to the use and storage of petroleum products; • inspection, operation and maintenance of spill equipment, and petroleum storage and dispensing equipment; • spill response and cleanup; • spill notification and record keeping; and • spill prevention practices. Records of attendance at training and topics covered shall be maintained by the Facility Manager. Scott Pit Page 3-2 3.1.2.2 Documentation for Training The annual SPCC training shall be documented to include the instructor's name, course outline, date and duration of training, attendant's names and signatures, and corrective action list for areas in need of improvement, if any. This information shall be filed and maintained for at least 3 years at the office of the Environmental Compliance Officer. A Certificate of Training shall be presented to each employee that has completed the training. 3.1.4 Security [112.7(g)] No security issues are expected on this site. 3.2 Emergency Response L112.7(a)(3)(xv) and 112.7(c)] This section describes the cleanup response and protocols to follow in the event of an oil spill. The uncontrolled discharge of oil to groundwater, surface water or soil is prohibited by State or Federal laws. It is imperative that action be taken to respond to a spill once it has occurred. In the event of an oil spill. Depending 011 the volume and characteristics of the material released, the operator has defined spill response as either a "Minor Spill Response" or "Major Spill Response" ("Spill Emergency"). A list of Emergency Contacts is included in Appendix A. 3.2.1 Minor Spill Response [112. 7(a) (3)(iv)] A "Minor Spill Response" is defined as one that poses no significant harm to human health or the environment. All conditions need to be met to be considered a minor spill; • the spill is localized; • the spilled material is less than 25 gallons; • the spill can be cleaned up within 24 hours; • the spilled material is not likely to reach surface water or groundwater; • there is little danger to human health; and • there is little danger of fire or explosion. In the event of a minor spill the following guidelines shall apply: 1. Immediately notify the senior on-site person (i.e., Facility Manager). 2. Under the direction of a senior on-site person, contain the spill with spill response materials and equipment. 3. Place spill debris in properly labeled waste containers. 4. Complete the Spill Notification Form (Appendix B) and send to the Environmental Manager. 3.2.2 Major Spill Response (Spill Emergency) [112. 7(a)(3)(iv)] A "Spill Emergency" is defined as one involving a spill that cannot be safely controlled or cleaned up. Characteristics include the following: • the spill is greater than 25 gallons • the spilled material enters surface water or groundwater (regardless of spill size); Scott Pit Page 3-3 • the spill requires special training and equipment to cleanup and will take longer than 24 hours; • the spilled material is dangerous to human health; and • there is a danger of fire or explosion In the event ofa spill emergency the following guidelines shall apply: 1. All workers shall immediately evacuate the spill site and move to a safe distance away from the spill. 2. A senior on-site person shall call for medical assistance if workers are injured (no worker shall engage in rescue operations unless they have been properly trained and equipped). 3. A senior on-site person shall immediately Call the Colorado Department of Public Health and Environment, Division of Reclamation, Mining and Safety, MSHA, City of Rifle, and the County Environmental Health Department within two hours. Document the telephone calls on the Spill Notification Form in Appendix B. 4. Notify the local Fire Department or Police Department. 5. A senior on-site person shall contact the Facility Manager and provide details regarding the spill. 6. The Facility Manager will coordinate cleanup and seek assistance from a cleanup contractor as necessary. Ifa senior on-site person is not available at the time ofthe spill, then the next highest employee in command shall assume responsibility. 3.2.3 Waste Disposal [112. 7(a)(3)(v)] Wastes resulting from a minor spill response will be containerized in impervious bags, drums or buckets. The waste will be removed from the site by a licensed waste hauler within two weeks. Wastes resulting from a major spill response will be removed and disposed of by a cleanup contractor. Contaminated soil/gravel will be processed by an approved asphalt plant or turned over until certified measurement shows total hydrocarbons to be within acceptable limits. 3.2.4 Waste Disposal [112. 7(a) (4)] In the event ofa minor spill, a senior on-site person shall notify the Facility Manager and complete a written Spill Notification Form. This form details the time, material, and quantity of oil released. Ifa major spill occurs at this facility the Facility Manager shall, in addition to the notification procedures above, provide written information to the EPA Regional Administrator as required by the SPCC Plan rules. 3.2.4.1 Spill Notification Farms After making the appropriate phone calls and the spill is contained, a Spill Notification Form, included in Appendix B, shall be completed and submitted to the Facility Manager. The Spill Notification Fonn includes a checklist to document the proper notification of state and federal agencies. The form shall be filed and maintained as long as operator owns and/or operates this facility. Scott Pit Page 3-4 4.0 Reuuired Improvements The Professional Engineer's certification of this plan is contingent on the following facility improvements being implemented for compliance with SPCC regulations 40 CFR 112: - Install Facility Area 2000 gallon fuel tank with secondary UV resistant lined sump as secondary containment. Scott Pit Page 4-1 Appendix A Emergency Contacts [112.7(a)(3)(vi)] emergency Contac' Spill Reporting EPA Colorado Dept. of Health and Environment Colorado Division of Minerals and Geology Telephone # (800) 424-8802 (877) 518-5608 (303) 866-3567 City of Rifle (970) 625-2841 and (970) 379-6398 Local Health Department (970) 625-5200 MSHA (303) 231-5465 Local Emergency Agencies Telephone # Fire Department 911 Sheriff/Police 911 Spill Response Contractors Telephone # Greg Lewicl{i and Associates (303) 346-5196 Adequate Heavy Equipment Kept Onsite for Rapid Spill Response Owner/Operator Telephone # United Companies (970) 243-4900 Appendix B Spill Notification Form Noti cation. Part A: Basic Spill Data Spill Type: Major / Minor Spill Date: Type of Spilled Substance: Spill Time: Quantity Spilled: Spill Duration: Facility Name: Scott Pit Location of Spill: Owner / Company Name: United Companies Released to: [] Containment [] River [ ] Pond [] Soil [] Air [ ] Ground Water [ ] Other Nature of spill and any environmental or health effects: 1] Injuries [] Fatalitie Part B: Notification Checklist Notification Date and Time Name of Person the Recieved Call Spill is 25 gallons or more of petroleum product or needs special cleanup.; Colorado Department of Public Health and Environment (877) 518-5608 Local Health Department (970) 625-5200 City of Rifle (970) 625-2841 and (970) 379-6398 Colorado Division of Minerals and Geology (303) 866-3567 MSHA (303) 231-5465 Spill reaches ground water or surface water: EPA National Response Center (800) 424-8802 Form Completed By (Print Name): Sign and Date: This form must be submitted to Environmental Officer. A copy must be retained on-site and included with the SPCC Plan. Appendix C Facility Plans [ 1 12.7(a)(3)] Please See DMG Permit Map C-2 Appendix D AST Inspection Checklist Scott Pit AST Checklist e x Condition of Tank(Note any deformations, corrosion, staining, etc.) Condition of Secondary Containment (Note any cracks, drain valve, closed/locked, etc.) Foundation/tank Base (Note any staining, spills, water against base, etc.) Pumps and Piping Hose and Fittings Nearest Spill Kit (Notes kit contains all components) CERTIFICATION I certify under penalty of law that I have personally examined the above listed items. I believe that the submitted information is true, accurate, and complete. Name (please, type or print) Signature Title Date Appendix E Employee Training Log Employee Training Log Note: New employees shall receive initial training in the contents and implementation of this SPCC plan upon start of their employment. All employees shall receive annual refresher training in the contents and implementation of this SPCC plan. Date of Training Name of Employee Attending Topics Covered Instructor(s) A minor spill occurs when: • The spill is less than 25 gallons. • The spill can be cleaned up within 24 hours. • The spill is not likely to reach ground or surface water. • There is little danger to human health. • There is little danger of fire or explosion. A major spill occurs when • The spill cannot be contained in a small area. • The spilled material enters surface water or ground water. • The spill requires special training and equipment to cleanup. • The spill is dangerous to human life. • There is danger of fire or explosion. nor spill should be handled as to ows c. 1. Immediately notify the senior on-site person. 2 .Under direction of a senior on-site person, contain the spill the materials from the spill response kit. 3.Place spill debris in a properly labeled waste container. 4.Complete the Spill Notification Form in the onsite SPCC Plan and send to the Facility A mayor sell"l hoold be handled as follvws`'t 1 .All workers shall immediately evacuate the spill site and move to a safe distance away from the spill. 2. A senior on-site person shall call for medical assistance if workers are 3. Call (within 2 hours of the • Colorado Department of Public Health and Environment (877) 518-5608 • Colorado Division of Reclamation, Mining and Safety (303) 866-3567 • Local Health Department (970) 625-5200 • MSHA (303) 231.5465 • EPA (800) 424-8802 • Local Fire or Sheriff Department 911 • City of Rifle (970) 625-2841 and (970) 379-6398 4. The Facility Manager will coordinate cleanup and seek assistance from a cleanup as necessary. 5. Complete the Spill Notification Form in the onsite SPCC Plan and send to the Facility Manager. Appendix F Spill Prevention from Pit Flooding SCOTT PIT SPILL PREVENTION FROM PIT FLOODING To prevent contamination of surface water with petroleum products in the event of flooding the active mining area, the rivers surface elevation will be monitored through staff gages that are placed at pre -determined locations (the low points where water would enter the two mining pits). Monitoring will commence when the elevation of the river gets to within 2.5 feet of the elevation that would flood the mining area. When the river elevation reaches 1.5 feet below the elevation that would flood the mining area, all the equipment will be removed from the pit and taken to higher ground. The continuous monitoring level and evacuation level for each pit are detailed in the table below. Monitoring will be achieved using staff gages near each pit. These gages are shown on Map C-2. Mining Area Elevation of Mining Area Flooding Evacuation Level Monitoring Level 1 5308.0 5306.5 5305.5 2 5310.0 5308.5 5307.5 The locations of the staff gages are shown on Map C-2 of the Mine Plan as well as the SPCC Flood Monitoring Map on the following page. Site personnel will be trained in the procedures for monitoring the gages. The Monitoring Level on the gages will be marked in a dashed red line. The Evacuation Level will be marked in a solid red line. Text for both levels will also be written next to the respective lines. COLORADO DEPARTMENT OF TRANSPORTATION STATE HIGHWAY ACCESS PERMIT Permit lea $300.00 Dale of transmittal 5/6/2010 Can Permit No. 310048 Slate Highway No/lip/Side I070 A / 91,820 / L Region/Section/Paco] Local Jurisdiction 3.1 D2 /10-z tam Rrnwn Garfield C uriLy The Permittee(s); Applicant: Iter No.t Rivers Edge, LLC OM Castle SW ©roup, Inc Bill Bailey Peter Siegmund PO Box 1556 2273 River Read Rifle. CO 81650 Grand Junction, CO 81502 970-7124584 970-970-2434 900 Is hereby granted permission to have an access to the slate hlghway at the location noted below. The access shall be constructed, maintained and used In accordance with this permit, Including the Stele Highway Access Code and any attachments. terms. conditions and eXhlbiis. This permit may be revoked by the Issuing authority flat any time the permitted access and lis use violate any pads of this permit. The issuing authority, the Department and their duly appointed agenic and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise or Pie perm!!. Location: Located on the north side of 1-70 Frontage, a distance of 961 Net west of RP 92. This access is located at the very west end of the frontage road. Access to Protide Service to: (rand Use Cods:) On or Count) {Units) 991- Gravel Pit 75 DHV Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature Print Nerve "Cale Data Upon The signing of this permit the perm free agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in art expeditious and safe manner and shall be finished with rt 45 days from Initiation. The permitted access shall be completed In accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Don Poole with the Colorado Department of Transportation In Grand 3urlction, Colorado at (970) 384-3366, at least 46 hours prior to commencing construction within the State Highway right-of-way. ' The person signing as the permittee must be the owner or legal representative of the properly sewed by the pemnflled access and have full authority to accept the permit and lis to s and conditions. P torc./.. re / PZJI ++ /7 S 7/ie , This permit Is not valid until signed by a duly authorized representative of the Department. COLO' ' DO DEPARTMENT OF TTRANSPORTATEON gig :. re � .�� ........:/``` ♦� r P ...,tNNam? /O.,u Ti e ��Yr 7 ' / t1 "il/ nate(ntissue) /7"r2DJD ...)y Copy Dbtrlbu11cn: Required: "- a Mance copies as necessary for. f.Region S.SteMAccsnosection LsoatAuthority Inspector 2.Applicant }.Central Hes MTCE Patrol Tragic engineer Previous edi s ere obsolete and may not be used Page 1 ala COCTForra Ni e1 5N7 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards, Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature, Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions hat would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4, Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.4] 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified an the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger State Highway Access Permit Form 101, Page 3 highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as amended. '. A utility permit shall be obtained for any utility work within nighway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. 8. In the event it becomes necessary to remove any right-of- way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall of interfere with the existing drainage system on the right-of- way or any adopted municipal system and drainage plan. or clearances required for construction of the access. Issuance of this access permit does not constitute verification of the above required actions by the Permittee. By accepting the permit, the permittee stipulates and agrees to fully protect, save, defend, indemnify, and hold harmless, to the extent allowed by law, the issuing Authority, and each of the Authority's directors, officers, employees, agents and representatives, from and against any and all claims, costs (including but not limited to all reasonable fees and charges of engineers, architects, attorneys, and other professionals or expert witnesses and all court or other dispute resokriion costs directly incurred by reason of claims directly brought against the Authority), losses, damages, pre- or post- judgment interest, causes of action, suits, or liability of any nature whatsoever by reason of liability imposed due to Permittee's failure to obtain, or disregard of, any applicable federal, state or local environmental permits, approvals, authorizations, or clearances, or in meeting or complying with any applicable federal, state or local environmental law, regulation, condition or requirements in connection with any activities authorized by this Access Permit. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act, The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and focal ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. 11. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits Form 101, Page 3 STATE HIGHWAY ACCESS PERMIT 310048 Located on Highway 70A Frontage Road near MP 91.82 Left issued to River's Edge, LLC TERMS AND CONDITIONS May 6, 2010 1. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee. Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. The Frontage Road shall be hard surfaced from the current frontage road edge of pavement to this access, approx. one mile in length. The construction and design shall be in accordance with Section 4.7 of the Access Code, Department Specifications, and the Region Materials Engineer approval. 3. This permit allows the use of the access without hard surfacing the frontage road until October 31, 2010. 4. The permittee shall proved dust suppression (magnesium chloride) on the frontage road. If the Department determines that dust suppression is required due to the operations of the gravel pit, the applicant shall shut down operations until measures have been taken to address the impacts of the operations and mitigate dust to the satisfaction of the Department. Dust suppression may be required if dust impacts the operations of 1-70, the 1-70 frontage road, or as determined by the Department. 5. The entire length of frontage road from the access to the paved section of the roadway shall have magnesium chloride placed on the road surface once or more often as necessary for control of dust determined by the Department. 6. The Permittee shall maintain the unpaved section of the frontage road thru a dust suppression plan approved by R3 Material Engineer until Frontage Road is hard surfaced. 7. The traffic volume shall be 75 DHV. This includes PCE's. 8. The access shall be constructed with radii to accommodate the minimum turning radius of the largest vehicle or 50 -foot, whichever is greater. The turning radius shall be measured from the white line on the Hwy to the edge of the driveway. A drawing of the design vehicle turning template for the largest vehicle entering/exiting site will be required to ensure proper radius and lane widths. 9. This access shall be constructed 25-40 feet wide 10. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on the roadway and at 6:1 to the approach. The driveway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 11. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 50 feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is STATE HIGHWAY ACCESS PERMIT 310048 Located on Highway 70A Frontage Road near MP 91.82 Left Issued to River's Edge, LLC May 6, 2010 achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. 12. The Permittee shall provide a performance bond that will insure completion of the required highway and all related intersection improvements in conformance with all Department standards and specifications. The bond must be at least 110% of the estimated total highway construction cost and the bonding agency must be surety licensed to do business in the State of Colorado. A thorough Construction Cost Estimate sealed by a Colorado Registered Professional Engineer and a draft of the bond must be provided and approved by Department before acceptance of the final bond and before construction is approved to commence. 13. This permit replaces any and all additional access permits that may be in existence for this access. 14. A pre -design meeting is required prior to construction design. Required personnel for this meeting are: Professional Engineer of Record (i.e., the person who shall sign and seal the plan set), Design Engineer, and Permittee. Please contact Devin Drayton 970-683-6286 for scheduling this pre -design meeting. 15. A Notice to Proceed, CDOT Form 1265 is required before beginning the construction of the access or any activity within the highway right-of-way. To receive the Notice to Proceed the applicant shall submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed. (b) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (c) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Plan shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. (d) Ten copies of Construction Plans Stamped (11 "x 17" with a minimum scale of 1" = 50') by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code. (e) A Dust Suppression Plan. (f) Signed and sealed Notice to Proceed Checklist. (g) Signed and Approved Performance Bond. (h) Signed and sealed Drainage Report or narrative. (i) Prior to the issuance of any Notice to Proceed, the applicant shall schedule a pre - construction meeting including but not limited to applicant, Engineer of Record, Construction Inspector, construction personnel, Permittee (if other than applicant), CDOT representative and Traffic Control Supervisor. (j) A construction schedule will be required at the pre -construction meeting. 16. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. STATE HIGHWAY ACCESS PERMIT 310048 Located on Highway 70A Frontage Road near MP 91.82 Left Issued to River's Edge, LLC May 6, 2010 17. All materials, equipment, installation and construction within the State Highway ROW shall be in accordance with the latest edition of the following standard references as applicable: A. CDOT Materials Manual B. CDOT Construction Manual C. CDOT Standard Specifications for Road and Bridge Construction, latest edition D. CDOT Standard Special Provisions, as applicable to project E. CDOT Standard Plans (M&S Standards) FHWA Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways and the Colorado Supplement thereto F. AASHTO Roadside Design Guide 18. A new culvert may be required for this access. The drainage study will be used to size all culverts. As a minimum, an 18 -inch culvert with protective end treatments will be required. The culvert shall be kept free of blockage to maintain proper flow and drainage. 19. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier per State and Federal Standards. 20. The Permittee is responsible for obtaining any necessary additional Federal, State andlor City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 21. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 22. The Permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines provide requirements for design and construction. The current Standards Plans and can be found on the Design and Construction Project Support web page at: http://www.dot.state.co.us/DesienSurport/, then click on Design Bulletins. 23. CDOT requires submission of SWMP plans on any projects where the area of CDOT ROW impacted exceeds one acre. 24. On all CDOT access permit projects where the developers are required to apply and obtain a CSP (Construction Storm Water Permit) from the respective regulatory agency, "The Permittee/Applicant is required to include the portion of CDOT Rights of Way to be impacted by the construction of the access within their Construction Storm Water Permit (CSP). A notice to proceed will not be issued until the Permittee/applicant provides CDOT region permit office with the proof of such inclusion on the developer's CSP. 25. It is the responsibility of the Permittee/applicant to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly from the appropriate agency. Please refer to or request a copy of the "CDOT Environmental Clearance Information Summary" for details. FAILURE TO COMPLY WITH REGULATORY STATE HIGHWAY ACCESS PERMIT 310048 Located on Highway 70A Frontage Road near MP 91.82 Left Issued to River's Edge, LLC May 6, 2010 REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR CDOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES. • ALL discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as: wash water, paint, automotive fluids, solvents, oils or soaps. • Unless otherwise identified by CDOT or the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following discharges to storm water systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. However, construction activities may require a Construction Stormwater Permit. Contact the CDOT Water Quality Program Manager at 303-757-9343. • ANY OTHER DISCHARGES may require Colorado Discharge Permit(s) or separate permits from CDPHE or the appropriate agency before work begins. For additional information and forms, go to the CDPHE website at: http://www.cdphe.state.co.us/m/PermitsUnits/wdcdprnt.html. 26. Nothing in this permit shall prohibit the chief engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction of physical medial separations. 27. A signed and approved temporary lease agreement is required if construction trailers are to be located on COOT ROW during construction. 28. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 29. During access construction no construction personal vehicles will be permitted to park in the state highway right-of-way. 30. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 31. All costs associated with any type of utility work will be at the sole responsibility and cost of the Permittee and at no cost to CDOT. 32. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 33. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. If mud is obvious condition during site construction, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance are found in the M & S Standards Plan No. M-208-1. 