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3.0 PC Staff Report 01.11.2012
Planning Commission — Public Hearing Exhibits Bedrock Resources LLC — Asphalt Batch Plant — Processing and Related Facilities Major Impact Review — Land Use Change Permit January 11, 2012 (File M1PA-7030) Exhibit Letter AtoZ A B ID E H Exhibit Description K M N P S T u V W Y Z AA BB Proof of Publication Return Recei•ts from Mailin • Notice Photo evidence of Public Notice Postin Garfield Coun Unified Land Use R f [Ofl of 2008, as amended Garfield Count Com ■ rehensive Plan A• •Iication Staff Resort Staff Presentation Referral Comments Coun Ve+etation Mana•er Referral Comments from Count Enoviro tme tal• iin allth Mana er Referral Comments from Co Referral Comments from Count Road and Brid • e De • artment Referral Comments from Hol Cross Ener Referral Comments from Ci of Rifle Referral Comments from Rifle Fire Protection District Referral Comments from Colorado Division of Water Resources Supplemental Application Materials on Air Quality Permitting, Fire Protection, and Noise Stud Su. Iemental A• #Iication Materials — Revised CDPHE Permits Iementai A. • Iication Materials — FAA Letter on He' • ht Reduction ERo Resources Wetlands Anal sis Cit of Rifle Watershed Permit A Iication Letter from ©r• anic Growers Or Letter from Ea le S•rin■s Water Quali Test Results on Monitorin ' Weil Pum Test Results for the Monitorin Well Letter & Attachments from Brian Condi, Garfield Coun Air ort Director FAA Determination of No Hazard to Air Navi• ation Su • • iemental Materials — Revised Gradin • Plan & Base Elevation 5r anic LLC TH4T6;t1AY, DEC NT'S 8, 2011 b 1M Deed of True[ 441cribed hand. has reed sal . d e5.a14n and deree,5❑ lee era a4 10'- 0dad OOyy pMInd In earl Deed af'ho.m. {7 45070FURF 14.446 10 1 ,1.09 OW an 15 014.144 at. e061104ul the ei V1. 1204 be▪ tl 12.4, ttGee be• .1181 nee 10* 1 W a.:1 beet Udder t l ePr. the l . Or p 00.rll'r and M Y emise 4 454.1119 Prow- ado). 0reln- 'o1r) 004lear(4 h.sra an❑ ereedn ee rn 401ltr *SW Ee of 02 0p the Indebtedrwsb a ymeo Deed 4.414 447100rt,e 0f Dale secu,W by 111 Deed 61 -Trust, tern e•Iterna Ittl74' Leda" 1M and Ma.. 04 . e. d oi' se, 0. ale [1.1'0110 , M as pro - Ire purchase, e4 s (yn6iulte .bad by lex'. nredl 1000 .,m an Wechaad y, 84Eauary 1, 7212 0�70:CONTINUED 70: Lance 14.X112 "CaOr Ors of N.. 4342}1..,1 Coleay Ptetflox " 1, CO :10'[ n wired T 0eger02 Sal Street, Slats 204. 41 .0 tood kn0 Feat P1fi : 0.6.11 boe 0. 2011 LAM Publicelbm Ja wsry 5, 2012 0,44e41; 04.201500 6, 2011 fl C1 p . y rleln• P1rb110 Total. Inde, ❑,arty Puaar T0.SIBB pl Yha Mme, address taaPh.r nt4Ob0r andr�02 Nation number Of the 11dnney€e) represenm12 lege beide• or 64e Incl. ed 0104 Afta1 y Mane le Bar ReGetP tiwthao 8. 24461- Hop 126030 Final Hems and Adrlry? NOp31 sad W Bet 001441. Sin214 Siege 400-061, CO "002.04 111 {345) 706-2600 F06 6,)10241 631-21 24 P alorrary}-w A1(.0502400 115.ml 0Yroay emlo nr 11410.1 sba5vn ..hove de.011114 ▪ deet enlaolor and any 1010.15110n ob- 4koed Rey ha sewer. 05.1 P 16p03 mese dere Odes, To)0gra'nJ 42060} ry 0. vk1721 by Iaw. '[044[0:10:7004 Web.:•d&Y Anresery224 7012 CONTIMJED TO: Fet ry , 20. 