34. A fully executed complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any STATE HIGHWAY ACCESS PERMIT 310048 Located on Highway 70A Frontage Road near MP 91.82 Left Issued to River's Edge, LLC May 6, 2010 other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 35. All construction and inspection work must be under the direction of a Colorado Registered Professional Engineer. The PE's responsibilities include, but are not limited to: (a) The PE shall evaluate compliance with plans and specifications with regard to the roadway improvements within the State right-of-way. The PE shall carefully monitor the contractor's compliance on all aspects of construction, including construction zone traffic control. (b) Engineering Certification: After inspection and before final acceptance, the Engineer shall certify to CDOT in writing that all inspections, materials, materials testing, and construction methods conform to the plans, specifications and purpose of design. Upon completion of the work, that responsible Engineer shall submit an "As Built" plans, showing in detail all approved construction changes, modification. 36. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 37. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. Construction Completion & Final Acceptance 38. The Permittee shall construct all improvements stated on this permit prior to any use as allowed by this permit. The Permittee shall notify the Permit Manager by certified mail within 10 working days to request a final inspection. This request shall include signed and sealed certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, and the terms and conditions included in this permit. The engineer of record shall be present for this inspection. The access serviced by this permit may not be opened to traffic until the CDOT Access Manager provides written initial approval. 39. Following the final inspection, CDOT will prepare an Access Construction Inspection Summary Letter and send it to the applicant, Permittee, and engineer of record. If additional items are required to complete the access construction, a list of these items will be part of the access construction inspection summary letter. All required items and final as -built survey shall be completed within 30 days from receiving the Access Construction Summary Letter. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. If all work appears to have been done in general close conformity with the above named permit, an initial acceptance letter will be sent to the Permittee and this access may be opened for traffic. 40. The 2 year warrantee period will begin when the initial acceptance letter is issued. In accordance with section 2.5(6) of the State Highway Access Code, if any construction element fails within two -years due to improper construction or material specifications, the Permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. The letter of final acceptance will be issued once the access has been inspected and is found to comply with all material and construction in STATE HIGHWAY ACCESS PERMIT 310048 Located on Highway 70A Frontage Road near MP 91.82 Left Issued to River's Edge, LLC May 6, 2010 accordance with all applicable Department Standards and Specifications approx. 2 years after initial acceptance. COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to theft activities. This listing is not all-inclusive - additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local, state and federal agencies should be contacted for additional information if there is any uncertainty about what permitslclearances are required for a specific activity. IMPORTANT — Please Review The Following Information Carefully — Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment (CDPHE) -- General Information -- (303) 692-2035 Water Quality Control Division (WQCD) (303) 692-3500 Environmental Permitting Website http:llwww.cdphe.state.co.uslpermits.asp. • CDOT Water Quality Program Manager; Rick Willard (303) 757-9343 • CDOT Asbestos Project Manager; Julia Horn (303) 512-5519 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices Omaha District (NE Colorado), Denver Office (303) 979-4120 http://www.nwo.usace.army.millhtmllod-tlltri-lakes.html Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http:llwww.spk.usace.armv.millcespk-colregulatoryl Albuquerque District (SE Colorado), Pueblo Reg. Office (719)-543-6915 http:l/www.soa.usace.army.mil/reg/ • CDOT Utilities, Special Use and Access Permitting: (303) 757-9654 http:l/www.dot.state.co.us/Permits/ Ecological Resources — Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website http:llwww.dot.state.co.uslenvironmental/Wildlife/Guidelines.asp, or the Colorado Division of Wildlife website http:Nwildlife.state.co.uslWildlifeSoecies/SpeciesOfConcern/. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Cultural Resources — The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of OAHP and/or CDOT. If archaeological or historical artifacts are encountered during the progress of the permitted work, work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact information Contact the OAHP at (303) 866-3395. General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include substances such as wash water, paint, automotive fluids, solvents, oils or soaps. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water Quality Control Division (WQCD) at (303) 692-3500. General Authorization - Allowable Non-Stormwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above). Hazardous Materials, Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, et al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous Waste Act C.R.S. 25-15-301 et al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for solid waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or gasoline contaminated soil, asbestos, chemicals, mine tailings, etc.) is encountered during the performance of work, the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info: Contact the CDOT/CDPHE Liaison at (303)757-9787. Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation November '07 Asbestos Containing Materials, Asbestos Contaminated Soil — All work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done in asbestos -contaminated soil, must comply with the CDHPE Hazardous Materials and Waste Management Division's (HMWMD) Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info: CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerninq.clearance on CDOT projects is available from Julia Horn, CDOT Asbestos Project Manager (303) 512-5519, or Theresa Santangelo-Dreiling, Property Management Supervisor (303) 512-5524. Construction Stormwater Permit; Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities - requires a CDPS Stormwater Permit. Contact Information: For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757-9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500, Website: htt.:Ilwww.cd•he.state.co.uslwe/PermitsUnitlwecdpmt.html Construction Dewatering (Discharge or infiltration) -- Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at (303) 692-3500. Website:http://www.cdphe.state.co.uslwq/PermitsUnit/wctcdpmthtml Minimal Industrial Discharge Permit — Discharges of small quantities of wastewater or wastewater requiring minimal treatment, such as that resulting from hydrostatic testing or certain wash waters, may require a Minimal Industrial Discharge Permit ("MINDI"). Contact Info: Contact the CDPHE WQCD at (303) 692-3500. Website: http:/lwww.cdphe.state.co.us/we/PermitsUnitlwecdpmt.html Municipal Separate Storm Sewer System (MS4) Discharge Permit — Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to a MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, and are subject to inspection by the CDOT and the CDHPE. Contact Information: Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS -4 Permits, or go to htt.:Ilwww.cd • he.state.co.uslw.IPermitsUnit/w• cd •mt.html#Munici • alFormsGuidance, Discharge of Dredged or Fill Material — 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits, including Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activities (NWP #12). However, depending upon the specific circumstances, it is possible that either a "General" or "Individual" 404 permit would be required. if an Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD is also required. Contact Information: Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required (information provided at top of ECIS). Contact the CDPHE Water Quality Control Division at (303) 692-3500. Erosion and Sediment Control Practices - For activities requiring a Construction Stormwater Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation. In either case, the CDOT Stormwater Quality and Erosion Control Guide (2002) should be used to design erosion controls. Contact Information: The CDOT Stormwater Quality and Erosion Control Guide may be obtained from the Bid Plans Office at (303) 757-9313 or from: htt•:Ilwww.dot.state.co.us/environmentallenvWaterQual/w•ms4.as• Disposal of Drilling Fluids - Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges" or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way, and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite clay, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; 2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contact Information: Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout - Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343. Spill Reporting - Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4446 (4H20), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, or that may otherwise present an Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation November '07 immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-(877)-518-5608. Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171, The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra -state HAZMAT Registration (303) 969-6748. Colorado Public Utilities Commission: (303) 894-2868. Paleontology - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Regional Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions, Contact Information: Contact the CDOT Paleontologist at (303) 757-9632. Working on or in any stream or its bank - in order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW) application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at www.dat.state. co.us/environmental/wildlife/permitapplication.asp. About This Form - Questions or comments about this Information Summary may be directed to Dahir Egal, CDOT Safety & Traffic Engineering, Utilities Unit, at (303) 757-9344, dahir.egal(7a,dot.state.co.us Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation November '07 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 C SP PERMIT NO: DATE ISSUED: Hay 23 9 2007 I~iTCTIE 99P00102 INITIAL APPROVAL MODIFICATION - 4 ISSUED TO: OldcastIe SW Group Inco dba United Companies of Mesa County THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable equipment home-based at 2273 River Road, Grand Junction, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (1) Astec, Model: RDB-8438, Serial Number: 98-251, 7' X 38' double-barrel counterflow drum type hot mix asphalt (HMA)concrete plant, HMA production design rated at 300 tons per hour. Emissions of particulate matter are controlled by one (1) Astec, Model: RBH-59-14, SIN: 98-251, fabric filter baghouse with an integrated horizontal cyclone for collection and recycling of coarse particulate matter. The baghouse is equipped with a pulse jet cleaning system with adjustable cleaning cycle to maintain predetermined pressure drop. HMA plant operation is supported by: one (1) Flametec, Model: PT -75 -OC Phoenix Talon, fuel oil, used oil and pulverized coal fired burner, heat input rated at 75,000,000 BTU per hour, one (1) lime silo equipped with a baghouse for control of emissions of particulate matter, one (1) 30,000 -gallon asphalt cement tank heated by a diesel fuel fired burner, heat input rated at 2,000,000 BTU per hour, on-site aggregate stockpiles, includes washed virgin aggregates and recycled materials, on-site materials handling, including vehicular traffic. This portable HMA plant will be located at aggregate mine sites. Therefore, no incoming aggregate traffic is included on this HMA plant permit. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. All previous versions of this permit are canceled upon issuance of this permit. AIRS Point ID: 777/1367/001 Page 1 of 10 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group Inc., dba United Companies of Mesa County Permit No. 99P00102 Initial Approval — Modification -4 2. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation No. 1, Section ILA.1. & 4.) 3. Within one hundred and eighty days (180) after commencement of operation after modification, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the pennittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the pennit. (Information on how to certify compliance was mailed with the permit.) 4. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable) 5. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. 6. The pennit number shall be marked on the subject equipment for ease of identification. (Reference: Regulation No. 3, Part B, Section III.E.) (State only enforceable) 7. Each time this equipment is moved to a new location within the State of Colorado the owner or operator shall file a Relocation Notice. Such notice shall be received by the Division at least ten (10) days prior to the change in location. The Relocation Notice shall include a facility emission inventory of all emission units at the site. (Reference: Regulation No. 3, Part A, Section Well' and Part B, Section II1.E.) 8. Prevention of Significant Deterioration (PSD) requirements shall apply to this source at any such time that this source becomes major for PSD solely by virtue of a relaxation in any permit condition. Any relaxation that increases the potential to emit above the applicable PSD threshold will require a full PSD review of the source as though construction had not yet commenced on the source. The source shall not exceed the PSD threshold until a PSD permit is granted. (Reference: Regulation No.3, Part D, Section VI.B.4.) AIRS Point ID: 777/1367/001 Page 2 of 10 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group Inc., dba United Companies of Mesa County Permit No, 99P00102 Initial Approval -- Modification -4 9. Operating Penult (OP) requirements shall apply to this source at any such time that this source becomes major for OP solely by virtue of a relaxation in any permit limitation. Any relaxation that increases the potential to emit above the applicable OP threshold shall require submittal of and issuance of an operating permit, under Regulation No. 3, Part C. 10. The applicant shall follow the most current operating and maintenance plan and record keeping format approved by the Division in order to demonstrate compliance on an ongoing basis with the requirements of this pennit. (Reference: Regulation No. 3, Part B, Section IILG.7.) 11. This source is subject to Regulation No. 6, Part A, Subpart I, Standards of Performance for Hot Mix Asphalt Facilities, including, but not limited to, the following: Concentration of particulate matter in the discharge into the atmosphere shall not be in excess of 0.04 grain per dry standard cubic foot. Discharge into the atmosphere shall not exhibit 20 % opacity, or greater. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation No. 6, Part A. General Provisions from 40 CFR 60.11 b. No article, machine, equipment or process shall be used to conceal an emission that would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard that is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) c. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. AIRS Point ID: 777/1367/001 Page 3 of 10 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group Inc., dba United Companies of Mesa County Permit No. 99P00102 Initial Approval — Modification -4 d. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. e. Written notification of opacity observation or monitor demonstrations shall be submitted to the Division as required under § 60.7. f. Performance tests shall be conducted as required under § 60.8. g. Compliance with opacity standards shall be demonstrated according to § 60.11. 12. No off specification used oil shall be burned at this facility. All used oil shall meet the specifications in Appendix A. 13. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Compliance with the yearly production limits shall be determined on a rolling twelve (12) month total. Monthly records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation No. 3, Part B, Section II.A.4.) Production of hot mix asphalt concrete shall not exceed 200,000 tons per year. Materials handling shall not exceed those corresponding to the HMA production limit. Recycled asphalt concrete used in HMA production shall not exceed 20 %. 14. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis). Compliance with the annual limits shall be determined on a rolling (12) month total. By the end of each month a new twelve month total is calculated based on the previous twelve months' data. The permit holder shall calculate monthly emissions and keep a compliance record on site for Division review. (Reference: Regulation No. 3, Part B, Section II.A.4) Particulate Matter: PM10 (Particulate Matter<10 .tm): Particulate Matter -. Fugitive: PM10 (Particulate Matter<10 jim) Fugitive: Sulfur Dioxide: Nitrogen Oxides: Volatile Organic Compounds: Carbon Monoxide: 14 tons per year. 1.3 tons per year. 8.6 tons per year. 2.6 tons per year. 30.0 tons per year. 12.0 tons per year, 5.0 tons per year. 45.4 tons per year. Compliance with the fugitive particulate matter emission limits shall be demonstrated by not exceeding the production and materials handling limits, and by the application of the emission control measures. AIRS Point ID: 777/1367/001 Page 4 of 10 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group Inc., dba United Companies of Mesa County Pennit No. 99PO0102 Initial Approval — Modification -4 15. A source compliance test shall be conducted, while burning coal, to measure the emission rate(s) for the pollutants listed below in order to show compliance with the emission standards and the emission limits. The test protocol must be in accordance with the requirements of the Air Pollution Control Division Compliance Test Manual and shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. No compliance test shall be conducted without prior approval from the Division. Any stack test conducted to show compliance with a monthly or annual emission limitation shall have the results projected up to the monthly or annual averaging time by multiplying the test results by the allowable number of operating hours for that averaging time (Reference: Regulation No. 3, Part B., Section III.G.3) Particulate Matter using EPA approved methods. Sulfur Dioxide using EPA approved methods. Carbon Monoxide using EPA approved methods. 16. A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, Section II.C.) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN submitted. For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the Iast APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. APEN/s expires five (5) years from the date/s of submittal. • Ram N. Seetharam Permit Review Engineer R K Hancock III, P.E. Construction Permits Unit Supervisor AIRS Point ID: 777/1367/001 Page 5 of 10 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group Inc., dba United Companies of Mesa County Permit No. 99P00102 Initial Approval — Modification -4 Permit History: Date Action Description This issuance IA Modification -4 Pulverized coal will be used as a fuel. Reducing design rated from 348 to 300 tph. Issued as an Initial Approval. April 9, 2003 FA Modification -3 Transfer of ownership from United Companies of Mesa County, Inc. to Oldcastle SW Group, Inc. dba United Companies of Mesa County. April 3, 2002 FA Modification -2 Final Approval July 3, 2001 IA Modification -2 Adding waste oil as a fuel. Fugitive PM emissions and control plan. Changing PM / PMIO / CO limits based on test results. January 31, 2000 IA Modification -1 Increasing design rate from 300 tph to 348 tph. September 17, 1999 IA Initial Approval. Issued to United Companies of Mesa County, Inc. APEN Submittal Log (to be maintained further by the permittee): APEN Submittal Date APEN Expiry Date Renewal APEN to be submitted by Remarks February 1, 2007 February 1, 2012 January 2, 2012 Notes to Permit Holder: 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2) This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. AIRS Point ID: 777/1367/001 Page 6 of 10 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group Inc., dba United Companies of Mesa County Permit No. 99P00102 Initial Approval — Modification -4 3) This source is classified as a: Portable Source Synthetic Minor Source for Prevention of Significant Deterioration (PSD) applicability Synthetic Minor Source for Operating Permit applicability 4) The following emissions of non -criteria reportable air pollutants are established based upon the HMA production indicated in this permit. This information is listed to inform the operator of the Division's analysis of the specific compounds. This information is listed on the Division's emission inventory system. C.A.S.# SUBSTANCE EMISSIONS [LB/YR] 75-07-0 Acetaldehyde 260 71-43-2 Benzene 80 50-00-0 Formaldehyde 630 The emission levels contained in this permit are based on the following emission factors {pounds per ton of HMA produced }: Pollutant EmiFactor Emission Controls Cont.Eff. Particulate Matter 28.00000 Baghouse / Cyclone 99.95 PM10 6.50000 Baghouse / Cyclone 99.80 Nitrogen Oxides 0.12000 0.00 Sulfur Dioxide 0.30000 30 % absorption in HMA 0.00 Volatile Organic Compounds 0.05000 0.00 Carbon Monoxide 0.45400 0.00 PM — Fugitive, aggregate handling 0.09152 Graveling / Watering 50.00 PM10 -- Fug., aggregate handling 0.02746 Graveling / Watering 50.00 PM -- Fug., HMA Haul, 19 -ton 0.03396 Graveling / Watering 50.00 PM10 — Fug, HMA Haul, 19 -ton 0.01019 Graveling / Watering 50.00 PM — Fug., HMA Haul, 29 -ton 0.04590 Graveling / Watering 50.00 PM10 — Fug., HMA Haul, 29 -ton 0.01377 Graveling / Watering 50.00 AIRS Point Ill: 777/13671001 Page 7of10 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group Inc., dba United Companies of Mesa County Permit No. 99P00102 Initial Approval — Modification -4 PARTICULATE EMISSIONS CONTROL PLAN FOR MATERIAL PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, Section III,D.l.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Processing Activities - Visible emissions not to exceed 20% opacity, no off -property transport of visible emissions. b. Haul Roads - No off -property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks - There shall be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off- vehicle ffvehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Material stockpiles shall be watered as necessary to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 2. Plant entryway, haul roads, truck service roads, and other areas used in connection with the activities shall be graveled. Watering shall be implemented if dust problems occur. 3. Only pre -washed aggregates shall be used. 4. Vehicle speed on haul roads and service roads shall be restricted to 10 miles per hour. Speed limit signs shall be posted. AIRS Point ID: 77711367/001 Page 8 of 10 Colorado Department of Public Health and 'Environment Air Pollution Control Division Oldcastle SW Group Inc., dba United Companies of Mesa County Permit No. 99P00102 Initial Approval — Modification -4 Appendix A Used Oil Specifications Element / Compound Limit Arsenic 5 ppm Cadmium 2 ppm Chromium 10 ppm Lead 100 ppm Total Halogens: 1000 ppm In addition, the flash point shall be greater than or equal to 100 degrees F. AIRS Point ID: 777/13671001 Page 9 of 10 Colorado Department of Public Health and Environment Air Pollution Control Division Oldcastle SW Group Inc., dba United Companies of Mesa County Permit No. 99P00102 Initial Approval — Modification -4 1. 2. 3. 4. 5. 6. 7. 8. 9. GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a pennit, conditions imposed upon apermit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The pennit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured fiom the AP CD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section III.G. Final approval cannot be granted until the operation or activity conunences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. THIS PERMIT AUTOMATICALLY EXPIRES IE you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period. of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the pennittee prior to the expiration date. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7- 114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section III.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days af'er commencement of operation as stated in condition 5. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. Violation of the terms of a pennit or of the provisions of the Colorado Air Pollution Prevention and control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. AIRS Point ID: 777/1367/001 Page 10 of 10 I United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2008 SPILL PREVENTION, CONTROL and COUNTERMEASURE PLAN for: Old Castle SW Group, Inc. Dba: United Companies of Mesa County Asphalt Operations with Portable Plant 46-600 Various Pit Locations in Colorado and Utah Plan Prepared by: Environmental Solutions 2215 Rockhurst Boulevard Colorado Springs, CO 80918 (719) 260-9820 Page 1 of 30 I United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2008 II TABLE OF CONTENTS Introduction Part 1: Plan Administration Page 5 1.1 Management Approval and Designated Person 5 1.2 Professional Engineer Certification 5 1.3 Location of SPCC Plan 6 1.4 Semi -Annual Plan Review 6 1.5 Facilities, Procedures, methods or Equipment Not Yet Fully Operational 6 1.6 Cross -Reference with SPCC Provisions 8 Part 2: General Facility Information 9 2.1 Facility Description 9 2.2 Evaluation of Discharge Potential 10 Part 3: Discharge Prevention -General SPCC Provisions 10 3.1 Compliance with Applicable Requirements 10 3.2 Facility Layout Diagram 10 3.3 Spill Reporting 11 3.4 Potential Discharge Volumes and Direction of Flow 11 3.5 Containment and Diversionary Structures 11 3.6 Practicability of Secondary Containment 11 3.7 Inspections, Tests, and Records 11 3.8 Personnel, Training, and Discharge Prevention Procedures 13 3.9 Security 13 3.10 Tank Truck Unloading Requirements 13 3.11 Brittle Fracture Evaluation 14 3.12 Conformance with State and Local Applicable Requirements 14 Part 4: Discharge Prevention -SPCC Provisions for Onshore Facilities 15 4.1 Facility Drainage 15 4.2 Bulk Storage Containers 15 4.3 Transfer Operations, Pumping, and In -Plant Processes 16 Part 5: Discharge Response 17 5.1 Response to a Minor Discharge 17 5.2 Response to a Major Discharge 17 5.3 Waste Disposal 18 5.4 Discharge Notification 18 5.5 Cleanup Contractors and Equipment Suppliers 19 Page 2 of 30 United Companies -15 Road -Asphalt Operations,SPCC October 6, 2008 List of Tables Table 1-1: Plan Review Log Table 1-2: SPCC Cross -Reference Table 2-1: Oil Containers Table 2-2: Potential Discharge Volume and Direction of Flow Table 3-2: Inspection and Testing Program Table 3-3: Oil Transfer Procedures Table 4-1: List of Oil/Oil Containers Table 4-2: Scope and Frequency of Bulk Storage Containers Inspection and Tests Appendices A: Site Plan and Facility Diagram B: Substantial Harm Determination C: Facility Inspection Checklists D: Tank Ullage and Inspection Forms E: Record of Discharge Prevention Briefings and Training F: Calculation of Secondary Containment Capacity G: Records of Tank Integrity and Pressure Tests H: Emergency Contacts I: Discharge Notification Form J: Discharge Response Equipment Inventory K: Record of Containment Drainage United Companies-15 Road-Asphalt Operations.SPCC October B, 2008 INTRODUCTION Purpose The purpose of this Spill Prevention, Control, and Countermeasure (SPCC) Plan is to describe measures implemented by United Companies of Mesa County management to prevent oil discharges from occurring and to prepare personnel to respond in a safe, effective and timely manner to mitigate the impacts of a discharge. This Plan has been prepared to meet the requirements of Title 40 CFR part 112, this SPCC Plan is used as a reference for oil storage information and testing records, as a tool to communicate practices on preventing and responding to discharges with employees, as a guide to facility inspection, and as a resource during emergency response. United Companies of Mesa County management has determined that this facility does not pose a risk of substantial harm under 40 CFR part 112, as recorded in the "Substantial Harm Determination" included in Appendix B of this Plan. This Plan provides guidance on key actions that United Companies of Mesa County personnel must perform to comply with the SPCC rule: Complete monthly and semi-annual site inspections as outlined in the Inspection, Tests, and Records section of this Pian (Section 3.7) using the inspection checklists included in Appendix G. Perform preventive maintenance of equipment, secondary containment systems, and discharge prevention systems -described in this Plan as needed to keep them in proper operating conditions. Conduct annual employee training as outlined in the Personnel, Training, and Discharge Prevention Procedures section of this Plan (Section 3.8) and document them on the log included in Appendix E. If either of the following occurs, submit the SPCC Plan to the EPA Region 8 Regional Administrator and Colorado's Department of Natural Resources, along with a completed Discharge Notification Form found in the Appendix. The facility discharges more than 1,000 gallon of oil into or upon the navigable waters of the U.S. in a single spill event: or the facility discharges oil in quantities greater than 42 gallons in each of two spill events within any 12 -month period. Review the SPCC Plan semi-annually and amend it to include more effective prevention and control technology, if such technology will significantly reduce the likelihood of a spill event and has been proven effective in the field at the time of the review. Plan amendments, other than administrative changes discussed above, must be recertified by a Professional Engineer on the certification page in Section 1.2 of this Plan. Amend the SPCC Plan within six (6) months whenever there is a change in facility design, construction, operation, or maintenance that materially affects the facility's spill potential. The revised Plan must be recertified by a Professional Engineer (PE). Review the Plan on a semi-annual basis. Update the Plan to reflect any "administrative changes" that are applicable, such as phone numbers. Administrative changes must be documented in the Plant review log of Section 1.4 of this Plan, but do not have to be certified by a Professional Engineer. United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2008 Spill Prevention, Control and Countermeasure Plan Part 1: Plan Administration 1.1 Management Approval and Designated Person (40 CFR 112.7) This Spill Prevention, Control and Countermeasure Plan has been prepared for and will be implemented by (40 CFR 112.3(a)): United Companies of Mesa County Asphalt Operations with Portable Plant 46-600 Various Pit Locations in Colorado and Utah Date of Preparation: October 20, 2008 Date of five-year review: Any material changes to plan? Yes No (40 CFR 112.5(6)) Management Approval: United Companies of Mesa County management is committed to preventing discharges of oil to navigable waters and the environment, and to maintaining the highest standards for spill prevention control and countermeasures through the implementation and regular review and amendment to the Plan, This SPCC Plan has the full approval of the United Companies of Mesa County management and has committed the necessary resources to implement the measures described in this Plan. Mr. Justin Aubert is the Designated Person Accountable for Oil Spill Prevention at the United Companies of Mesa County Facility and has the authority to commit the necessary resources to implement this Plan. Signature: Name: Title: Mr, Justin Aubert Resource/Environmental Manager 1.2 Professional Engineer Certification (40 CFR 112.3(d)) 1 hereby certify that I have visited and examined this facility and being familiar with the provisions of 40 CFR, Part 112 attest that this SPCC Plan has been prepared in accordance with good engineering practices including consideration of applicable industry standards and the requirements of 40 CFR part 112; that procedures for required inspections and testing have been established; and that this Plan is adequate for this facility. (40 CFR 112.3(d)). q��,tlttnit tiiiw, �`,$,,, a��Uaul..h;/,.l�,� z.-7,. is @ GT%`¢, o 'V, _ 0 oa123 o ' r. a art ; o. O a r„ Gerald Richard Branum, P. E. Printed Name of Registered Professional Engineer 5t5ignatu gistered Professional Engineer Registration No. 12310 State of Colorado Page 5 of 30 . United Companies -Asphalt Operations with Unit 46-600.SPCC October 2Q, 2008 1.3 Location of SPCC Plan (40 CFR 112.3(e)) In accordance with 40 CFR 112.3(e), a complete copy of this SPCC Plan is maintained at this facility at the control house for Portable Plant 46-600. 1.4 Plan Review (40 CFR 112.3 and 112.5) 1.4.1 Changes in Facility Configuration In accordance with 40 CFR 112.5(e), Mr. Justin Aubert periodically reviews and evaluates this SPCC Plan for any change in the facility design, construction, operation, or maintenance that materially affects the facility's potential for a fuel/oil discharge, including, but not limited to: ® addition or removal of containers; • reconstruction, replacement, or installation of piping systems; • construction or demolition that might alter secondary containment structures; or • changes of product or service, revisions to standard operation, modification of testing/inspection procedures, and use of new or modified industry standards or maintenance procedures. Amendments to the Plan made to address changes of this nature are referred to as technical amendments, and must be certified by a PE. Non-technical amendments can be recorded (and must be documented on Page 7) by Mr. Justin Aubert or his designee. Non-technical amendments include the following; ® change in the name or contact information of individuals responsible for the implementation of this plan; or • change in the name or contact information of spill response or cleanup contractors. United Companies of Mesa County personnel must make the needed revision to the SPCC Plan as soon as possible, but no later than six months after the change occurs. The plan must be implemented as soon as possible following any technical amendment, but no later than six months from the date of the amendment. Mr. Justin Aubert or his designee is responsible for initiating and coordinating revisions to the SPCC Plan. 1.4.2 Record of Plan Reviews Scheduled reviews and Plan amendments are recorded in the Semi -Annual Review Signature Sheet. This log must be completed even if no amendment is made to the Plan as a result of the review. 1.5 Facilities, Procedures, Methods, or Equipment Not Yet Fully Operational (40 CFR 112.7) Bulk storage containers at this facility have never been tested for integrity since their installation in 2004. Section 4.2.6 of this Plan describes the inspection program to be implemented by the facility following a regular schedule, including the dates by which each of the bulk storage containers must be tested. Page 6 of 30 Table 1-1 SEMI-ANNUAL REVIEW SIGNATURE SHEET* in accordance with 40 CFR 112.5(b), a review and evaluation of this SPCC Plan is conducted semi-annually and recertified in five years. As a result of this review and evaluation, United Companies of Mesa County Facility will amend the SPCC Plan within six months of the review to include more effective prevention and control technology if: (1) such technology will significantly reduce the likelihood of a spill event from this facility, and (2) if such technology has been field -proven at the time of review. Any technical amendment to the SPCC Plan shall be certified by a Professional Engineer within six months after a change in the facility design, construction, operation, or maintenance occurs which materially affects the facility's potential for the discharge of oil into or upon the navigable waters of the United States or adjoining shorelines. 4/4105 Rev eived by Justin Aubert/Designee Date Alatuti Changes to SPCC Plan eviewed by Justin AubertiDesignee ) 1M 1 Date (JL rer,' U//4,1_ e, re. red gra. 7++ (°0 1 7'C Changes to SPC Plan Reviewed by Justin Aubert/Designee Date Changes to SPCC Plan Reviewed by Justin AubertlDesignee Date Changes to SPCC Plan Reviewed by Justin Aubert/Designee Date Changes to SPCC Plan Reviewed by Justin AubertiDesignee Date Changes to SPCC Plan Reviewed by Justin Aubert/Designee Date Semi-annual inspection records must be kept for three years I United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2008 1.6 Cross -Reference with SPCC Provisions (40 CFR 112.7) This SPCC Pian does follow the exact order presented in 40 CFR part 112and Table 1-2 presents a cross- reference of Pian sections relative to applicable parts of the rule. Table 1-2 SPCC Cross -Reference Provision Plan Section Page 112.3(d) Professional Engineer Certification 5 112.3(e) Location of SPCC Plan 6 112.5 Pian Review Table 1-1 112.7 Management Approval 5 112.7 Cross -Reference with SPCC Rule 8 112.7(a)(3) Part 2: General Facility Information 9 Site Plan and Facility Diagram Appendix A 112.7(a)(4) 5.4 Discharge Notification Appendix 1 112.7(b) 3.4 Potential Discharge Volumes and Direction of Flow 11 112.7(c) 3.5 Containment and Diversionary Structures 11 i 1112.7(d) 3.6 Practicability of Secondary Containment 11 112.7(e) 3.7 Inspection, Tests, and Records Table 3-2 112.7(f) 3.8 Personnel, Training and Discharge Prevention Procedures 13 112.7(g) 3.9 Security 13 112.7(h) 3.10 Tank Truck Loading/Unloading 13 112.7(1) 3.11 Brittle Fracture Evaluation 14 112.7(j) 3.12 Conformance with Applicable State and Local Requirements 14 112.8(b) 4.1 Facility Drainage 15 112.8(c)(1) 4.2.1 Construction 15 112.8(c)(2) 4.2.2 Secondary Containment 15 112.8(c)(3) 4.2.3 Drainage of Diked Areas 15 112.8(c)(4) 4.2.4 Corrosion Protection 15 112.8(c)(5) 4.2.5 Partially Buried and Bunkered Storage Tanks 16 112.8(c)(6) 4:2.6 Inspection 16 Facility Inspection Checklist Appendix C 112.8(c)(7) 4.2.7 Heating Coils 16 112.8(c)(6) 4.2.8 Overfill Prevention System 16 112.8(c)(9) 4.2.9 Effluent Treatment Facilities 16 Page 8 of 30 United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2008 112.8(c)(10) 112.8(c)(11) 112.8(d) 112.20(e) 4.2.10 Visible Discharges 16 4.2.11 Mobile and Portable Containers 16 4.3 Transfer Operations, Pumping and in -Plant Processes 16 Certification of Substantial Harm Determination Appendix B Part 2: General Facility Information Name: United Companies of Mesa County Address: Asphalt Operations with Portable Plant 46-600 Grand Junction, Colorado 81 505 Type: Asphalt Paving & Gravel Contractor Date of Initial Operations: 2004 Owner/Operator: United Companies of Mesa County Primary Contact: Mr. Justin Aubert, Resource/Environmental Manager Work: (970) 243-4900 2.1 Facility Description (40 CFR 112.7(a)(3)) 2.1.1 Location and Activities Because of the mobility and varying demands on this asphalt production unit, this oil -containing unit will have its own separate SPCC plans that will follow this unit. This SPCC plan addresses the asphalt operations and the associated mobile equipment. Oil storage on this equipment includes burner fuels (used oil and diesel fuel), and asphalt cement storage tanks; This United Companies of Mesa County facility produces sized gravel for the production of concrete and asphalt for their own and others construction projects. There is one portable asphalt plant (46-600) that produces asphalt at various locations. Gravel travels along a conveyor belt where lime is added before it enters the asphalt production unit. The gravel is heated to drive off any residual moisture then asphalt cement is added to the gravel to produce the asphalt Coal, waste oil or dyed diesel fuel are used as the burner fuel. A mobile loader is used to feed gravel into this unit. This Spill Prevention Control and Countermeasure (SPCC) Plan addresses petroleum products (Waste oil, asphalt cement and dyed diesel fuel) stored and used at this facility and includes a section on emergency procedures. United Companies of Mesa County employees will be trained in this SPCC Plan annually. The Site Plan included in Appendix A of this Plan shows the location of the ASTs, nearby buildings, spill containment equipment, fuel loading/unloading areas, and critical spill control structures. United Companies of Mesa County personnel are constantly in the area of the loader and asphalt production units. Mr. Justin Aubert has been designated as the person responsible for ensuring that the procedures, contained within this document, are followed and adequate training is provided to employees. Mr. Justin Aubert or his designee is responsible for semi-annual review of this plan. 2.1.2 Oil Storage The asphalt production unit mentioned above has asphalt cement, used oil, and dyed diesel fuel storage tanks. A 55 -gallon drum of heat transfer oil is stored inside the storage trailer. A wheel loader is used to fill the bins that feed the conveyor belt with gravel. The capacities of oil containers present at the site are listed below and are also indicated on the facility diagram in Figure A-1. All containers with capacity of 55 gallons or more are included. Page 9 of 30 United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2008 Table 2-1 OiI Containers Tank # Capacity 46-600 Portable Asphalt Plant 1 30,000 -gallon Content Asphalt Cement 2 20,000 -gallon Combined Tank 15,000 -gallon Used Motor Oil 5,000 -gallon Dyed Diesel Fuel 3 55 -gallon Mobile Loader 120 -gallon 60 -gallon Heat Transfer OiI Dyed #2 Diesel Fuel Hydraulic Oil Description Single-wall metal tank Double-wall metal tank Double-wall metal tank Metal Drum Single-wall metal tank Single-wall metal tank Total Oil Storage Capacity: 50,235 gallons 2.2 Evaluation of Discharge Potential 2.2.1 Distance to Navigable Waters and Adjoining Shorelines and Flow Paths Any small spilllleak from this equipment would be contained in the immediate area with absorbent materials and available equipment. Any large spill/leak from the asphalt production units at this facility that could not be contained in the immediate area would flow to the ground surface of the gravel pit where it would be contained by available personnel and equipment. 2.2.2 Discharge History This facility has not had a reportable spill event involving equipment listed in this section in the last five years. Part 3: Discharge Prevention -General SPCC Provisions The following measures are implemented to prevent oil discharges during the handling, use, or transfer of oil products at this facility. Oil -handling employees will have received training in the proper implementation of these measures. 3.1 Compliance with Applicable Requirements (40 CFR 112.7(a)(2)) Aboveground storage tanks at this facility are under the authority of Colorado's Department of Natural Resources and the United States Environmental Protection Agency. Aboveground storage tanks containing oil are not required to be registered with Colorado's Department of Natural Resources or the United States Environmental Protection Agency. The equipment listed above is inspected daily for signs oil leakage or conditions that may cause a leak/spill. Any oil leakage from asphalt and fuel tanks or hydraulic systems is reported to the operations manager immediately for corrective action. There will be items added to that current daily inspection form to include subjects that are required by the Steel Tank Institute (STI) SP -001 Tank Inspection Standard as described in this Plan. An annual inspection of this equipment will conform to the Steel Tank Institute (STI.) SP -001 Annual Tank Inspection Standard. 3.2 Facility Layout Diagram (40 CFR 112.7(a)(3)) Figure A-1 presents a layout of the facility and the location of the ASTs, building, asphalt production equipment, mobile equipment parking area and product loading/ unloading areas. As required under 40 CFR 112.7(a)(3), the facility diagram indicates the location and content of AST's, connecting piping and Page 10of30 IUnited Companies -Asphalt Operations with Uriit 46-600.SPCC October 20, 2008 loading/unloading facilities. The diagram also shows the direction of surface water runoff. Figure A-2 indicates the approximate location of the ASTs on a local city map. Figure A-3 shows the general location of the facility on a U.S. Geological Survey topographic map. 3.3 Spill Reporting (40 CFR 112.7(a)(4)) The discharge notification form included in Appendix I will be completed upon immediate detection ofa discharge and prior to reporting a spill to the proper notification contacts. 3.4 Potential Discharge Volumes and Direction of Flow (40 CFR 112.7(b)) Table 3-1 presents expected volume, discharge rate, general direction of flow in the event of equipment failure, and means of secondary containment for different pacts of this facility where oil is stored, used or handled. Table 3-1: Potential Discharge Volumes and Direction of Flow Tank #1 Type of Failure I Volume I Rate I Dir. of Flow ' Containment 46-600 Portable Asphalt Plant 1Piping Leakage, Vandalism, Overfill, or Hose Failure 30,000 gal. Gradual to Instantaneous To Surface of Gravel Pit Contained by Available Personnel & Equipment 2A Leakage, Vandalism, Overfill, Piping or Hose Failure 15 000 gal. Gradual to Instantaneous To Surface of Gravel Pit Contained by Available Personnel & Equipment 2B Leakage, Vandalism, Overfill, Piping or Hose Failure 5,000 gal. Gradual to Instantaneous To Surface of Gravel Pit Contained by Available Personnel & Equipment 3 Leakage, Vandalism, or Human Error 55 al g Gradual to Instantaneous To Floor of Storage Trailer Contained by Available Personnel and Spill Kit Mobile Loader 4 Leakage, Vandalism, Overfill, Piping or Hose Failure , 120 al g Gradual to Instantaneous To Surface of Gravel Pit Contained by Available Personnel and Spill Kit 5 Leakage, Vandalism, Overfill, Piping or Hose Failure 60gal.Gradual to Instantaneous To Surface of Gravel Pit Contained by Available Personnel and Spill Kit 3.5 Containment and Diversionary Structures (40 CFR 112.7(c)) Methods of secondary containment at this facility include a combination of trained personnel, on-site equipment and available spill response kits to prevent fuel/oil from reaching navigable waters. In Transfer Areas: On -Site Equipment and Sorbent Material: On-site equipment and spill cleanup kits that include shovels and absorbent material are available at the asphalt production unit. The inventory is checked monthly to ensure that used material is replenished. 3.6 Practicability of Secondary Containment (40 CFR 112.7(d)) United Companies management has determined that additional structural secondary containment is not required at this facility. 3.7 Inspections, Tests, and Records (40 CFR 112.7(e)) As required by the SPCC rule, United Companies of Mesa County personnel perform the inspections, tests and evaluations listed in the following table. Table 3-2 summarizes the various types of inspections and tests performed at this facility. The inspection and tests are described later in this section and in the respective sections that describe different parts of the facility (e.g., Section 4.2.6 for bulk storage containers). Page 11 of 30 United Companies -Asphalt Operations with Unit 46-600.SPCC Table 3.2 Inspection and Testing Program October 20, 2008 Facility Component Action Frequency/Circumstances Tanks #1-#3 Inspect outside of tank for signs of deterioration and discharges. Regular monthly and annual schedule and whenever material repairs are made. Tanks #9-#3 Formal external inspection by a certified tank inspector. 20 years after installation or whenever material repairs are made. Container supportsFollowing and foundation Inspect container's supports and foundations. a regular monthly schedule and whenever material repairs are made. Liquid level sensing devices Test for proper operation. Monthly Diked Area Inspect for signs of Deterioration, discharges, or accumulation doll inside diked areas. Monthly Lowermost drain and all outlets of tank truck Visually inspect. Prior to Departure All aboveground valves, piping and appurtenances Assess general condition of items, such as product tank, supports, foundations, valves, gauges, fittings, hoses, gaskets and piping. Monthly Any Tank -new or existing integrity and leak testing. At the time of installation, modification, construction, relocation, or replacement. Spill kit Determine if spill kit needs to be restocked. Monthly 3.7.1 Monthly Inspections The checklist provided in Appendix C is use for monthly Inspections by United Companies of Mesa County Facility personnel. ❑ Observing the exterior of aboveground storage tanks, pipes and other equipment for signs of deterioration, leaks, corrosion, and thinning. ❑ Observing the exterior of portable containers for signs of deterioration or leaks. ❑ Observing tank foundations and supports for signs of instability or excessive settlement. ❑ Observing the tank fill and discharge pipes for signs of poor connection that could cause a discharge, and tank vent for obstructions and proper operation ❑ Verifying the proper functioning of overfill prevention systems. o Checking the inventory of discharge response equipment and restocking as needed. All problems regarding tanks, piping, containment, or response equipment must immediately be reported to Mr. Justin Aubert. Visible oil Teaks from tank walls, piping, or other components must be repaired as soon as possible to prevent a larger spill or a discharge to navigable waters. Written monthly inspection records are signed by Justin Aubert or his designee and maintained with this SPCC Plan for a period of three years. 3.7.2 Semi -Annual Inspections This semi-annual inspection is to update and make administrative changes to the SPCC plan and to determine if the SPCC plan. requires updating because of physical changes made at this facility. 3.7.3 Annual Inspections Facility personnel perform a more thorough inspection of facility equipment on an annual basis. This annual inspection complements the monthly inspection described above and is performed each year using the checklist provided in Appendix C of this Plan. Page 12 of 30 United Companies -Asphalt operations with Unit 46-600.SPCC October 20, 2008 3.7.4 Periodic Integrity Testing Periodic Integrity testing for any tank on the equipment listed above is not required. 3.8 Personnel, Training, and Discharge Prevention Procedures (40 CFR 112.7(1)) The Resource/Environmental Manager of United Companies of Mesa County is the facility designee and is responsible for oil discharge prevention, control and response preparedness activities at this facility. The Resource/Environmental Manager of United Companies of Mesa County management or environmental professional will instruct fuel/oil-handling facility personnel in the operation and maintenance of fuel/oil pollution prevention equipment, discharge procedure protocols, applicable pollution control laws, rules and regulations, general facility operations, and the content of this SPCC Plan. Any new facility personnel with fuel -handling responsibilities must be provided with this same training prior to being involved in any oil operations. Annual discharge prevention briefings will be held by Justin Aubert or his designee for all facility personnel involved in fuel operations. The briefings are aimed at ensuring continued understanding and adherence to the discharge prevention procedures presently in the SPCC Plan. The briefings also highlight and describe known discharge events or failures, malfunctioning components, and recently implemented precautionary measures and best practices. Facility operators and other personnel will have the opportunity during the briefings to share recommendations concerning health, safety and environmental issues encountered during facility operations. The simulation of an on-site vehicular discharge will be part of future training exercises that will be periodically held to prepare for possible discharge responses. Records of the briefing and discharge prevention training are kept on the form shown in Appendix E and maintained with this SPCC Plan for a period of three years. 3.9 Site Security (40 CFR 112.7(g)) Normal working hours at the United Company facilities are 7:00 AM to 7:00 PM, Monday through Saturday. People having business at any of the United Company facilities must enter through the main gate where unauthorized personnel will be stopped and prohibited from entering the pit area. These facilities are always occupied during hours of operation and not open to the public. Yard lighting illuminates the AST areas and is adequate to detect spills during nighttime hours and prevent vandalism. Fencing: Most United Company gravel pits are totally fenced with 6 -foot high chain link fence. Generally, the perimeter fence has one lockable gate that prohibits unauthorized personnel from entering this site during non -working hours Shill Control Equipment: Spill Control equipment on-site includes bulk absorbent materials, shovels, absorbent pads and booms.- 3.10 ooms: 3.10 Tanker Unloading Requirements (40 CFR 112.7(h)) The potential for discharges during tanker unloading operations is of particular concern at this facility. United Companies of Mesa County management is committed to ensuring the safe transfer of material from storage tanks. The following measures are implemented to prevent fuel/oil discharges during tank truck unloading operations. 3.10.1 Unloading Procedures (40 GFR 112.7(h)(2) and (3)) All suppliers must meet the minimum requirements and regulations for tanker loading/unloading established by the U.S. Department of Transportation. United Companies of Mesa County facility ensures that the vendor understands the site layout, knows the protocol for entering the facility and unloading product, and has the necessary equipment to respond to a discharge from the vehicle or fuel delivery hose. The Resource/Environmental Manager or his designee supervises fuel deliveries for all new suppliers, and periodically observes deliveries for existing approved suppliers. The truck driver will remain with the vehicle at all times while fuel is being transferred. Transfer operations are performed according to the minimum procedures outlined in Table 3-3. Page 13of30 ! United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2006 Table 3-3: Fuel Transfer Procedures Stage Tasks Prior to Unloading ❑ Visually check all hoses for leaks and wet spots ❑ Verify that sufficient volume (ullage) is available in the storage tank or truck. u Lock in the closed position all drainage valve of the secondary containment structure. u Secure the tank vehicle with wheel chocks and interlocks. u Ensure that the vehicle's parking brakes are set. ❑ Verify proper alignment of valves and proper functioning of the pumping system. ❑ Establish adequate bonding/grounding prior to connecting to the fuel transfer point. ❑ Turn off cell phone. During Unloading u Driver must stay outside within view of the filling nozzle during the entire unloading process. ❑ Periodically inspect all systems, hoses and connections. LiWhen transfer Class 3 materials, shut off the vehicle engine unless it is used to operate a pump. u Maintain communication with the pumping and receiving stations. ❑ Monitor the liquid level in the receiving tank to prevent overflow. Li Monitor flow meters to determine the rate of flow. ❑ When topping off the tank, reduce flow rate to prevent overflow. After Unloading L ❑ Make sure the transfer operation is completed. o Close all tank and loading valves before disconnecting. ❑ Securely close all vehicle internal, external and dome cover valves before disconnecting u Secure all hatches. u Disconnect grounding/bonding wires. (3Make sure the hoses are drained to remove the remaining fuel before moving them away from the connection. Use a drip pan. o Cap the end of the hose and other connecting devices before moving them to prevent uncontrolled leakage. o Remove wheel chocks and interlocks. o Inspect the lowermost drain and all outlets on tank truck prior to departure. If necessary, tighten, adjust, or replace caps, valves, or other equipment to prevent fuel leaking while in transit. 3.10.2 Secondary Containment (40 CFR 112.7(h)(1)) Non-structural secondary containment for the tank truck unloading operations is considered adequate to contain any spills while unloading asphalt, fuel or used oil. Available spill kits (bulk absorbent materials, shovels, absorbent pads and booms) will be used to block the flow and contain any fuel spill at these loading/unloading areas. 3.11 Brittle Fracture Evaluation (40 CFR 112.7(1)) There are no field -constructed tanks at this facility. 312 Conformance with State and Local Applicable Requirements (40 CFR 112.7(j)) Colorado does not require aboveground storage tanks to be registered with Colorado's Department of Labor and Employment's Oil Inspection Section or the Department of Natural Resources. Page 14of30 United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2008 Part 4: Discharge Prevention -SPCC Provisions for Onshore Facilities 4.1 Facility Drainage (40 CFR 112.8(b)) The fuel/oil storage areas at this facility all drain toward the ground surface of the sand/gravel pit. Any large spill that could not be contained in the immediate area of the spill would flow toward the bottom of the pit and be contained. 4.2 Bulk Storage Containers (40 CFR 112.8(c)) Table 4-1 summarizes the construction, volume and content of bulk storage containers at this United Companies of Mesa County facility. Table 4-1: List of Fuel/Oil Containers Tank # #1 Location Gravel Pit TypeCapacity (Construction Standard) AST Metal Tank (gallons)Containment 30,000 gal. Contents Asphalt Cement Discharge Prevention & Single -Wall Metal Tank 2A Gravel Pit AST Metal Tank 15,000 gal. Used Oil Double -Wall Metal Tank 2B Gravel Pit AST Metal Tank 5,000 gal. Dyed Diesel #2Fuel Double -Wall Metal Tank 3 Next to Asphalt Plant Standard 1A1 55 gal. Heat Transfer Single Wall Metal Tank Loader 4 Next to Asphalt Plant Metal Fuel Tank 120 gal. Dyed #2 Diesel Fuel Single -Wall Metal Tank 5 Next to Asphalt Plant Metal Tank 60 gal. Hydraulic OH Single -Wall Metal Tank 4.2.1 Construction (40 CFR 112.8(c)(1)) Asphalt cement, diesel fuel and used oil storage tanks at this facility are constructed of steel in accordance with industry specifications as described above. The design and construction of these bulk storage containers is compatible with the characteristics of the fuel/oil products they contain and with temperature and pressure conditions. 4.2.2 Secondary Containment (40 CFR 112.8(c)(2)) At the fuel/oil unloading area: Absorbent materials; A spill while unloading fuel/oil into the tanks listed above would flow to the flat ground surface in this area of the gravel pit and be contained with available personnel, equipment and bulk absorbent. A leak from any of the tanks listed above would flow to the flat ground surface in this area of the gravel pit and be contained. At the loader parking Area: Absorbent materials; Any fuel/oil leak while parked overnight would be confined to the parking area and would be cleaned up upon discovery. 4.2.3 Drainage of Diked Areas (40 CFR 112.8(c)(3)) The surface of the pond used as the reservoir to remove groundwater from this pit will be inspected daily for any signs of an oil sheen on its surface. If an oil sheen is observed, it must be removed prior to discharging any groundwater/precipitation. 4.2.4 Corrosion Protection (40 CFR 112.8(c)(4)) Corrosion protection was not provided for these ASTs. Page 15 of 30 United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2008 I 4.2.5 Partially Buried and Bunkered Storage Tanks (40 CFR 112.8(c)(5)) All facility AST's are aboveground storage tanks and none are partially buried. 4.2.6 Inspections and Tests (40 CFR 112.8(c)(6)) Visual inspections of these ASTs by facility personnel are performed according to the procedure described in this SPCC Plan. Records of inspections and test are signed by the inspector and kept at the facility for at least three years. Inspection/Test All Tanks Visual inspection by facility D D personnel A A External Inspection by Certified Tank Inspector (per STI SP -001) 20 yrs. 20 yrs. M: Daily A: Annually 4.2.7 Heating Coils (40 CFR 112.8(c)(7» Heating coils have not been provided for any AST or associated piping at this facility. 4.2.8 Overfill Prevention Systems (40 CFR 112.8(c)(8)) The liquid levels in fuel tanks (2A and 2B) have circular gauges that indicate the fuel/oil levels in feet and inches. The oil level in the hydraulic oil tank is determined physically by using a graduated metal dipstick; liquid levels are read and recorded daily. Filling procedures allow these tanks to be filled to a safe height, which is designated to be 90% of the tank capacity. 4.2.9 Effluent Treatment Facilities (40 CFR 112.8(c)(9)) This facility has no effluent treatment facility, stormwater runoff is exclusively surface runoff from the scale house building, fueling areas, dirt roadways and excavated areas. 4.2.10 Visible Discharges (40 CFR 112.8(c)(10)) Visible discharges from any container or appurtenance - including seams, gasket, piping, pumps, valves, rivets, and bolts - are quickly corrected upon discovery. 4.2.11 Mobile and Portable Containers (40 CFR 112.8(c)(11)) There are no mobile containers at this facility except to one 55 -gallon metal drum that is addressed in this SPCC plan. 4.3 Transfer Operations, Pumping, and In -Plant Processes (40 CFR 112.8(d)) Fuel/oil transfer operations at this facility include: the transfer of asphalt cement to Tank #1, fuel from tank trucks to Tanks 2A & 2B, the filling and removal of hydraulic oil from reservoirs and the fueling of the loader at the fueling area. Lines that are not in service or are on standby for an extended period of time are capped or blank -flanged and marked as to their origin. All pipe supports are designed to minimize abrasion arid corrosion and to allow for expansion and Contraction. Pipe supports are visually inspected during the monthly inspection of the facility. Page 16 of 30 United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2008 All aboveground piping and valves are examined monthly to assess their condition. Inspection includes aboveground valves, piping, appurtenances, expansion joints, valve glands and bodies, catch pans, pipeline supports, locking of valves, and metal surfaces. Observations are noted on the monthly inspection checklist provided in this Plan. Warning signs are posted at appropriate locations throughout the facility to prevent vehicles from damaging aboveground piping and appurtenances. The aboveground fuel tanks are protected from vehicu far traffic with the installation of four crash posts. Part 5: Discharge Response This section describes the response and cleanup procedures in the event of a fuel discharge. The uncontrolled discharge of fuel to groundwater, surface water, or soil is prohibited by state and federal laws. immediate action must be taken to control, contain, and recover discharged product. For the purpose of establishing appropriate response procedures, this SPCC Plan classifies discharges as either "minor" or "major," depending on the volume and characteristics of the material released. In general, the following steps are taken: • Eliminate potential spark sources; ▪ If possible and safe to do so, identify and shut down source of the discharge to stop the flow; • Contain the discharge with absorbents, berms, fences, trenches, sandbags, or other material; ► Contact Justin Aubert; ► Contact regulatory authorities and the response organization; and ► Collect and dispose of recovered products according to regulation. A list of Emergency Contacts is provided in Appendix H. The list is also posted at prominent locations throughout the facility. A list of discharge response material kept at the facility is included in Appendix J. 5.1 Response to a Minor Discharge A "minor" discharge is defined as one that poses no significant harm (or threat) to human health and safety or to the environment. Spills which are minor in nature (less than 25 gallons), and have not reached water and can be cleaned up quickly are termed "housekeeping problems" and need not be reported but must be cleaned up immediately. Minor discharges are generally those where: • The quantity of product discharged is small (e.g., involves less than 25 gallons of oil); • Discharged material is easily stopped and controlled at the time of the discharge; ▪ Discharge is localized near the source; Discharged material is not likely to reach water; • There is little risk to human health or safety; and ► There is little risk of fire or explosion. Minor discharges can usually be Cleaned up by United Companies of Mesa County personnel. Please refer to the particular product's material safety data sheet for proper clean up procedures. The following guidelines apply: • Immediately notify the Resource/Environmental Manager. ► Under the direction of the Resource/Environmental Manager, contain the discharge with spill response materials and equipment. Place discharge debris in properly labeled waste containers. ► The Resource/Environmental Manager will complete the discharge notification form (Appendix I) and attach a copy to this SPCC Plan. 5.2 Response to a Major Discharge A "major" discharge is defined as one that cannot be safely controlled or cleaned up by facility personnel, such as when: Page 17 of 30 United Companies -Asphalt Operations with Unit 46-600.SPCC October 20, 2008 The discharge is large enough to spread beyond the immediate discharge area; • The discharged material enters water; ▪ The discharge requires special equipment or training to clean up; The discharged material poses a hazard to human health or safety; or There is a danger of fire or explosion. In the event of a major discharge of greater than 25 gallons of oil products or a spill of less than 25 -gallon of oil products that cannot be contained and cleaned up in less than 24 hours, notify, Justin Aubert, he will notify the State Inspector of Oils Office (303-318-8547), in either case. The following guidelines apply: ® Personnel will take immediate action to prevent any further release of the fuel into the environment; identify and mitigate fire, explosion and vapor hazards. ® Mobilize men and equipment as necessary to contain the spill in as small an area as possible using absorbent material. Absorbent materials and equipment are located next to the AST. • The cause of the spill or leak should be corrected, as soon as possible. • Spilled fuel should be reclaimed or recycled by a salvage contractor, if possible. ® All spill residues should be removed and disposed of properly. • If the spill is of a magnitude where it cannot be contained by the existing manpower, materials and equipment on-site, the local Fire Department should be notified at 911 and requested to respond to the scene. • It is extremely important to provide the Fire Communication Center with sufficient details of the spill location, approximate amount of fuel spilled and whether fire is involved. If Mr. Justin Aubert is not available at the time of the discharge, contact the most senior management person available as soon as possible, who will assume responsibility for coordinating response activities. 5.3 Waste Disposal Wastes resulting from a minor discharge response will be containerized in impervious bags, drums, or buckets. Mr. Justin Aubert will characterize the waste for proper disposal and ensure that it is removed from the facility by a licensed waste hauler within two weeks. Wastes resulting from a major discharge response will be removed and disposed of by a cleanup contractor. 5.4 Discharge Notification Any size discharge (i.e., one that creates a sheen, emulsion, or sludge) that affects or threatens to affect navigable waters or adjoining shorelines must be reported immediately to the National Response Center (1- 800-424-8802). The Center is staffed 24 hours a day. A summary sheet is included in Appendix! to facilitate reporting. The person reporting the discharge must provide the following information: u Name, location, organization, and telephone number o Name and address of the party responsible for the incident ❑ Date and time of the incident o Location of the incident ❑ Source and cause of the release or discharge ❑ Types of materials) released or discharged o Quantity of materials released or discharged a Danger or threat posed by the release or discharge a Number and types of injuries (if any) o Media affected or threatened by the discharge (i.e., water, land, air) Q Weather conditions at the incident location ❑ Any other inforri-mation that may help emergency personnel respond to the incident Contact information for reporting a discharge to the appropriate authorities is listed in Appendix H and is also posted in prominent locations throughout the facility (e.g., in the scale house building, and at the fuel loading /unloading areas). Page 18 of 30 United Companies -Asphalt Operations with Unit 46-600.SPCC October �0, 2008 In addition to the above reporting, 40 CFR 112.4 requires that information be submitted to the United States Environmental Protection Agency (EPA) Regional Administrator and Colorado's Department of Natural Resources (see contact information in Appendix H) whenever the facility discharges (as defined in 40 CFR 112.1(b)) more than 1,000 gallons of oil in a single event, or discharges (as defined in 40 CFR 112.1(b)) more than 42 gallons of oi! in each of two discharge incidents within a 12 -month period. The following information must be submitted to the EPA Regional Administrator and to Colorado's Department of Natural Resources within 30 days: • Name of the facility; • Name of the Resource/Environmental Manager; • Location of the facility; • Maximum storage or handling capacity and normal daily throughput; • Corrective action and countermeasures taken, including a description of equipment repairs and replacements; • Description of facility, including maps, flow diagrams, and topographical maps; • Cause of the discharge(s) to navigable waters and adjoining shorelines, including a failure analysis of the system and subsystem in which the failure occurred; • Additional preventive measures taken or contemplated to minimize possibility of recurrence; • And other pertinent information requested by the Regional Administrator. A standard report for submitting the information to the EPA Regional Administrator and to Colorado's Department of Natural Resources is included in Appendix 1 of this Plan. 5.5 Cleanup Contractors and Equipment Suppliers Contact information for specialized spill response and cleanup contractors are provided in Appendix H and below. These contractors have the necessary equipment to respond to a discharge of oil that affects the navigable waters or adjoining shorelines, including floating booms and oil skimmers. Cleanup Contractor: Environmental & Engineering Consultants @ (970) 243-1642 Spill kits are located at the loading/unloading areas. The inventory of response supplies and equipment is provided in Appendix J of this Plan. The inventory is verified on a monthly basis. Additional supplies and equipment may be ordered from the following sources: Equipment Supplier: Energy Equipment & Supply @ (970) 245-7269 Page 19 of 30 United Companies-'i5 Road-Asphalt Operations.SPCC October 6, 2008 APPENDIX North Spill Prevention, Control and Countermeasure Plan Tank #2 Dual Compartment Tank 15,000 gallon Used Motor Oil 5,000 gallon Dyed Diesel Fuel Tank#1 30,000 gallon Asphalt Cement 46-600 Portable Asphalt Plant Loader Parking Area 120 gallon Dyed Diesel Fuel 60 gallon Hydraulic Oil Parking Area will vary with Pit Location United Companies of Mesa County Asphalt Operations with Portable Plant 46-600 Various Pit Locations in Colorado and Utah SITE MAP Environmental Solutions Date: 10/27/08 r United Companies -Asphalt Operations with Unit 40-600.SPCC October 20, 2008 Appendix B: CERTIFICATION OF THE APPLICABILITY OF THE SUBSTANTIAL HARM CRITERIA CHECKLIST UNITED COMPANIES OF MESA COUNTY ASPHALT OPERATIONS WITH PORTABLE PLANT 46-600 AT VARIOUS PIT LOCATIONS IN COLORADO AND UTAH 1. Does the facility transfer oil over water to or from vessels and does the facility have a total oil storage capacity greater than or equal to 42,000 gallons? Yes No X 2. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and does the facility lack secondary containment that is sufficiently large to contain the capacity of the largest aboveground oil storage tank plus sufficient freeboard to allow for precipitation within any aboveground oil storage tank area? Yes No X 3. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a distance such that a discharge from the facility could cause injury to fish and wildlife and sensitive environments? Yes No X 4. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and is the facility located at a distance such that a discharge from the facility would shut down a public drinking water intake? Yes No X 5. Does the facility have a total oil storage capacity greater than or equal to 1 million gallons and has the facility experienced a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last 6 years? Yes No X CERTIFICATION I certify under penalty of law that 1 have personally examined and am familiar with the information submitted in this document, and that based on my inquiry of those individuals responsible for obtaining this information believe�that the submitted information is true, accurate, and complete. 'p Printed Name gnature Date Page 21 of 30 United Companies -15 Road -Asphalt Operations.SPCC October 6, 2006 Appendix C: SPCC PLAN CHECKLIST FOR BULK OIL STORAGE FACILITIES 1. Operator and Resource/Environmental Manager Addresses and Phone Nos. 11. Day-to-day Operation and Facility Background. III. Receiving Water/Probable Flow Paths. 1V. Copy of SPCC Plan/Site Diagrams Certification of Engineer 112.3 (d). _ Reviewed within past five years 112,5 (b). Full approval of appropriate level management 112.7. Spill history 112.7 (a). Diversionary structures and containment 112,7 (c). V. SPCC Measures 112.7 (e) (1) Facility drainage i) Dike drainage via valves or manually controlled pumps. ii) No flapper -type drain valves on diked areas. Dike drain valves manual control. iii) Undiked.area drains to catch basin. iv) If no drain prep as above. Diversion system to return oil. v) If drainage water not moved by gravity flow, then redundant lift pump setup. 112.7 (e) (2) Bulk storage tank _ i) Material and construction compatible with contents. _ ii) Secondary containment for largest tank + precipitation, and dikes sufficiently impervious to spill oil _ or trench enclosure draining to catch basin. _ iii) Rainwater. drainage bypassing in plant treatment okay if: bypass valve normally sealed closed, and inspection and compliance with water quality standards, and valve opened under responsible supervision, and _ records kept to drainage events. iv) Buried tank protected against corrosion/regular pressure testing. v) Partially buried tank protected against corrosion. vi) Surface tank integrity tested via hydrostatic, visual inspection, or nondestructive shell thickness methods. ; Construction of tank base adequate. vii) Internal heating coils are closed loop or treated and monitored. vii) Fail-safe engineering on all tanks, new and old, via high liquid level alarms or high liquid level pump cutoff devices, or audible/code warning, and regular testing of liquid level sensors. ix) Water discharge facilities inspected regularly. x) Visible leaks on tank and piping corrected. xi) Secondary containment for largest portable storage tank. Portable tank area free from periodic flowing or washout. 112.7 (e) (3) Facility transfer operations i) Buried piping protected against corrosion. ii) Out -of service pipes capped with origin marked. iii) Pipe supports minimize abrasion, corrosion, sagging. _ iv) Regular inspection of surface pipe and valves. Regular pressure testing for pipes with no secondary containment. Signs to warn vehicles about piping. United Companies -15 Road -Asphalt Operations.SPCC October 6, 2008 112.7 (e) (4) Facility loading/unloading racks _ 1) FoIldw DOT procedures for loading/unloading tank cars and tank trucks. _ ii) Secondary containment for largest vehicle compartment (or quick drainage system). _ iii) Prevention of early vehicle departure via warning signs, physical barriers, or interlocked warning light. _ iv) Vehicles examined for leakage at all outlets prior to departure. 11.2.7 (e) (8) Inspections and records Written procedures records kept for three years of inspection and, Records (inspections, discharges, training, briefings) kept for three years. 112.7 (e) (9) Security i) Fully fenced. _ Gates locked when plant unattended. _ ii) Master flow and drain valves of tank locked closed. iii) Starter control locked "off' or located where only the authorized have access. iv) Out -of -service pipelines capped or blank -flanged. v) Lighting adequate for night spill detection and deterring vandals. 112.7 (e) (10) Personnel, training and spill prevention procedures i) Personnel instructed in equipment operation and oil regulations. _ ii) One person accountable for spill prevention. _ iii) Resource/Environmental Manager/operator schedules regular briefings. 112.20 (e) Applicability of Substantial Harm Criteria Checklist Completed. STI SP00I Monthly Inspection Checklist nspection Date: Retain Until Date: (36 Months from inspection date) Prior Inspection Date: Inspector Name: Tanks inspected (ID #'s): Inspection Guidelines: • For equipment not included in this standard, follow the manufacture recommended inspection/testing schedules and procedures. • (*) designates an item in a non-conformance status. This indicates that action is required to address a problem. • Non -conforming items important to tank or containment integrity require evaluation by an engineer experienced in AST design, a certified inspector, or a tank manufacturer who will determine the corrective action. Note the non- conformance and corresponding corrective action in the comment section. Item Status Comments 1.0 Tank Containment 1.1 Water in primary tank, secondary containment, interstice, or spill container? ❑ ❑ Yes* No 1.2 Debris or fire hazard in containment? ❑ ❑ Yes* No 1.3 Drain valves operable and in a closed position? ❑ u Yes No 1.4 Containment egress pathways clear and gatesldoor operable? ❑ u Yes No 2.0 Leak Detection 2.1 Visible signs of leakage around the tank, concrete pad, containment, ringwall or ground? ❑ ❑ Yes No 3.0 Tank Attachment and Appurtenances 3.1 Ladder and platform structure secure with no sign of severe corrosion or damage? ❑ ❑ Yes No 3.2 Tank Liquid level gauge readable and in good condition? a ❑ Yes No 3.3 Check all tank openings are properly sealed? ❑ ❑ Yes No 4.0 Other Conditions 4.1 Are there other conditions that should be addressed for continued safe operation or that may affect the site SPCC plan? 0 u Yes No Additional Comments: STI SP007 Annual Inspection Checklist Inspection Date: Retain Until Date: (36 Months from inspection date) Prior Inspection Date: Inspector Name: Tanks Inspected (ID #'s): inspection Guidelines: • For equipment not included in this standard, follow the manufacture recommended inspection/testing schedules and procedures. • Inspect the AST shell and associated piping, valves, and pumps including inspection of the coating for Paint Failure. • Inspect o 1. Earthen containment structures including examination for holes, washout and cracking in addition to liner degradation and tank settling. o 2. Concrete containment structures and tank foundations/supports including examination for holes, washout, settling, paint failure, in addition to examination for corrosion and leakage. o 3. Steel containment structures and tank foundations/supports including examination for holes, washout, settling, paint failure, in addition to examination for corrosion and leakage. • Inspection for cathodic protection system, if applicable, includes the wire connections for galvanic systems and visual inspection of the operational components (power switch, meters and alarms) of impressed current systems. • Remove promptly upon discovery standing water or liquid in the primary tank, secondary containment area, interstice, or spill container.. Before discharge to the environment, inspect the liquid for regulated products or other contaminates and disposed of it properly. • (*) designates an item in a non-conformance status. This indicates that action is required to address a problem. • Non -conforming items important to tank or containment integrity require evaluation by an engineer experienced in AST design, a certified inspector, or a tank manufacturer who will determine the corrective action. Note the non- conformance and corresponding corrective action in the comment section. • Complete this checklist on an annual basis supplemental to the Mining Superintendent monthly -performed inspection checklists. Item Status Comments 1.0 Tank Containment 1.1 Containment structure in satisfactory condition? ❑ ❑ Yes No* 1.2 Drainage pipes/valve fit for continued service? ❑ 0 Yes No* 2.0 Tank Foundation and Supports 2.1 Evidence of tank settlement or foundation washout? 0 ❑ Yes* No 2.2 Cracking or spelling of concrete pad or ring wall? 0 0 Yes* No 2.3 Tank supports in satisfactory condition? © Nos + Water able to drain away from tank? ❑ 0 Yes No* 2.5 Grounding strap secured and in good condition? ❑ ❑ Yes No* 3.0 Cathodic Protection 1 CP system functional? U u o Yes No N/A 3.2 Rectifier reading: 4.0 Tank External Coating 4.1 Evidence of paint failure? ❑ ❑ Yes* No 5.0 Tank Shell/Heads 5.1 Noticeable shell/head distortions, buckling, denting or bulging? ❑ u Yes* No 5.2 Evidence of shell/head corrosion or cracking? u ❑ Yes* No 6.0 Tank Manway, Piping and Equipment within Secondary Containment 6.1 Flanged connection bolts tight and fully engaged with no sign of wear or corrosion? u 0 Yes No* 7.0 Tank Roof 7.1 Standing water on roof? ❑ ❑ Yes No* 7.2 Evidence of coating, cracking, crazing, peeling, and blistering? u 0 Yes No* .3 Holes in roof? ❑ ❑ Yes* No 8.0 Venting 8.1 Vents free of obstructions? ❑ ❑ Yes No* 8.2 Emergency vent operable? Lift as required? 0 0 Yes No* 9.0 Insulated Tanks 9.1 Insulation missing? ❑ ❑ Yes* No 9.2 Are there noticeable areas of moisture an the insulation? 0 0 Yes* No 9.3 Mold on insulation? o ❑ Yes* No 9.4 Insulation exhibiting damage? ❑ ❑ Yes' No 9.5 Is the insulation sufficiently protected from water intrusion? 0 ❑ Yes No* 10.0 Level and Overfill Prevention Instrumentation .1 Has the tank liquid level -sensing device ..ieen tested to ensure proper operation? 0 0 Yes* No 10.2 Does the tank liquid level sensing device operate as required? ❑ ❑ Yes No* ,0.3 Are overfill prevention devices in proper ❑ Yes working condition? © No* 11.0 Electrical Equipment 11.1 Are tank grounding lines in good ❑ Yes• condition? ❑ No* 11.2 Is electrical wiring for control ❑ Yes boxes/lights in good condition? ❑ No* Additional Comments: United Companies -15 Road -Asphalt Operatians.SPCC October 6, 2008 Appendix E. DISCHARGE PREVENTION BRIEFINGS AND TRAINING 40 CFR 112.7(t) The following employees have been trained in spill prevention for United Companies of Mesa County facility located at 15 Road Site -Asphalt Operations in Fruita, Colorado. By signing this training form, the employee does acknowledge that he/she is thoroughly familiar with proper spill prevention and emergency procedures, relevant to his/her responsibilities during normal facility operations and emergencies. Training topics include: (1) the operation and maintenance of equipment to prevent discharges, (2) discharge procedure protocols, (3) applicable pollution control laws, rules and regulations, (4) general facility operation and (5) the contents of Spill.Prevention Control and Countermeasure Plan Name (Printed) Name (Signature) Date of Training Trainer: United Companies-i5 Road Asphalt Operations.SPCC October 6, 2008 Appendix F: Calculation of Secondary Containment Capacity Not Applicable I United Companies -15 Road -Asphalt Operations.SPCC October 6, 2.008 { Appendix G: Records of Tank Integrity and Pressure Tests Attach copies of official records of tank integrity and pressure tests. United Companies -Asphalt Operations with Unit 46-600.SPCC October 2Q, 2008 Appendix H: Emergency Contacts Emergency Contacts (40 CFR 112.7(x)(3)) National Response Center Colorado Department of Natural Resources Cleanup Contractor: STTI Environmental & Engineering Consultants Local Fire Department Mr. Justin Aubert 1-800-424-8802 (303) 866-3567 (970) 243-1642 911 (970) 243-4900 Equipment Supplier: Energy Equipment & Supply @ (970) 245-7269 Page 27 of 30 I United Companies -Asphalt Operations with Unit 46-600.SPCC OctOber 20, 2008 Appendix 1: Oil Spill Discharge Report Form (40 CFR112.7 (a)(4)) United Companies of Mesa County Facility Asphalt Operations with Portable Plant 46-600 Various Pit Locations in Colorado and Utah Telephone (970) 243-4900 Person submitting report: Describe Oil Spill: Date: Time: Type of Material: Estimate of Total Quantity Discharged: Source of Discharge: Cause of Discharge: Location of Discharge: Responsible Party: Name: Address/Telephone Number: Description of All Affected Areas: Danger/Threat Posed by the Release or Discharge: Any Damage or Injuries Caused by the Discharge: Was an Evacuation Needed? Names of Individuals and/or Organizations Already Contacted: Weather Conditions at the Incident Location: Actions Being Used to Stop, Remove and Mitigate the Effects of the Discharge: Page 28 of 30 United Companies -15 Road -Asphalt Operations.SPCC October 6, 2008 I Appendix J: Discharge Response Equipment Inventory Socks: Booms: Pads: 2- 3 roll$ Pillows: Shovels: Bulk Absorbent --Bags: Sall cocci ,.,....1 �a United Companies--1.5 Road-Asphalt Opsrations.SPCC October 6, 2008 I Appendix K: Record of Containment Drainage This record must be completed when rainwater from diked areas is drained into a storm drain or into an open watercourse, lake, or pond. The bypass valve must be kept in the closed position during normal operations. It must be opened and closed following drainage under responsible supervision. Date/Time Diked Area Presence of OiI/No Oil Signature STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 02P00224 DATE ISSUED: ISSUED TO: march 19, 2008 Oldcastle SW Group, Inc. INITIAL APPROVAL modification #1 THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable aggregate processing plant No. CR -5, home-based at 2273 River Road, Grand Junction, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (1) Pioneer, CS3042, 403414, crusher, rated at 600 tons per hour - (AIRS Point 001) One (1) Kolberg, IC400, 403418, cone crusher, rated at 600 tons per hour - (AIRS Point 002) One (1) JCI, 8X20, 403416, screen, rated at 600 tons per hour - (AIRS Point 003) One (1) Caterpillar, C12-370, diesel fired engine — (AIRS Point 004) One (1) Caterpillar, C-16-500, diesel fired engine --- (AIRS Point 005) One (1) Caterpillar, C-12, diesel fired engine — (AIRS Point 006) Particulate matter shall be controlled with water spray bars. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation No. 1, Section II.A.1. & 4.) 2. The permit number shall be marked on the subject equipment for ease of identification. (Reference: Regulation No. 3, Part 13, Section 111.E.) (State only enforceable) 3. Each time this equipment is moved to a new location within the State of Colorado the owner or operator shall file a Relocation Notice. Such notice shall be received by the Division at least ten (10) days prior to the change in location. The Relocation Notice shall include a facility emission inventory of all emission units at the site. (Reference: Regulation No. 3, Part A, Section II.C.1.f and Part 13, Section 111.E.) AIRS Point ID: 777/1918/001 ver. 2/00 Oldcastle SW Group, Inc. Initial Approval -- mod #1 Permit No. 02P00224 PAGE 2 Colorado Department of Public Health and Environment Air Pollution Control Division 4. When relocated, all of the equipment shall be moved as a unit only. Prior to moving pieces of equipment individually, a revised Air Pollutant Emission Notice (APEN) shall be filed and separate construction permits obtained for each piece of equipment to be moved separately. 5. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation No. 3, Part B, Section II.A.4.) Particulate Matter: PM10 (Particulate Matter<10 pm): Sulfur Dioxide: Nitrogen Oxides: Volatile Organic Compounds Carbon Monoxide: 8.7 tons per year. 3.7 tons per year. 0.89 tons per year. 55.9 tons per year. 1.4 tons per year. 14.9 tons per year. 6. Fugitive emissions from crusher hopper loading are estimated based upon the production rate listed below. Particulate emissions shall not exceed the following limitations (as calculated in the Division's preliminary analysis Fugitive Particulate Matter: 1.8 tons per year. Fugitive PM10 (Particulate Matter<10 pm): 0.66 tons per year. 7. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation No. 3, Part B, Section II.A.4.) Screening of aggregate shall not exceed 1200,000 tons per year. Compliance with the yearly production limits shall be determined on a rolling twelve (12) month total. 8. This source shall be limited to a maximum fuel use rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation No. 3, Part B, Section II.A.4.) Consumption of diesel fuel shall not exceed 255,000 gallons per year. Compliance with the yearly consumption limits shall be determined on a rolling twelve (12) month total. 9. Spray bars shall be used if material moisture content is insufficient to control particulate emissions. 10. A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, Section [I.C.) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: AIRS Point ID: 777/1918/001 ver. 2/00 Uldcastle SW Group, Inc. Initial Approval —€ou#-1 Permit No. 02P00224 PAGE 3 Colorado Department of Public Health and Environment Air Pollution Control Division For sources emitting Tess than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN submitted; or For sources emitting 100 tons per year or more, a change in actual emissions of five percent or 50 tons per year or more, whichever is less, above the level reported on the last APEN submitted; or A change in actual emissions, above the level reported on the last APEN submitted, of 50 pounds of lead For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No Fater than 30 days before the existing APEN expires. 11. This source is subject to the New Source Performance Standards requirements of Regulation No. 6, Part A, Subpart 000, Standards of Performance for Nonmetallic Mineral Processing Plants, when used at a site with initial crushing capacity of greater than 150 fonts per hour (portable sources) or 25 tons per hour (fixed sources) including, but not limited to, the following: a. Visible emissions from crushers shall not exceed fifteen percent (15%) opacity. b. Visible emissions from screens and each transfer point shall not exceed ten percent (10%) opacity. in addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation No. 6, Part A. General Provisions from 40 CFR 60.11 b. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents. to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) AIRS Point ID: 777/1918/001 ver. 2/00 Oldcastle SW Group, Inc. Initial Approval — mod #1 Permit No. 02PO0224 PAGE 4 Colorado Department of Public Health and Environment Air Pollution Control Division c. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. d. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7, e, Written notification of opacity observation or monitor demonstrations shall be submitted to the Division as required under § 60.7. f. Compliance with opacity standards shall be demonstrated according to § 60.11. 11, All previous versions of this permit are canceled upon issuance of this permit. 12. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Information on how to certify compliance was mailed with the permit.) Michael Harris, R K Hancock III, P.E. Permit Review Engineer Construction Permits Unit Leader Permit history: Initial Approval issued on August 29, 2002 Final Approval issued on March 22, 2004 Initial approval Modification #1: this issuance, increase aggregate throughput from 1,000,000 to 1,200,000 tpy and diesel from 212,400 to 255,000 gallons per year. AIRS Point ID: 777119181001 ver. 2/00 Oldcastle SW Group, Inc. Initial Approval -- mod #1 Permit No. 02P00224 PAGE 5 Notes to Permit Holder: Colorado Department of Public Health and Environment Air Pollution Control Ont-oi D i-visj UI 1) The production or raw material processing Limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2) This source is subject to the Common Provisions Regulation Part ll, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation. See: http://www. cdphe.state. co. us/regulations/airregs/100102agcccommonprovisionsreg. pdf. 3) The emission levels contained in this permit are based on the following emission factors: Crusher: Particulate Matter: 0.0054 pounds per ton of screened aggregate PMto (particles less than 10 microns): 0.0024 pounds per ton of screened aggregate (78% control applies for water spray bars) Screen Particulate Matter: 0.3 pounds per ton of screened aggregate PM10 (particles less than 10 microns): 0.0072 pounds per ton of screened aggregate (97% control applies for water spray bars) Diesel Engine Particulate Matter: PM10 (particles less than 10 microns): Volatile Organic Compounds: Nitrogen Oxides: Sulfur Oxides: Carbon Monoxide: 0.1 pounds per million BTU of heat input 0.1 pounds per million BTU of heat input 0.08 pounds per million BTU of heat input 3.2 pounds per million BTU of heat input 0.051 pounds per million BTU of heat input 0.85 pounds per million BTU of heat input 4) This source is classified as a: Minor Source 5) In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years. The five year term for the APEN received with this permit application expires on October 30, 2012. A revised APEN shall be submitted no later than 30 days before the five year term expires. IRS Point ID: 777/1918/001 ver. 2/00 Oldcastle SW Group, Inc. initial Approval — mod #1 Permit No. 02P00224 PAGE 6 Colorado Department of Public Health and Environment 'Air Pollution Control Division GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5, 6, 7 AND a) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7- 114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part 8, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section III.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7- 114.5(12)(a), C.R,S. and AQCC Regulation No. 3, Part 8, Section 111.0,1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual foe billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. IRS Point ID: 777/1918/091 ver. 2/00 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 02P00225 DATE ISSUED: March 19, 2008 INITIAL APPROVAL modification #1 ISSUED TO: Oldcastle SW Group, Inc. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable aggregate processing plant No. CR -6, home-based at 2273 River Road, Grand Junction, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One (1) Kolberg, K400, 403421, crusher, rated at 600 tons per hour— (AIRS Point 001) One (1) JCI, 8X20, 403420, screen, rated at 600 tons per hour— (AIRS Point 002) One (1) Caterpillar, C16-500, diesel fired engine — (AIRS Point 003) One (1) Caterpillar, C-12, diesel fired engine — (AIRS Point 004) Particulate matter shail be controlled with water spray bars. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et sec{), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation No. 1, Section II.A.1. & 4.) 2. The permit number shall be marked on the subject equipment for ease of identification. (Reference: Regulation No. 3, Part B, Section 111.E.) (State only enforceable) 3. Each time this equipment is moved to a new location within the State of Colorado the owner or operator shall file a Relocation Notice. Such notice shall be received by the Division at least ten (10) days prior to the change in location. The Relocation Notice shall include a facility emission inventory of all emission units at the site. (Reference: Regulation No. 3, Part A, Section II.C.1.f and Part B, Section I11.E.) 4. When relocated, all of the equipment shall be moved as a unit only, Prior to moving pieces of AIRS Point ID: 777/1919/001 ver. 2/00 O]dcastle SW Group, Inc. Initial Approval — mod #1 Permit No. 02PO0225 PAGE 2 Colorado Department of Public Health and Environment Aft Pollution Control Division 4. When relocated, all of the equipment shall be moved as a unit only. Prior to moving pieces of equipment individually, a revised Air Pollutant Emission Notice (APEN) shall be filed and separate construction permits obtained for each piece of equipment to be moved separately. 5. Emissions of air pollutants shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation No. 3, Part B, Section II.A.4.) Particulate Matter: 7.3 tons per year. PM10 (Particulate Matter<10 µm): 2.8 tons per year. Sulfur Dioxide: 0.61 tons per year. Nitrogen Oxides: 38.4 tons per year. Volatile Organic Compounds 0.96 tons per year. Carbon Monoxide: 10.2 tons per year. 6. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation No. 3, Part B, Section II.A.4.) Screening of aggregate shall not exceed 1,200,000 tons per year. Compliance with the yearly production limits shall be determined on a rolling twelve (12) month total. 7. This source shall be limited to a maximum fuel use rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Annual records of the actual consumption rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation No. 3, Part B, Section II.A.4.) Consumption of diesel fuel shall not exceed 175,000 gallons per year. Compliance with the yearly consumption limits shall be determined on a rolling twelve (12) month total. 8. Spray bars shall be used if material moisture content is insufficient to control particulate emissions. 9. A Revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Regulation No. 3, Part A, Section I1.C.) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the fast APEN submitted; or For sources emitting 100 tons per year or more, a change in actual emissions of five percent or 50 tons per year or more, whichever is less, above the level reported on the last APEN submitted; or AIRS Point ID: 777/1919/001 ver. 2/00 Oldcastle SW Group, Inc. Initial Approval — mod #1 Permit No. 02PO0225 PAGE 3 Colorado Department of Public Health and Environment Air Pollution Control Division A change in actual emissions, above the level reported on the last APEN submitted, of 50 pounds of lead For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 10. This source is subject to the New Source Performance Standards requirements of Regulation No. 6, Part A, Subpart 000, Standards of Performance for Nonmetallic Mineral Processing Plants, when used at a site with initial crushing capacity of greater than 150 fonts per hour (portable sources) or 25 tons per hour (fixed sources) including, but not limited to, the following: a. Visible emissions from crushers shall not exceed fifteen percent (15%) opacity. b. Visible emissions from screens and each transfer point shall not exceed ten percent (10%) opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation No. 6, Part A. General Provisions from 40 CFR 60.11 b. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) c. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60,7. d. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. e. Written notification of opacity observation or monitor demonstrations shall be AIRS Point ID: 77711919/001 ver. 2/00 Oldcastle SW Group, Inc. initial Approval — mod #1 Permit No. 02P00225 PAGE 4 Colorado Department of Public Health and Environment Air Pollution Control Division submitted to the Division as required under § 60.7. f. Compliance with opacity standards shall be demonstrated according to § 60.11. 10. All previous versions of this permit are canceled upon issuance of this permit. 11. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Information on how to certify compliance was mailed with the permit.) Michael Harris, .E. Permit Review Engineer R K Hancock 111, P.E. Construction Permits Unit Leader Permit history: Initial Approval issued on August 29, 2002 Final Approval issued on March 22, 2004 Final approval Modification #1, this issuance: increase aggregate throughput from 650,000 to 1,200,000 tpy and diesel usage from 147,600 to 175,000 gallons per year. AIRS Point ID: 777/1919/001 ver. 2/00 Oldcastle SW Group, Inc. Initial Approval -- mod #1 Permit No. 02P00225 PAGE 5 Notes to Permit Holder: Colorado Department of Public Health and Environment Air Pollution Control Division 1) The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedence of any spec& emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2) This source is subject to the Common Provisions Regulation Part 11, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part Il.E.1. of the Common Provisions Regulation. See: h ttp://wwvv. cdph e. sta te. co. us/regulations/airregs/100102a gcccommonprovisionsreg. pdf. 3) The emission levels contained in this permit are based on the following emission factors: Crusher: Particulate Matter: 0.0054 pounds per ton of screened aggregate PM10 (particles less than 10 microns): 0.0024 pounds per ton of screened aggregate (78% control applies for water spray bars) Screen Particulate Matter: 0.3 pounds per ton of screened aggregate PM10 (particles less than 10 microns): 0.0072 pounds per ton of screened aggregate (97% control applies for water spray bars) Diesel Engine Particulate Matter: PKo (particles less than 10 microns): Volatile Organic Compounds: Nitrogen Oxides: Sulfur. Oxides: Carbon Monoxide: 0.1 pounds per million BTU of heat input 0.1 pounds per million BTU of heat input 0.08 pounds per million BTU of heat input 3.2 pounds per million BTU of heat input 0.051 pounds per million BTU of heat input 0.85 pounds per million BTU of heat input 4) This source is classified as a: Minor Source 5) In accordance with C.R.S. 25-7-114.1, the Air Pollutant Emission Notice (APEN) associated with this permit is valid for a term of five years. The five year term for the APEN received with this permit application expires on October 30, 2012. A revised APEN shall be submitted no later than 30 days before the five year term expires. AIRS Point ID: 777/1919/001 ver. 2/00 Oldcastle SW Group, Inc. Initial Approval -- mod #1 Permit No. 02P00225 PAGED Colorado Department of Public Health and Environment Air Pollution Control Division GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5, 6, 7 AND 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7- 114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section 11,13. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section 111.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. lithe APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must ;e demonstrated within 180 days aftercor"riencernent of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7- 114.5(12)(a), C.R.S. and AQCC Regulation No, 3, Part 13, Section il1.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. Ifa source or activity is to be discontinued, the owner rnust notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C,R.S. AIRS Point ID: 777/1919/001 ver. 2/00 United Companies CR5&6 SPCC Plan June, 2009 Greg Lewicki And Associates, PLLC 11541 Wairiiigton Court Phone: (303) 346-5196 Fax (303)-346-6934 Parker, CO USA 80138 1J -Mail: info@lcwicld.biz CR5&6 SPCC Plan Table of Contents Management Approval and Review [112.5 and 112.7(d)(2)1 i Professional Engineer's Review [112.3(d)] ii Introduction 1.0 Purpose 1.1 Using the Plan 1.1.1 SPCC Plan Revisions 1.1.2 Equipment Description [1 12.7(a)(3)1 1.2 Location and Use 1.2.1 Waterways and Abutters 1.2.2 Site Drainage 1.2.3 Potential Spill Sources and SPCC Features 2.0 SPCC Compliance [1 12.7(a)(1) and 1 12.7(a)(2) and 112.81_ 2.1 Tables [112.7(a)(3)(i and iii) and 112.7(b)1 2.2 Spill Prevention and Response 3.0 Discharge Prevention 3.1 SPCC Features and Operating Procedures [112.7_ (a) (3) and 112.8] 3.1.1 Tests and Inspections [112.7(e) and 112.8 (c) (6)] 3.1.2 Training [112. 7(f)] 3.1.3 Security [112.7(g)] 3.1.3 Emergency Response [1 12.7(a)(3)(iv) and 112.7(c) 3.2 Minor Spill Response [112.7 (a) (3) (iv)] 3.2.1 Major Spill Response [112.7 (a)(3)(iv)] 3.2.2 Waste Disposal [112. 7(a)(3)(v)] 3.2.3 Notification and Reporting [112. 7(a)(4)] 3.2.4 Required Improvements 4.0 Emergency Contacts [112.7(a)(3)(vi)] Appendix A Spill Notification Form Appendix B Equipment Layout Map [112.7(a)(3) Appendix C Substantial Harm Criteria Checklist [112.20(e)] Appendix D Monthly AST Inspection Checldist Appendix E Employee Training Log Appendix F Management Approval and Review [112.5 and 112.7(d)(2)J Management Approval United Companies, the operator of CR5&6, is committed to the prevention of discharges of oil to navigable waters or the environment, and maintains the highest standards for spill prevention control and countermeasures through periodic review, updating, and implementation of this Spill Prevention Control and Countermeasure (SPCC) Plan. The operator will provide the manpower, equipment and materials required to expeditiously control and remove any quantity of oil discharged that may be harmful. Authorized Representative: jesov/fe/ ktorrme ski j 1�r Signatur Title: Date Management Review A review and evaluation of this SPCC Plan will be conducted at least once every three years. As a result of this review and evaluation, the operator will amend the SPCC Plan within six months of the review to include more effective prevention and control technology if: (1) such technology will significantly reduce the likelihood of a spill event from the site where the equipment is located, and (2) if such technology has been field -proven at the time of review. This SPCC Plan will also be amended within six months after a change in the equipment design, construction, operation, or maintenance occurs which materially affects the equipment's potential for the discharge of oil into or upon the navigable waters of the United States or adjoining shorelines. Any technical amendment to the SPCC Plan shall be certified by a Professional Engineer. Review Dates Signature Amendment Required? (YIN) CR5&6 SPCC Pian - June 2009 Page ti Professional Engineer's Review [112.3 (d)(1)] The undersigned Registered Professional Engineer is familiar with the requirements of Chapter 40 of the Code of Federal Regulations Part 112 (40 CFR 112) and has supervised examination of the equipment. The undersigned Registered Professional Engineer attests that this Oil Spill Prevention Control and Countermeasure Plan has been prepared in accordance with good engineering practices including applicable industry standards, and in accordance with the requirements of Chapter 40 of the Code of Federal Regulations Part 112 (40 CFR 112); that procedures have been established for required inspections and testing; and that the Plan is adequate for the equipment. Signature (.`' fax Name Title -6 izidtekt +- A ameas- Company /DT Date P.B. Registration Number CR5&6 SPCC Plan - June 2009 Page ii 1.0 Introduction 1.1 Purpose The purpose of this Spill Prevention Control and Countermeasure (SPCC) plan is to prevent spills from occurring, and to perform safe, efficient and timely response in the event of a spill or leak (both referred to as "spills" herein). In accordance with United States Environmental Protection Agency (EPA) oil pollution prevention regulations (40 CFR 112), the operator must prepare and implement an SPCC plan for facilities that could reasonably be expected to discharge oil into or upon navigable waters or adjoining shorelines; and, meet one of the following conditions: • Above -ground oil storage capacity exceeds 1,320 gallons; or • Underground oil storage capacity exceeds 42,000 gallons, unless the underground. As defined by 40 CFR Part 112, oil includes all grades of motor oil, hydraulic oil, lube oil, fuel oil, gasoline and diesel, automatic transmission fluid (ATF), waste oil, and transformer mineral oil. The definition of oil also includes non -petroleum oils such as animal or vegetable oils and synthetic oils. 1.13 Using the Plan In addition to satisfying a regulatory requirement, this SPCC plan should be a working document to accompany the equipment where ever it may be placed. The plan should be used frequently in the following ways: • As a reference for oil storage and containment system information. • As a tool for informing new employees and refreshing existing employees on practices for preventing and responding to spills. • As a guide to periodic training programs for employees. • As a guide to equipment inspections. • As a resource during an emergency response. 1.1.2 SPCC Plan Revisions The operator must revise this SPCC plan for any change in the equipment design, construction, operation or maintenance that affects the equipment's potential for discharging oil. Revisions must occur as soon as possible, but no later than six months after the change occurs. The Equipment Manager is responsible for initiating and coordinating such revisions. Additionally, this SPCC plan must be reviewed at least once every three years. Revisions to the plan, if any, must be made within six months of the review. Equipment information related to the SPCC plan must be submitted to the United States Environmental Protection Agency (EPA) Regional Administrator whenever the equipment discharges more than 1,000 gallons in a single event, or discharges more than 42 gallons of oil in each of two spill events within a 12 -month period. CR5&6 SPCC Plan - June 2009 Page 1-1 1.2 Equipment Description [112.7(a)(3)] 1.2.1 Location and Use This equipment is mobile and is used on many sites each year. In general the equipment is placed on the pit floor of an existing pit. Wherever the equipment is set up, there will always be secondary containment either through the used of individual secondary containment around each oil container or a being located within a pit or having a temporary berm installed around the equipment. Several of the locations are operated below the natural ground water level and therefore need to dewater the pit. In the event of a spill that reaches the water being dewatered, the pit pump will be shut off and the impacted water within the pit will not be discharged. Prior to mining, the pit will need to be dewatered. This will be accomplished by installing a perimeter dewatering trench. The trenches will lead to a sump where the pit pump is installed. 1.2.2 Waterways and Abutters It is also common for the equipment is used to be near a river, but the site is graded to not directly drain to the river. This initial site grading prevents sediment from the disturbed area from entering the river as well as provides containment in the event of a petroleum product spill. In the event of a spill at dirt berm will be constructed if not already in place and the spill will not be allowed off the site. If the spilled material enters the dewatering trenches, the pit pump will be shut off to prevent off site contamination. 1.2.3 Site Drainage Drainage will be directed into the pit bottom. If the site is a wet pit, the inflowing groundwater will then be pumped into the adjacent settling pond prior to discharge. CR5&6 SPCC Plan - June 2009 Page 1-2 2.0 Potential Spill Sources and SPCC Features 2.1 SPCC Compliance [112.7(a)(1) and 112.7(a)(2) and 112.8 The spilt sources associated with CR5&6 aro the fuel, oil and lube tanks. 2.2 Tables [112.7(a)(3)(i and and 112.7(b)1 Fuel/Oil Dispensers Location Product/Size Estimated Spill Secondary Direction Containment Nearest Spill Kit Location Jaw Crusher (Item A) Jaw Crusher (Item A) Cone Crusher (Item D & G) Cone Crusher (Item D & G) Screens (Items B & F) Screens (Items B & F) Dyed Diesel - 2x180 gat. Hydraulic Oil - 10 gal. Dyed Diesel - 500 gal. each Hydraulic Oil - 240 gal. each Dyed Diesel - 500 gal. each Hydraulic Oil - 240 gal. each Pit Floor Pit Floor Pit Floor Pit Floor Pit Floor Pit Floor Temporary Dirt Birm Temporary Dirt Berm Temporary Dirt Berm Temporary Dirt Berm Temporary Dirt Berm Temporary Dirt Bern Control House ( Item L) Control House ( Item L) Control House ( Item L) Control House ( Item L) Control House ( Item L) Control House ( Item L) Note: The location of each piece of equipment is shown on the Equipment Layout Map in Appendix C. Mobile Equipment Name Equipment Class Hydraulic On -board Quantity Fuel Tank (gal) System (gal) Spill Kit 962G Series II Wheel Loader: Medium 1 75.3 40 Note: This list is an estimate of on-site equipment. Equipment may vary. Equipment manufacturer may also vary. Tank sizes are based on Cat equipment. Spill Kits Spill kits are used with this equipment and include waste containers for contaminated soil, labels and a shovel to place the contaminated soil in the container. The spill kit will be stored next to the control van of CR5&6. In the event of a spill the contaminated soil will be mixed with recycled asphalt pavement as a feedstock into one of United's local asphalt plants that are permitted to hand such material. If a significant amount of oil is spilled on the ground the material may be hauled in a covered dump truck for disposal. CR5&6 SPCC Plan - June 2009 Page 2-1 3.0 Spin Prevention and Response 3.1 Discharge Prevention 3.1.1 SPCC Features and Operating Procedures [112. 7(a)(3) and 112.8] The operator's employees are trained to implement spill prevention practices for work with and around oil sources. Personnel shall use common sense and rely on spill prevention practices at all times to minimize the potential for a release of oil. For example, the following "common sense" practices are recommended: • keep container lids securely fastened at all times; • do not leave portable sources unattended; • return portable sources to their storage location after use; • use pads, drip pans, and funnels when transferring petroleum products from a portable container; • protect oil sources from damage by moving equipment; • loading and unloading of petroleum products shall be attended at all times. Suppliers All suppliers will meet the minimum requirements and regulations for tank truck unloading as established by the United States Department of Transportation. These supplier procedures also ensure that the vendor understands the site layout, knows the protocols for entering the site and unloading product, and has the necessary spill equipment on board to respond to a spill from the vehicle or fuel delivery hose. Observations of Deliveries The CR5&6 Manager or designee will supervise deliveries for all new suppliers and will periodically observe deliveries for existing, approved suppliers. Delivery observations include: • vehicle inspection prior to delivery and departure (e.g., to make sure the driver does not drive away with the hose in the fill pipe); • inquiry to ensure the truck contains the right product for the tank; • assurance that the tank can hold what the supplier intends to deliver; and • adequate spill response equipment is on board the vehicle. Vehicle Filling Loading operations and vehicle fueling operations will be perfor ned by United personnel trained in the specific operation. The operators will: • check that the vehicle is properly secured before making connections, • inspect the storage and delivery system, hoses, connections and the receiving vessel before beginning operations, • monitor the transfer operation in-person from beginning to end, • check that the vehicle has been disconnected before departure, CR5&6 SPCC Plan - June 2009 Page 4-1 • United personnel will monitor the fueling area for safe and proper operation, and will take immediate action to correct any deficiencies. 3.1.2 Tests and Inspections [112.7(e) and 112.8 (c) (6)] The personnel operating the equipment shall perforin testing, inspection, and maintenance of all petroleum equipment to keep it performing in an efficient and environmentally sound manner. The tests and inspections shall be performed as discussed in the following subsections. 3.1.2.1 Inspecting AST's United personnel periodically observe the ASTs during operating hours. The ASTs shall be inspected monthly, and the results shall be recorded on the Monthly AST Inspection Checklist, as included in Appendix E. Spill response materials kept on site shall also be checked during the monthly AST inspection, and restocked as necessary. The monthly inspection reports shall be kept for at least three years in a file maintained by the Equipment Manager. Inspections include observations of the exterior of the tank for signs of deterioration or spills (leaks), observations of the tank foundation and supports for signs of instability, and observations of the vent, fill and discharge pipes for signs of poor connection, that could cause a spill. In addition to these monthly inspections, the equipment manager will periodically verify the integrity of each tank every ten years, or more often as deemed necessary by the inspection results. Integrity testing will be conducted in accordance with an industry standard procedure such as STI — SP001-03 or API 653. 3.1.2.1 Tank Maintenance All petroleum tank and piping problems shall be immediately reported to the Equipment Manager. Visible oil spills (leaks) that cause a loss of oil from tank walls, piping or other components shall be repaired or replaced as soon as possible to prevent the potential for a major spill from the source. 3.1.3 Training [112.7(6] The operator shall provide SPCC spill training for personnel involved with handling petroleum products. The Equipment Manager shall arrange for annual training, which shall include the following training topics: • an introduction to pollution control laws; • rules and regulations pertaining to the use and storage of petroleum products; • inspection, operation and maintenance of spill equipment, and petroleum storage and dispensing equipment; • spill response and cleanup; • spill notification and record keeping; and • spill prevention practices. Records of attendance at training and topics covered shall be maintained by the Equipment Manager. CRS&6 SPCC Plan - June 2009 Page 3-2 3.1.2.2 Documentation for Training The annual SPCC training shall be documented to include the instructor's name, course outline, date and duration of training, attendant's names and signatures, and corrective action list for areas in need of improvement, if any. This information shall be filed and maintained for at least 3 years at the office of the Environmental Compliance Officer. A Certificate of Training shall be presented to each employee that has completed the training. 31.4 Security [112.7(g)] Each site, that the equipment is operated, will have a locked gate to provide security when the personnel is not present. 3.2 Emergency Response 1112.7(a)(3)(iv) and 112.7(c)] This section describes the cleanup response and protocols to follow in the event of an oil spill. The uncontrolled discharge of oil to groundwater, surface water or soil is prohibited by State or Federal laws. It is imperative that action be taken to respond to a spill once it has occurred. In the event of an oil spill, depending on the volume and characteristics of the material released, the operator has defined spill response as either a "Minor Spill Response" or "Major Spill Response" ("Spill Emergency"). A list of Emergency Contacts is included in Appendix A. 3.2.1 Minor Spill Response [112. 7(a)(3)(iv)] A "Minor Spill Response" is defined as one that poses no significant harm to human health or the environment. These spills involve generally less than 5 gallons and can usually be cleaned up by the operator's personnel. Other characteristics of a minor spill include the following: • the spilled material is easily stopped or controlled at the time of the spill; • the spill is localized; • the spilled material is not likely to reach surface water or groundwater; • there is little danger to human health; and • there is little danger of fire or explosion. In the event of a minor spill the following guidelines shall apply; 1. Immediately notify the senior on-site person (i.e., Equipment Manager). 2. CaII the Colorado Department of Public Health and Environment, Colorado Division of Reclamation, Mining and Safety, City where the spill is located, and the County Environmental Health Department within two hours. Document the telephone calls on the Spill Notification Form in Appendix B. 3. Under the direction of a senior on-site person, contain the spill with spill response materials and equipment. 4. Place spill debris in properly labeled waste containers. 5. Complete the Spill Notification Form (Appendix B) and send to the Environmental Compliance Officer. CR5&6 SPCC Plan - June 2009 Page 3-3 3.2.2 Major Spill Response (Spill Emergency) [112. 7(a)(3)(iv)] A "Spill Emergency" is defined as one involving a spill that cannot be safely controlled or cleaned up. Characteristics include the following: • the spill is large enough to spread beyond the immediate spill area; the spilled material enters surface water or groundwater (regardless of spill size); • the spill requires special training and equipment to cleanup; e the spilled material is dangerous to human health; and ® there is a danger of fire or explosion. In the event of a spill emergency the following guidelines shall apply: 1. All workers shall immediately evacuate the spill site and move to a safe distance away from the spill. 2. A senior on-site person shall calI for medical assistance if workers are injured (no worker shall engage in rescue operations unless they have been properly trained and equipped). 3. A senior on-site person shall immediately call the Colorado Department of Public Health and Environment, Colorado Division of Reclamation, Mining and Safety, MSHA, City of the spill, and the County Environmental Health Department within two hours. Document the telephone calls on the Spill Notification Form in Appendix B. 4. Notify the local Fire Department or Police Department. 5. A senior on-site person shall contact the Equipment Manager and provide details regarding the spill. 6. The Equipment Manager will coordinate cleanup and seek assistance from a cleanup contractor as necessary. If the Equipment Manager is not available at the time of the spill, then the next highest employee in command shall assume responsibility. 3.2.3 Waste Disposal [112. 7(a) (3) (v)] Wastes resulting from a minor spill response will be containerized in impervious bags, drums or buckets. If the oil in the contaminated soil is no longer mobile and substantial volume, the soil may be transferred in a covered dump truck for disposal. The waste will be removed from the site by a licensed waste hauler within two weeks. Wastes resulting from a major spill response will be removed and disposed of by a cleanup contractor. Contaminated soil/gravel may be processed by an approved asphalt plant or taken to an approved disposal site. 3.2.4 Waste Disposal [112. 7(a)(4)] In the event of a minor spill, a senior on-site person shall notify the Equipment Manager and complete a written Spill Notification Form. This form details the time, material, and quantity of oil released. If a major spill occurs the Equipment Manager shall, in addition to the notification procedures above, provide written information to the EPA Regional Administrator as required by the SPCC Plan rules. 3.2.4.1 Spill Notification Forms After making the appropriate phone calls and the spill is contained, a Spill Notification Form, included in Appendix B, shall be completed and submitted to the Equipment Manager. The Spill Notification Form CR5&6 SPCC Plan - June 2009 Page 3-4 includes a checklist to document the proper notification of state and federal agencies. The form shall be filed and maintained as long as operator owns and/or operates CR5&6. CR5&6 SPCC Plan - June 2009 Page 3-5 4.0 Reciuired Improvements The Professional Engineer's certification of this plan is contingent on the following Equipment improvements being implemented for compliance with SPCC regulations 40 CFR 112: - Spill response equipment located with CR5&6. CR5&6 SPCC Plan - June 2009 Page 4-1 Appendix A Emergency Contacts [112.7 (a) (3) (vi) Emergency Contacts Spill Reporting Telephone # EPA Colorado Dept. of Health and Environment Colorado Division of Reclamation, Mining and Safety (800) 424-8802 (877) 518-5608 (303) 866-3567 City where CR5&6 is located Local Health Department MSHA (303) 231-5465 Local Emergency Agencies Telephone # Fire Department 911 Sheriff/Police 911 Spill Response Contractors Greg Lewicki and Associates Telephone # (303) 346-5196 Adequate Heavy Equipment Kept Onsite for Rapid Spill Response Owner/Operator United Companies Telephone ## (970) 243-4900 Appendix B Spill Notification Form Spill Notification Form Part A: Basic Spill Data Spill Type: Major / Minor Spill Date: Type of Spilled Substance: Spill Time: Quantity Spilled: Spill Duration: Location ofCR5&6 Location of Spill: Owner /Company Name: United Companies Released to: [ ] Containment [ ] River [] Pond [] Soil [] Air [] Ground Water [ ] Other Nature of spill and any environmental or health effects: [] Injuries [ ] Fatalitie r Part B: Notification Checklist Notification Date and Time Name of Person that Received Call Spill is any amount of petroleum product: Colorado Department of Public Health and Environment (877) 518-5608 Local Health Department City where CR5&6 is located Colorado Division of Reclamation, Mining and Safety (303) 866-3567 MSHA (303) 231-5465 Spill reaches ground water or surface water: EPA National Response Center (800) 424-8802 Form Completed By (Print Name): Sign and Date: This form must be submitted to the Environmental Officer. A copy must be retained on-site and included with the SPCC Plan. Appendix C Equipment Layout Map [1 12.7(a)(3)j 6. Appendix D Substantial Harm Criteria Checklist [112.20(e)1 Substantial Harm Criteria Checklist for Certification of Applicability [112.20 (e)] Figure 2-2. Applicability assessment worksheet. 1 Is the facility or part of the facility considered non -transportation -related and engaged in one of the following activities? (Refer to. Sections 2:2,4 and 2.3 of this chapter.) Drilling, producing, gathering, storing, processing, refining, transferring, distributing, using, or consuming oil. Yes. Go to question 2. No: The facility is not subject to the SPCC rule. 2 Could the facility reasonably.be expected to discharge oil in quantities that niay be harmful into navigable waters or adjoining shorelines? (Referto.Section 2.4 of this chapter.) Nate: This determination must be based solely upon consideration of the geographical and location aspects of the facility (such as proximity to navigable waters or adjoining shorelines, land contour, drainage, etc.) and must exclude conslderatfon of Manmade features such as dikes, equipment or other structures, which' may serve to.restraln; hander, contain, or otherwise prevent a discharge. Yes. 'Go to question 3. No, The facility is not subject to the SPCC rule. 3a Is the total aggregate capacity, of aboveground oil storage containers greater than 1,320 gallons? (Refer to Sections 2.5 and 2.6.of this chapter.) Note!Exclude containers fess than 55 gallons, permanently closedcontainers, and storage containers used exclusively in wastewater treatment. Yes. The facility is subject to the SPCC rule. No. Go to question 3b, 11311 3b Is the total aggregate capacity of completely buried storage tanks greater than 42,000 gallons? (Refer to Sections 2.5 and 2.6 of this chapter.) NotesDo not Include completely buried tanks subject to all technical requirements of 40 CFR part 280 or 281, containers less than 55, gallons, permanently closed containers, or storage containers used exclusively In wastewater treatment. Yes. The facility is subject to the SPCC rule. No. The facility is not subject to the SPCC, rule. CERTIFICATION I certify under penalty of law that I have personaily examined and am familiar with the information submitted in this document, and that based on my inquiry of those individuals responsible for obtaining this information, I believe that the submitted information is true, accurate, and complete.f n /7/irid"4 Name Signature Appendix E AST Inspection Checklist STA SHOT Monthly fnspcc €on Ch cklist Inspection Date: Retain Until Date: (36 Months from inspection date) Prior Inspection Date: Inspector Name: Tanks Inspected (ID 's): inspcciion Guidelines: • For equipment not included in this standard, follow the manufacture recommended inspectionitesting schedules and procedures. • (*) designates an item in a non-conformance status. This indicates that action is required to address a problem. • Non -conforming items important to tank or containment integrity require evaluation by an engineer experienced in AST design, a certified inspector, or a tank manufacturer who will determine the corrective action. Note the non- conformance and corresponding corrective action in the comment section. Kern Status f Gonne er is 1.0 Tank Containment 1.1 Water in primary tank, secondary containment, interstice, or spill container? ❑ Yes No 1.2 Debris or fire hazard in containment? u ul Yes* No 1.3 Drain valves operable and in a closed position? D u Yes No 1.4 Containment egress pathways clear and gates/door operable? u u Yes No 2.0 Leak Petectiion 2.1 Visible signs of leakage around the tank, concrete pad, containment, ringwall or ground? Li Yes No 3.0 Tank Attachment anci Appurtenances • 3.1 Ladder and platform structure secure with no sign of severe corrosion or damage? Yes N° 32 Tank Liquid level gauge readable and in good condition? u U Yes No 3.3 Check all tank openings are properly sealed? u u Yes No - - 4.0 Other Conditions 4.1 Are there other conditions that should be addressed for continued safe operation or that may affect the site SPCC plan? u u Yes No Additional Comments: Appendix F Employee Training Log Employee Training Log Note: New employees shall receive initial training in the contents and implementation of this SPCC plan upon start of their employment. All employees shall receive annual refresher training in the contents and implementation of this SPCC plan. Date of Training Name of Employee Topics Covered Instructor(s) Attendin SpiII Response Procedures A minor spill ocurrs when: • The spill is generally less than 5 gallons • The spill is localized or contained in one area. • The spill is not likely to reach gtround or surface water. • There is little danger to human health • There is little danger of fire or explosion A`minor spill should be handled as.follows: A major spill occurs when: • The spill cannot be contained in a small area. • The spill enters surface water or ground water. • The spill requires special training and equipmnt to clean up. • The spill is dangerous to human life. • There is danger of fire or explosion. 1. Immediately notify the senior on-site person. 2. Call (within 2 hours of the spill) • • Colorado Department of public Health and Environment (877) 518-5608 • Colorado Division of Reclamation, Mining and safety (303) 866-3567 • Local Health Department 3. Under direction of a senior on-site person, contain the spill with the material from the spill kit. 4. Place the debris in a properly fabled waste container. 5. Complete the Spill Notification Form in the onsite SPCC Plan and send to the Equipment Manager. A major spill should be handled as follows: 1. All workers shall immediately evacuate the spill site and move to a safe place away from the spill. 2. A senior on-site person shall call for medical assistance if workers are injured. 3. Call (within 2 hours of the spill) • Colorado Department of public Health and Environment (877) 518-5608 • Colorado Division of Reclamation, Mining and safety (303) 866-3567 • Local Health Department • MSHA (303) 231-5465 • EPA (303) 312-6202 • Local Fire or Sherifs Department 911 • Equipment Manager 4. The Equipment Manager will coordinate cleanup and seek assistance from a cleanup contractor as necessary. 5. 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(If ,• • ,/J if 1-- . •t•.- 1 • • ' • . -4 ,* • - 1 • •:•'-,"• • C - • n h Ink i I i hi 1,'ll III IIIIII I I I h Illh f I i ill I ffi I II II I ,:, • 5 ', 4,1' - -' -:,:...47.:'1"• .s.-1 .311,•;kom'r..0.0.,Nr.,- --' ''. ''.• „ ' C.) .1. CI NJ CO W i1/1/1/1//1//:1/1i/IIIIIIII/111//11111 II • • . STATE OF COLORADO ) )ss County of Garfield ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 15th day of March A.D. 2010, there were present: John Martin Mike Samson Tresi Houpt Deborah Quinn Jean Alberico Ed Green (absent) , Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. A RESOLUTION CONCERNED WITH THE APPROVAL OF A LAND USE CHANGE PERMIT FOR EXTRACTION OF NATURAL RESOURCES & DEVELOPMENT IN THE 100 -YEAR FLOODPLAIN FOR THE "SCOTT GRAVEL PIT" LOCATED '/Z MILE EAST OF THE MAIN INTERSTATE INTERSECTION OF RIFLE COLORADO BETWEEN THE COLORADO RIVER AND INTERSTATE 70 IN SECTION 15, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PM, GARFIELD COUNTY PARCEL NO# 2177-151-00-007 and 2177-151-00-054 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received an application from Rivers Edge, LLC for a Land Use Change Permit for Extraction of Natural Resources and Development within the 100 -year Floodplain for the operation of the "Scott Gravel Pit". B. The 93 -acre tract is located approximately 1/2 miles east of the main interstate intersection of Rifle Colorado between the Colorado River and Interstate 70 in Section 15, Township 6 South, Range 93 West of the bth PM, Garfield County and legally described in Exhibit C attached hereto. C. The subject property is located within the Rural zone district and a Land Use Change Permit for Extraction of Natural Resources requires a Major Impact Review Process and Development in the 100 -year Floodplain requires an Administrative process which were 1 reviewed together by Garfield County. D. The Board is authorized to approve, deny or approve with conditions a Land Use Change Permit for "Extraction of Natural Resources" pursuant to Section 1-301 and 4-106 of the Garfield County Unified Land Use Resolution of 2008, as amended. E. The Garfield County Planning Commission opened a public hearing on 6/24/09 and continued the public hearing to 9/23/09, 10/28/09, and 1/27/10 respectively upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources and Development in the 100 -year Floodplain should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. F. The Garfield County Planning Commission closed the public hearing on the 27th day of January, 2010 and forwarded a recommendation of approval with conditions to the Board of County Commissioners. G. The Board of County Commissioners opened a public hearing on the 15th day of March, 2010 upon the question of whether the Land Use Change Permit application for Extraction of Natural Resources and Development in the 100 -year Floodplain should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the application. H. The Board of County Commissioners closed the public hearing on the 15th day of March, 2010 to make a final decision. I. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1) Proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2) The meeting before the Board of County Commissioners was extensive or complete, that all pertinent facts, matters and issues were submitted and that all interested parties were not heard at that meeting. 3) The proposal has adequately addressed the visual impacts for the proposed mining operations along the entryway to Rifle. 4) The wetland slopes may be reduced (as proposed and shown on Map F-1 attached as Exhibit A) from the requirements in Section 7-840(H) of the ULUR which results in the reduction in wildlife habitat along certain sections of shoreline due to proximity to the Rifle Airport. It 2 has been determined that these modifications will allow for an aesthetically pleasing site that blends with the surrounding area, provides for wildlife habitat and provides for future re -use of the site. 5) The irrigation requirements may be modified from the requirements in Section 7-840(H)(2) of the ULUR. It has been determined that these irrigation modifications will allow for an aesthetically pleasing site that blends with the surrounding area, provides for wildlife habitat and, provides for future re -use of the site. 6) If the required conditions have been met, it has been determined that the gravel extraction proposal works to meet the County's existing zoning and future land use objectives of the City of Rifle. 7) The review of the Development within the 100 -year Floodplain (normally reviewed as an administrative review) has been reviewed as part of this review and has been found to meet the requirements in the Unified Land Use Resolution of 2008, as amended and shall be issued as a Land Use Change permit under this review. 8) It is understood that the property has an existing Special Use Permit for the storage of portable toilets via Resolution 2003-37 which shall be allowed to continue concurrently with this Land Use Change Permit. 9) The above stated and other reasons, the proposed Land Use Change Permit has been determined to be consistent with the standards and provisions of the Unified Land Use Resolution of 2008, as amended and is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County so long as all of the conditions of approval are met. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. 13. The Land Use Change Permit Extraction of Natural Resources and Development in the 100 -year Floodplain is hereby approved subj ect to compliance with the following conditions: 3 1 1) That all representations of the Applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval unless explicitly altered by the Board. 2) Hours of Operation: The gravel pit shall be allowed to operate Monday — Saturday from 7:00 AM to 8:00 PM with crushing, digging, and heavy hauling only occurring between 7:00 Am to 6:00 PM. There shall be no operations on Sunday except emergency maintenance. f 3) The Applicant shall obtain a new State Highway Access Permit from CDOT to be submitted to Garfield County prior to the issuance of a Land Use Change Permit and any conditions required by that permit shall be conditions also required by Garfield County. No mining work / site prep shall be allowed to begin until the improvements required by CDOT have been installed and approved by CDOT according to their permit. t/4) The use of temporary concrete / asphalt batch plants shall only be allowed on the property (located only within the flood -fringe area of the 100 -year floodplain) between July 15`h and November 15th of any given year in order to avoid the nesting / fledgling period for the resident American Bald Eagles and to lessen the impact to the City of Rifle. Any change to this timeline shall be determined by the Board of County Commissioners in a public meeting. Any change shall require justification for 'good cause shown' including a recommendation from either the Colorado Division of Wildlife (CROW) or the US Fish and Wildlife Service (USFWS) to change this timeframe. ,/ 5) This Land Use Change Permit approval shall be limited to a term of eight years from the date of approval of the Land Use Change Permit_ If the operations are to extend beyond this time frame, the property owner shall be required to return to the BOCC to demonstrate that the mining operations comply with any new regulations adopted by Garfield County. .'r6) There shall be no bulk storage of fuel on site that is located within the 100 -year floodplain. ,/ 7) The Applicant shall install flood monitoring system through the use of "staff gauges" that will provide an early warning system to allow the removal of all equipment / fuel tanks from areas where flooding might occur. These gauges will be installed with cement bases and painted vertical pipes (gauges) to ensure their permanence. No Land Mem t S 1//,., 4 Use Change Perrrrit shall be issued by the County until such gauges have been installed and verified by a site visit with County Staff. 8) Due to the close proximity to 1-70, all crushing shall occur in enclosed equipment that is equipped with wet scrubbers (water spray facilities) to keep the aggregate moist. Further, the Applicant shall submit all the air emission penults for the equipment to be used on site to the County prior to issuance of the Land Use Change Permit. '9) All noise generated from the operation shall not exceed the Industrial Zone noise standards defined in the Colorado Revised Statutes (CRS) such that noise shall not exceed 80 dB(A) from 7:00 AM to 7:00 PM and 75 dB(A) from 7:00 PM to 7:00 AM. s' 10) The Operator or Property Owner shall submit an annual report to the County Building and Planning Department with GPS measurements shown on a map showing the current disturbance, what areas have been backfilled, where topsoil stockpiles are located, all site structures, what areas have been seeded, mulched and what is planned for the ensuing 12 months. Lf 11) The County can request a site inspection with 24 hour's notice to the Operator or Property Owner. Full access to any part of the site will be granted. On request, all paperwork must be shown. 12) A full list of all other permits shall be provided to the County within 24 hours of their request. Any person at any time can call the following agencies directly and request an inspection if they believe a condition of that agencies permit is being violated. a. CDPHE Air Quality Control 303-692-3150 b. CDPHE Water Quality Control 303-692-3500 c. US Army Corps of Engineers 970-243-1199 d. Division of Reclamation, Mining and Safety 303-866-3567 e. CDOT Grand Junction office 970-248-7000 13) The Property Owner and Operator acknowledge that the County has the following performance standards that could lead to revocation of the Land Use Change Permit: A. All fabrication, service and repair operations shall be conducted within an enclosed building or obscured by a fence, natural topography or landscaping. B. All operations involving loading and unloading of vehicles shall be conducted on private property and shall not be conducted on a public right-of-way. 5 C. All industrial wastes shall be disposed of in a mariner consistent with statutes and requirements of CDPHE. D. Every use shall be operated so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point of any boundary line of the property E. Every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signal and reflective painting of storage tanks, or other legal requirements for safety or air pollution control measures shall be exempted from this provision. 14) The County shall be invited to any bond release inspection of the State Division of Reclamation, Mining and Safety. The County will have the opportunity to demonstrate that any item of the permit has not been complied with and that bond should not be released. Specifically, the Final Reclamation Plan (Map F-1 which is attached as Exhibit A hereto) shall include the following components: A. When reclaimed, at least 21.5% of the 2,441 feet perimeter of Lake 1 shall be constructed to a 5:1 slope, and at least 3.3% of the shoreline on Lake 1 shall be constricted to a 10:1 slope. In Lake 2, at least 20.5% of the total perimeter of 3,348 feet shall be constructed to be a 5:1 slope and at least 2.4% of the shoreline shall be constructed to be a 10:1 slope. The remainder of all slopes will be no steeper than 3:1. See Map F-1 of the application for the layout of these areas. This shall be required to be shown on the Final Reclamation Plan (Map F-1) approved herein and tendered to the DRMS. B. When reclaimed, at least 0.79 acres of wetlands shall be created and their location shall be shown on a map. This shall be required to be shown on the Final Reclamation Plan (Map F-1) approved herein and tendered to the DRMS. C. The Applicant shall use plant plugs (i.e. real plants) in wetland slope reclamation; D. There is a native shrub, silver -leaf buffalo berry (Shepherdia argentea) that may be confused with the noxious weed, the Russian -olive tree (Shepherdia argentea). The Applicant needs to be able to distinguish between the two so that the native silver - leaf is conserved and not managed like the Russian -olive. 6 E. The Applicant shall implement an effective Russian -olive and tamarisk treatment program in order to prevent the threat of spreading noxious weed seeds through gravel to previously uninfested areas. F. The Applicant shall remove crested wheatgrass from the dry rangeland reseeding mix. G. Mining operations shall be allowed to progress so Iong as the previous pit has been reclaimed within 6 months after the commencement of the new pit mining operation. If the reclamation has not commenced in six months or has been completed within eighteen (18) months, all mining operations on the property shall stop until the reclamation / revegetation has occurred to the satisfaction of the County. Completion shall include but not be limited to top -soiling, seeding, mulching, sapling planting, and water filling of the lake. H. The Final Reclamation Plan approved with this Land Use Change Permit shall be the only reclamation plan used by both Garfield County and Division of Reclamation Mining and Safety. Additionally, a new bond be calculated to cover this plan and secured with DRMS to cover its implementation. Proof of a recalculated bond shall be provided to Garfield County prior to issuance of a LUCP. I. The Reclamation Plan shall be revised to include planting twenty (20) 2 -inch caliper cottonwood trees around each pond at intervals of 75 feet with cottonwood / willow saplings / cutting clumps between the trees and fringe wetlands on all of the lake perimeters. / 15) The Applicant shall adhere to the commitments contained in the "Bald Eagle Management Plan" which shall serve as conditions of approval attached as Exhibit B to this Resolution. t/ 16) The Applicant shall obtain all local, state, and federal permits prior to the issuance of the Land Use Change Permit by Garfield County. 7 Dated this day of , A.D. 20 ATTEST: GARFIELD COUNTY BOARD OF COMMISSIONERS, GARFIELD COUNTY, COLORADO Clerk of the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TRESI HOUPT STATE OF COLORADO ) )ss County of Garfield ) , Aye , Aye , Aye I, , County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 8 B&B EXCAVATING CQNLIIHTE r AGGR# FOUR CORNERS ovo.w-o-eFtrrsao_s OLDCASTLE SW GROUP June 1, 2010 Mr. Fred Jarman Garfield County Building and Planning 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 Re: United Companies - Scott Pit Dear Fred, On Wednesday, May 19, 2010 we met with the City Council of Rifle and obtained a unanimous decision granting the Watershed Permit for the Scott Pit. This was the last permit we needed to start operations at the Scott Pit, In reference to the Board of County Commissioners Resolution No. 2010-17, Conditions of Approval 8) and 16), the attachment to this letter includes all of the air emission, local, state and federal permits. In reference to Conditions of Approval 7), the staff gauges are installed and ready for verification by a County staff member. In reference to the Baid Eagle Management Plan we have been in contact with Van Graham , Westwater Engineering Wildlife Biologist, and it is his opinion the progress of the eaglets is very good and that they "they will be leaving the nest sooner than later". We will stay in contact with Van as we get closer to opening the pit. Based on recent discussions and input from Van, it is his opinion we can begin construction on the road into the pit on Monday, June 14t. Van will be onsite at the start of construction and will determine if we will be affecting the eagles (assuming the eagles are still on the nest). Any activity at the site in reference to the eagles will be in accordance with the Bald Eagle Management Plan including stopping construction if Van determines the eagles are affected. Main Office • 2273 River Road • P.O. Box 3609 • Grand Junction, Colorado 81502 Sand & Rock • Concrete • Asphalt • Paving • Construction • Earthwork • Trucking If you have any questions or need additional information, please let me know. If I am not available, you can ask for Peter Kearl, United Companies — Resource/Environmental Manager. He can be reached at 970-243-4900 — office, 970-759-6709 — cell, or pkearl@unitecl-gi.com. Sincere' Peter J. Siegmund Vice President — Resource/Environmental Oldcastle SW Group, Inc. Request for Conditional Letter of Map Revision Colorado River at. Scott Pit Garfield County, Colorado Prepared tor: United Companies Grand Junction, Colorado Prepared by: Tetra Tech, Inc. 410 S. French St. P.O. Box 1659 Breckenridge, Colorado May 2007 Acca sl hi I'll grt,t N'tiI INN." TABLE OF CONTENTS 1.0 INTRODUCTION..,.,....a.....�......... ..,.......... .............. f 2.0 SITE CONDITIONS......... 2.1 Existing Conditions 2.1 Proposed Conditions 2 3.0 HYDRAULIC MODELING 3 3.1 Duplicate Effective 3 3.2. Existing (pre -mining) Conditions 4 3.3. Developed (post -mining) Conditions ..,.. 4 3.4 Channel and Bank Stability and Sediment Transport Considerations......., 5 4.0 FLOODWAY ANAYLSIS 6 5.0 PROFILE TRANSITIONS 6 6.0 SUMMARY 6 7.0 REFERENCES.................................,l...............,....7 FIGURES Figure 1. Vicinity Map APPENDICES A. CLOMR Form B. Effective Mapping and HEC -2 Data C. Duplicate Effective HEC -RAS D. Existing Conditions HEC -RAS Model E. Proposed Conditions HEC -RAS Model F. Profiles G. Photographs H. Firmettes Plan Pocket I: MAPPING C-1 Existing Conditions Map C-2 Proposed Conditions Map C-3 Annotated FIRM. INTRODUCTION The purpose of this submittal is to request a Conditional Letter of Map Revision (CLOMR) for approximately 8,350 feet of the Colorado River immediately upstream of Rifle. Colorado in Garfield County. Colorado. (See Figure 1, Vicinity Map). Application Forms for this CLOMR are presented in Appendix A. Scott Pit is a proposed gravel mine which is located along the left (south) banks of the Colorado River within the study reach. Proposed gravel mining operations will result in the creation of three separate ponds in the overbank areas. This analysis reflects floodplain and floodway modifications due to the proposed gravel mining. Calculations indicate that the modified flood elevations will not increase when compared to the flood elevations determined under existing conditions and, in areas adjacent to the proposed gravel ponds, is actually lower than existing conditions. The study reach begins at cross section 53.516 (K) of the effective model and extends upstream for 8,250 feet. The study reach encompasses the project reach which is located 1.140 feet upstream of Section 53.52 (K) and extends approximately 4,100 feet along the left bank of the channel. The study reach extends 2,110 feet beyond the 'limit of detailed study' currently shown on the effective floodway boundary map and FIRM. This was done in order to include the entire project site and 10 reach a point where existing and proposed water surface elevations converge. Therefore this CLOMR includes new floodplain mapping upstream of the current mapping limits. A station centerline is established along the channel centerline for the purpose of identifying the locations of photos and other key features discussed in this CLOMR. The study reach, project reach and cross sections are shown on Map C-1 in the Plan Pocket. A portion of the Colorado River is currently mapped as an AE zone, and includes a floodway determination as shown on panel 080205 1354 dated January 3, 1986.for Garfield County Colorado. The remainder of the study area is mapped as Zone A. Finnettes of the Floodway Boundary Map are included in Appendix H and an annotated FIRM is included in the plan pocket at the back of this report. 2.0 SITE CONDITIONS 2.1 Existing Conditions The existing study reach is a wide, relatively flat floodplain bench bound by Interstate 70 to the south and the railroad line and Highway 6 to the north. The Colorado River runs through this section, from east to west, in a relatively straight alignment. Previous land uses include gravel pit mining in the north overbank, and agricultural uses. There are three existing gravel pit ponds within the study reach, located along the right (north) overbank. Two of these ponds include water intakes for the City of Rifle. There are also several abandon buildings located along the north overbank. The north overbank includes a dike or levee which was probably constructed with the gravel pik. The south overbank appears to he in a more natural state with limited disturbance due primarily to agriculture and grazing. Figure 1, Scott Pit Vicinity Map The channel is lined with a mixture of materials including river cobble, some riprap and concrete pieces. The existing floodplain overbank is moderately vegetated with weeds, grasses, cottonwoods and willows. An existing conditions, or pre -mining site plan is shown on Map C-1, appended in the plan pocket. Appendix G includes photographs and photo location map. Topographic mapping for existing conditions was completed in 2006, covering the above -water areas, including islands and overbanks up through cross section 10. For cross section 11, the above water topography is taken from Topa Depot, an electronic AutoCAD file of USGS topo maps. Below water cross sections were surveyed in the spring of 2007. Cross section geometry for the hydraulic analysis is based on a combination of the below water surveys and the above water topographic mapping. Of the ten cross sections that were surveyed, all were used directly as input to the HEC -RAS file. In addition, cross sections are interpolated between surveys to develop below water cross sectional information. Both surveys and mapping are shown on Map C-1. Benchmark elevations are based on NGVD 1929 datum, consistent with the previous floodplain analysis and Effective Mapping. Reference marks used for the survey are shown on the annotated FIRM included in the plan pocket at the hack of the report 2.1 Proposed Conditions Three new ponds will be created along the south overbank of the project reach as a result of the gravel mining operations. These ponds are located within the existing, `effective" floodway and 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 as such will be constructed without levees or dikes for flood control. This is being done at the request of the County, which desires to limit the gravel operations to activities of excavation only. Proposed grading and the site plan layout are shown on Map C-2 appended in the plan pocket. 3.0 HYDRAULIC MODELING Three hydraulic models are developed for this analysis: duplicate effective, existing conditions (pre -mining) and proposed conditions (post -mining). Each model is discussed below. The 100 - year and 500 -year floods are analyzed using flows based on the current effective hydraulic model (HEC -2) provided by FEMA. No changes to the hydrology are proposed as part of this CLOMR. 3.1 Duplicate Effective To duplicate the effective model, the original HEC -2 files for the Colorado River at Rifle, Colorado were requested from FEMA. A pdf copy of the HEC -2 output model and workmap were received and are included in Appendix B. The input file shown on the pdf was entered inter HEC -2 and run. Hydraulic parameters for the duplicate effective model are presented in. Table 3.1.1. The model results closely match the existing effective model. See Table 3.1.2. A second model was developed by importing the HEC -2 into HEC -RAS. These results are within 0.01 feet of the HEC -2 and the duplicate effective model. The HEC -RAS model is based on calculating conveyance calculations between every coordinate point (using the -HEC-2 method" under conveyance options). The Duplicate Effective HEC -RAS model is executed using the "HEC -2 method" for calculating conveyance. The HEC -RAS generated report for the model is contained in Appendix C. Table 3.1.1. Hydraulic Parameters for Duplicate Effective Model Parameters Values Manning's N value-overbanks 0.065 Manning's N value -channel 0.04 Expansion coefficient 0.3 Contraction coefficient 0.1 Starting water surface elevation, section 53.18 (1) 5309.67 Flow regime subcritcal Table 3.1.2. Duplicate Effective Modeling Results FIRMIFIS Effective HEC -2 HEC -RAS Station Cross Study Model Difference with imported. Difference Section ' WSEL (ft) - WSEL (ft) (ft) HEC -2 Data, WSEL (ft) (ft) 53.516 K 5309.67 5309.67 0.00 5309.67 0.00 53.781 L 5313.15 5313.15 0.00 5313.15 0.00 53.933 M 5316.01 531601 0.00 5316.02 0.01 54.161) N 5317.16 5317.16 - 0.00 5317.16 0.00 54.274 s) 5318.20 r531 0.20 0.00 5318.20 0.00 54.415 1' 5320.60 5320,60 OM ) 5320.60 0.00 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.2. Existing (pre -mining) Conditions The study reach begins at cross section 53.516 (K) of the effective model and extends for approximately 8,250 feet, ending 2,110 feet above the duplicate effective 'limit of detailed study'. Cross sections L through 0 are replaced with Field surveyed cross sections in the HEC - RAS model. A total of 11 field surveyed cross sections are utilized for this analysis. Additional cross sections were immolated in between several of the surveyed cross sections. Cross section locations are shown on Map C-1. Hydraulic parameters for the existing (pre - mining) model are presented in Table 3.2.1. Calculated water surface elevations are presented in Table 3.2.2 and detailed output presented in Appendix D. Table 3,2.1. Hydraulic Parameters for Existing (Pre -mining) Conditions Model _ Parameters Values Manning's N value-overbanks 0.065 Manning's N value -channel 0.04 Expansion coefficient 0.3 Contraction coefficient 0.1 Starting water surface elevation, section 53.18 (J) 5309.67 Flow regime Subcritcal Existing dikes, or levees, are located on the right (north) hanks from approximately station 49+70 to 80+00. between the main channel and the existing gravel ponds. These dikes. which run parallel to the channel, have not been certified as regulatory levees and as such are not modeled as levees. The hydraulic modeling assumes that the levees are ineffective at retaining flood flows and water is allowed to extend inland beyond the dike. Ineffective flow areas across the existing ponds are modeled with ineffective flow areas at or below the elevation of the downstream top of bank which would control the pond water levels under flood conditions. 3.3. Developed (post -mining) Conditions Proposed conditions are shown on Map C-2, including proposed grading for the overbank areas. No channel reconfiguration is proposed nor will any levees be consinicied. All proposed regrading is at or below the existing ground elevations. Geometry is developed for cross sections 1 through 12 to reflect the proposed ponds. Overbanks will be revegetated with native plants and grasses and are assumed to return to the same or similar conditions as existing. Thus Manning's N values for the overbanks are set to be equal to those under existing conditions. Hydraulic parameters for the developed (post -mining) model are presented in Table 3.3.1. Calculated water surface elevations are presented in Table 3.3.2 which also includes a comparison of existing versus proposed water surface elevations. Detailed output for developed conditions is presented in Appendix E. 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Table 3.3.1. Hydraulic Parameters for Developed (Post -mining) Conditions Model Parameters - Values Manning's N value-overbanks 0.065 Manning's N value -channel 0.04 Expansion coefficient 0.3 Contraction coefficient 0.1 Starting water surface elevation, section 53.52 (J) 5309.67 Flow regime subcritcal Table 3.3.2. Existing mid Proposed Modeling Results Cross Section 100 -YR WSEL (ft) Difference (ft) FEMA Effective Existing proposed K 5309.7 5309.7 5309.7 0 0 1 - 5312.8 5312.8 Om 5313.2 - --- NI 5316.0 -- - °) --- 5316,z, 5316,0 0 ; N 5317.2 - 5117,9 53173 •11.7 -- 5318.2 5317.4 08 ( i 5318.2 ... - 5 - 5315i6 5317.7 1 0 6_ 51111.1 5318.4 1 ti 7 _ -- 5321.5 5319.2 -2.3 8 5322_9 5321.3 -1.5 9 5323.fi 5320.0 -3.6 0 -7„ 5323,.-: 5321.1 -2 7 10 5324.1 5323.8 _0 1_ 10,5 --- 5327.2 5327.2 0 0 11 ___ 5329.5 5329.5 (1.0 3.4 Channel and Bank Stability and Sediment Transport Considerations There are no indications from historical records or visual observations that sediment or debris transport will affect the base flood elevations (BFE) under existing or developed conditions The stream appears to be in a stable state with no apparent evidence that stream configuration has been recently influenced by sediment deposition, degradation, or vegetative cover. For this reason, sediment transport is not considered in this analysis. Under developed conditions three ponds will be developed from the gravel mining operations. These ponds are set with a minimum 100 loot buffer between the River channel and inside edge of the ponds. The buffer, in addition to the fact that the river does not have an outside bend in the study area makes it unlikely that pit capture will occur. The buffer also contains many existing cottonwood trees and other existing vegetation to provide additional protection and bank stability. Thus, for the purpose of this analysis, the bank is modeled as shown on Map C- 1. 5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4.0 FLOODWAY ANAYLSIS This CLOMR proposes that no encroachment will occur within the lloodplain of the project area. Therefore a new floodway is defined across the project reach which generally encompasses the 100 -year floodplain on the south side of the river through the proposed project area. Downstream of the project, and along the north side of the river, where the study reach is on other property. the floodway is defined to match the existing floodway boundaries, transitioning immediately upstream and downstream of the permit area. A summary of the floodway encroachment is provided in Table 4.0.1. below. Table 4.0.1. Floodwav Data FIII( rdizw Source Floodway Base Flood Water Surface Elevation (ft NGVt1) CrossSection Section Distance Width 1fti Area s (ft) Channel velocity telly) Regulatory Without tioodwo, With Floodwav Increase K 0 620 5275 13 4 5--.309.7 5309.7 5309.7 0.0 1 1137 690 6301 1035 5z 12.5 5312.x 5313.8 1.0 2 2349 1695 13262 4.99 5.11 6-1 5316.1 5316.5 n -1 4 3452 2045 13535 5 22 317 1 5317.1 53176 +f ;s70 1812 13140 5.52 5+I -4 i317 4 5317.1 1 5 .1845 1822 17267 5,n9 5317-7 5117.7 5317.9 - 6 4345 1843 12916 5.86 5318.4 5318.4 5318.6 +r -' 7 4982 _'11`+11 8497 9,99 5319.0 51190 51192 I r 8 5188 2655 - 5938 895 5321.4 53214 5321,4 11.0 9 5976 1 830 8.307 6.35 5323.1 53113 1 5323.1 0 9.5 6105 2398 7504 6.54 53/3.4 53/3.4 5323.4 00 10 6248 1241 6529 _ 9.71 5323.8 5323,8 5) 23.8 OM 10.5 7250 1596 8116 5.94 5327.1 5327.2 5327.2 0.0 11 8350 11186 4846 10.86 5329.5 5329.5 5329.5 0.0 Distance above elfeciive mapping s�tllcsn K 5.0 PROFILE TRANSITIONS The proposed CLOMR begins within a detailed study area of the Colorado River and extends upstream of the limits of the detailed study area. The model for this project begins at the effective model cross section 53.5I6 (K) which is downstream of the proposed gravel mining area. There is no upstream tie in as the upstream limit of this project extends past the limit of the detailed study arca. Profiles of the water surface elevations arc presented in Appendix F. 6.0 SUMMARY This submittal package demonstrates that the proposed gravel mining operations and subsequent pond creation along the south overbank of the Colorado River will he in compliance with the National Flood. Insurance Program standards. The developed conditions floodplain elevations are all lower than those under existing conditions. 6 7.0 REFERENCES Dodson & Associates. 1988-1991. ProHEC2 HEC -2 Enhanced Version of the Standard Corps of Engineers Stream Channel Analysis Computer Program. Houston Texas. United Companies. 2006. Scott Pit County Special Use Permit and Floodplain Special Use Permit. Prepared by Greg Lewicki and Associates, PLLC. Parker, Colorado., U. S. Army Corps of Engineers (USACE). 2005. HEC -RAS River Analysis System, Version 3,1.3. Hydrologic Engineering Center, Davis CA. 7 APPENDIX A CLOMR FORMS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FEDERAL EMERGENCY MANAGEMENT AGENCY OVERVIEW & CONCURRENCE FORM 0.M. if .Vo. 3067-.O,48 Expires September 30, 105 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this romi is estimated to average 1 hour per response. The burden estimate includes the time for reviewing Instructions, searching existing data sources, gathering and maintaining the needed data, and completing, reviewing, and submitting the form. You are not required to respond to this collection of information unless a valid OMB control number appears In the upper right corner of this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to- Information Collections Management, Federal Emergency Management Agency. 500 C Street. SW, Washington DC 20472, Paperwork Reduction Project (3067-0148) Submission of the form is required to obtain or retain benefits under the National Flood insurance Program. Please do not send your completed survey to the above address. A. REQUESTED RESPONSE FROM FEMA This request is for a (check one) CLOMR: A letter from FEMA commenting on whether a proposed protect, if built as proposed, would justify a map revision, or proposed hydrology changes (See 44 CFR Ch. 1, Parts 60, 65 & 72) E LOMR. A letter from FEMA officially revising the current NFIP map to show the changes to floodplains, regutatory tloodway or flood elevations. (See Parts 60 & 65 of the NFIP Regulations.) B. OVERVIEW 1 The NFIP map panel(s) affected far all impacted communities is (are): Community No. Community Name State Map Na Panel No. Effective Date Ex: 480301 480287 City of Katy Harris County TX TX 480301 48201C 00050 02200 02/08183 09/28/90 080205 Garfield County CO 080205 1354 1/3/1986 2. Flooding Source' 3. Projecl Name/Identifier: 4. FEMA zone designations 5. Basis for Request a. The basis for ® Physical Colorado River Scott Pit affected: A6 (choices A. Ali, AO, A1 -A30, A99, AE, AR, and Type of Revision: this revision request is (check all that apply) Change 0 Improved Methodology/Dara Ftoodway Revision 0 Other (Attach Description) and narrative description of the area of concern Is not required, revision encompasses the following types of flooding and structures V, V1 -V30 but Is very (check all that ❑ Shallow VE, B, C. D, X) helpful during review, apply) Flooding (e.g.. Zones AO and AH) (Attach Description) Attach Description k2 Regulatory Note; A photograph b. The area of Types of Flooding: Structures; -+ Rivenne ❑ Coastal 0 Alluvial fan 0 Lakes • Other 0 Bridge/Culvert ❑ Other. • Channelizalion ❑ LeveelFloodwall ■ Dam 0 Fill FEMA Form 81-89, SEP 02 Overview & Concurrence Form MT -2 Form 1 Page 1 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 C. REVIEW FEE Has the review fee for the appropriate request category been included? 111 Yes Fee amount' $4000 D No. Attach Explanation Please see the FEMA Web site at i'a `rvvmagrwr;•ri^t„?'rrrn r,ns.hr.»i for Fee Amounts and Exemptions. D. SIGNATURE ' All documents submitted in support of this request are correct to the best of my knowledge. I understand that any false statement may be punishable by fine or imprisonment under Title 18 of the United States Code, Section 1001 Name: Craig Lamberty Company: United Companies Mailing Address: P O. Sox 3609. Grand Junction, CO 81502 Daytime Telephone No. (970) 243-4900 Fax No. E -Mail Address: Signature of Requester (required) - - Date: - r As the community official responsible For floodplain management, I hereby acknowledge that we have received and reviewed this Letter of Map Revision (LOMR) or conditional LOMR request. Based upon the community's review, we Find the completed or proposed protect meets or is designed to meet all of the community floodplain management requirements, including the requirement that no 1111 be placed in the regulatory floodway, and that all necessary Federal. Slate, and local permits have been, or in the case of a conditional LOMB, will be obtained in addition, we have determined that the land and any existing or proposed structures to be removed from the SFHA are or will be reasonably safe from flooding as defined in 44CFR 65.2(c), and that we have available upon request by FEMA• all analyses and documentation used to make this determination. Community Official's Name and Title: Telephone No.: Community Name: Garfield County. Colorado Community Official's Signature (required) Date: CERTIFICATION BY REGISTERED PROFESSIONAL ENGINEER AND/OR LAND SURVEYOR This certification is to be signed and sealed by a licensed land surveyor. registered professional engineer, or architect authorized by law to certify elevation information All documents submitted in support of this request are correct 10 the best of my knowledge. i understand that any false statement may be punishable by fine or imprisonment under Title 18 of the United Stales Code, Section 1001. Certihei-s Name: Peggy Bailey, P.E. License No 22660 Expiration Date: 7131/2008 Company Name: Tetra Tech Telephone No.: 970 453-6394 Fax No.. 970 453-4579 Signature: Gate: _ Ensure the forms that are appropriate to your revision request are included in your submittal. Form Name and {Number) Required if ... of dam - ,�titiw ,,psttl1tilrfq/rt, tip,,�R / 4,4 ©V; �(j Mi�l, • tee — :Q. fe. ,,% ') e, .rty �1 • 111 •' • 1• $ •v 4r 11,rhp44400\,"\�� 0 Riverine Hydrology and Hydraulics Form (Form 2) New or revised discharges or water -surface elevations El Riverine Structures Form (Form 3) Channel is modified, addllion/revision of bridge/culverts, addltionlrevision of Levee/floodwall, addition/revision © Coastal Analysis Form (Form 4) New or revised coastal elevations E Coastal Structures Form, (Form 5) Addition/revision of coastal structure 0 Alluvial Fan Flooding Form (Form 6) Flood control measures on alluvial fans FEMA Form 81.89, SEP 02 Overview & Concurrence Form MT -2 Form 1 Page 2 of 2 FEDERAL EMERGENCY MANAGEMENT AGENCY RIVERINE HYDROLOGY & HYDRAULICS FORM an ft An. Jori --utas Expires September 30. 2005 PAPERWORK REDUCTION ACT Public reporting burden for this form is estimated to average 3 hours per response The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing, reviewing, and submitting the form You are not required to respond to this collection of information unless a valid OMB control number appears in the upper nght corner of this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Federal Emergency Management Agency, 500 C Street. SW, Washington DC 20472, Paperwork Reduction Project (3067-0148). Submission of the lorm is required to obtain or retain benefits under the National Flood insurance Program Please do not send your completed survey to the above address. Flooding Source: Colorado River, above Rifle Note: Fill out one form for each flooding source studied A. HYDROLOGY 1 Reason for New Hydrologic Analysis (check all that apply) Not revised (skip to section 2) 0 No existing analysis [] Alternative methodology 0 improved data ❑ Proposed Conditions (CLOMR) 0 Changed physical condition of watershed 2 Comparison of Representative 1% -Annual -Chance Discharges Location Drainage Area (Sq. Mi.) FIS (cls) Revised (cis) Methodology for New Hydrologic Analysis (check all that apply) 0Statistical Analysis of Gage Records ❑ Precipitation/Runoff Model ]TR -20, HEC -1, HEC -HMS etc.] 110 Regional Regression Equations ❑ Other (please attach description) Please enclose all relevant models in digital format. maps, computations (including computation of parameters) and documentation to support the new analysis. The document, `Numerical Models Accepted by FEMA for NFIP Usage" lists the models accepted by FEMA This document can be found at: tittplwrww.fema.puv;nutitsdten inorlI t,tno. 4 Review/Approval of Analysis If your community requires a regional, state, or federal agency to review the hydrologic analysis. please attach evidence of approval/review. 5. impacts of Sediment Transport on Hydrology Was sediment transport considered? ❑ Yes 0 No tl yes, then fill out Section F (Sediment Transport) of Form 3_ If Na, then attach your explanation for why sediment transport was not considered. B. HYDRAULICS 1 Reach to be Revised Downstream Limit Upstream Limit 2. Hydraulic Method Used Description Cross Section Main Channel upstream of 53.516 (K) Highway 13 Upstream of limit of detailed study area Hydraulic Analysis HEC -RAS [HEC -2 , HEC -RAS, Other (Attach description)] Water -Surface Elevations (ft Effective Proposed/Revised 5309.67 5309.67 nla FEMA Form 81-89A, SEP 02 Riverine Hydrology & Hydraulics Form MT -2 Form 2 Page 1 of 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 B. HYDRAULICS (CONTINUED) 3 Pre -Submittal Review of Hydraulic Models FEMA has developed two review programs. CHECK -2 and CHECK -RAS, to aid in the review 01 HEC -2 and HEC -RAS hydraulic models, respectively- These review programs verify that the hydraulic estimates and assumptions in the model data are in accordance with NFIP requirements, and that the data are comparable with the assumptions and limitations of HEC-21HEC-RAS. CHECK -2 and CHECK -RAS identify areas of potential al error or concern. These toos do not replace engineering judgment CHECK -2 and CHECK -RAS can be downloaded from I ili iao,,• :111tIisq,rrrn stili hiP, We recommend that you review your HEC -2 and HEC -RAS models with CHECK -2 and CHECK - RAS If you disagree with a message, please attach an explanation of why the message is not valid in this case. Review of your submittal and resolution of valid modeling discrepancies will result in reduced review time. HEC-21HEC-RAS models reviewed with CHECK-2/CHECK-RAS? 0 Yes 0 No 4 fvlodels Submitted Duplicate Effective Model' Corrected Effective Model` Existing or Pre -Project Conditions Model Revised or Post -Project Conditions Model Other - (attach description) Natural File Name• scoltDE.prj Natural File Name: Natural File Name. SPEX pry Natural File Name- SPP prj Natural File Name: Floodway Ale Name fw pr) Floodway Fite Name. Floodway Fite Name: SPEX.prj Floodway File Name SPP.prj Floodway File Name: 'Not required for revisions to approximate 1% -annual -chance floodplains (Zone A) - for details refer lo the corresponding section of the instructions. The document "Numerical Models Accepted by FEMA for NFIP Usage" lists the models accepted by FEMA. This document can he found at: C. MAPPING REQUIREMENTS A certified topographic map must be submitted showing the following information (where applicable). the boundaries of the effective, existing, and proposed conditions 1% -annual -chance floodplain (for approximate Zone A revisions) or the boundaries el the 1%- and 0.2% -annual -chance fioodplains and regulatory floodway (for detailed Zone AE. AO, and AFI revisions); location and alignment of all cross sections WIIh stationing control indicated; stream, road. and other alignments (e.g., dams, levees, etc.). current community easements and boundaries; boundanes of the requester's property; certification of a registered professional engineer registered in the subject State: location and description of reference marks; and the referenced vertical datum (NGVD, NAVE], etc.]. Note that the boundaries of the existing or proposed conditions floodplains and regulatory tloodway to be shown on the revised FIRM and/or FBFM anusi tie-in with the effective floodptain and regulatory floodway boundaries. Please attach a copy of the effective FIRM andfor FBFM, annotated lo show the boundaries of the revised 1%- and 0.2% -annual -chance ftoodplains and regulatory tloodway that tie-in with the boundaries of the effective 1%- and 0.2% -annual -chance floodplain and regulatory floodway at the upstream and downstream limits of the area of revision. D. COMMON REGULATORY REQUiREM'ENTS For CLOMR requests, do Base Flood Etevabons (BFEs) increase? 0 Yes El No For CLOMR requests. if either of the following is true, please submit evidence of compliance with Section 65.12 of the NFIP regulations: • The proposed project encroaches upon a regulatory tloodway and would result in increases above 0.00 foot. • The proposed project encroaches upon a SFHA with BFEs established and would result in Increases above 1,00 foot. 2 Does the request involve the placement or proposed placement of fill? ❑ Yes ® No If Yes, the community must he able to certify that the area to be removed from the special flood hazard area, to include any structures or proposed structuresmeets alt of Me standards of the local floodplaln ordinances, and is reasonably safe from flooding in accordance with the NFIP regulations set forth at 44 CFR 60.3(a)(3). 65.51a)(4(, and 65.6(a)(14). Please see the MT -2 instructions for more information For LOMR requests. is the regulatory floodway being revised? ❑ Yes 0 No If Yes, attach evidence of regulatory floodway revision notification As per Paragraph 65.7(b)(1) of the NFiP Regulations. notification is required for requests involvinn revisions to the regulatory floodway (Not required for revisions to approximate 1% -annual -chance floodplains jstudied Zone A designation) unless a regulatory floodway is being added. Elements and examples of regulatory floodway revision notification can be found in the MT -2 Form 2 Instructions ) 4. For LOMR requests. does this request require property owner notification and acceptance of BFE increases? ❑ Yes 0 No If Yes, please attach proof of property owner notification and acceptance (if available). Elements of and examples of property owner notification can be found in the MT -2 Form 2 instructions FEMA Form 81-89A. 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