2 1 Bill' b w usl C (20151200 C,cxay raelu rx ty 1409 0411 Sm'. 0301,7.7 204. oboovloi 5001120. CO pL006020 4110 0544 1011 T2wp 9r7,22,211009 r P1 adon 602+ 22 2 .^71111 001041:w 22,20fI 4141141. Onsen 104110 PuCTI0 T Robert obert A lay.S 608, Do.p''.Oy PUNIC Cr.tan ,5 116x11' 1 the telephone rnell(1 ,0proao nd rareo- bello 11 ntl112100 41431150 Ne12, & H0,11.5010311 11.10111.1. 1(..004 - Reg Y 32904 Rpm Nev. 000 AOOresa. A,nowl. & 000414, xn'p I .1-P. 1196 BeKwrxic 547024(0 4.01, CO 11(7204 i'tI0001[27 013 64'77 Foy 4.'303)8121107 Atto,0al' Fla 4:2E 1 114 06832 1tr torney an61 firm .2,own above la *Ong ▪ debt cotl.otoe and arty holormation ob. Wined envy bn used 10f there peerage. Pubtle1.021207 '4,0 6 22, 2U. 20111.,he Rete CA%nn T.Wgrem pad 6321 THE Crrc1::N T LTOI,1tirAI4 PageZS ..61.211...241 hoe ,ofr!vat tlor CI 6M128i 20 4.10051 LLC 00010 51.61, 0 02 0011 DDr1 The Attorney obove Pe ootInp d bt ce 1100 • t e pod la atler.4100 406011601041.14!.Any In formallon provided may 64 used f. 11161 Pur pone Pu50140011 tlncehli.a 4 al 2011.10nu340 5, 2012 In 100 Plea 0111: n' T6Mpr1 m P2(0372) PIJULEL7140T14E NOT1o2 OF FINAL P100,JECT ♦5HE 001315066 NT PRR LCT l9 w 7163 In 406' d6 Y nullc0 prc4 1. 601.•11 In 58 419704)- 1 212 oe nm d ❑ t DE. PAH/VENT OF TRA.NSYORTATION STA f or COI OFADU 1140 I btn� lr 1 t 6Q600ate Ht1 29, 001 tho Wes 7 42 fru 1 67c 1a P 4 11511E 0131066 Y Ploc 1' 63, I1 U 11-1,2 Down. Wolk leW 10 11on 119 (tees alruollor chs 12 'bt1 15102520 P.112.1 06664 HIAA p 00 0Lp74204 l 146 71rn1 p6 Clnl t f11n rtF 061 i m f t ❑ end p14 b 1 12r,0 01 11 65040 fnd6Nl sod most t mrwW 111 b II' (TON 1F a le PS7P.iLC 1101711 [.0 '1 ha Haw MBIte T 02.'1Gorn ny Annuenl A£6I1O0 t .216 epu 1 04 year.1 C F 041 1010 St 1 1 40 irk 120f 2.20200 641, l V tope w 101 e1 Deo 5 1 .10154 h YWI^u A900pn' C4 98 Vo B 4,041 V 01� L prowl LFII N S d Y .1 eery 14. 2012 L f oo a.np ono role/Doi 1,6I 11102k1oocs oil oathlnihn 41011.4114roll Mary J.G. Fla02'1 F trot ry 011670) 191...0 01 01 011004. Stele a CUYiratln, 10-..2: 67422271 16 211 29..4 ...emery 5 t 2112 0ax14S'; rV Von: A earl W lend 15011105411151425 Erelf n;h.50401000..LLC Le9uLD s0119p.b0 E 1be6nr119 n 14.1, 0,0. 2, 2140'. a1 5204r0iwr Lege! S4alllor, 15, Townehlp G Suuth, Ramo 92 Wast pt��u.IC t �f3 tl310 T 111.1 FT r 1 lee elh P O, Coon[y C nrHol u 01 Colo rn.b ae1❑ lroc1 of lewd barns ❑e.crlieeu by Jnnr �,-� yle 211 of 12 PM rryalear nr10 922eldo m t 5115.-9 COrtIllea90 4217 f r 100 ehareo2,2112f, 91000 g I•q pcl Tom M1 e 5 V , C I W 1,1;421, 1250 he 1 e r+f nn1U ..ec1•ory tII b 5 Lh I) b E. C RrE 1 3244 I • '.lack 1304.82 toot .10 polo. bran9 on al, 501 P' C H R 3 1 4 he t 0401 0141 �q In N • theael y 141 4500 0 W Y 1 RI5444 [ C . niY 1- M1 tkn 65. 1 Mort' J Hong/a.m.. Fwad P.,109; Oven. et /. r ,id.R.40 .4 W.y thB tory 21'Oy 4376:2.1 PO E1r.a 117 sat, CO 13185 kalowlop 616 1 y.xrry 545[0' 014.41 Nrn+91r. c nt m F 72,12❑ In 1 ! erdren 75.10. December 6, g 1 ctaar b hd dp0i hev a , 11x.4 w of 6564 • 15.72. 29, 2011 h January s. 17 .4012 [7.14101•'19] t h1.arsl0d Ai3 Al bate dMga TJ J xf Aril 311.1 N,40`54634/91... alaQ. 4 u &1 car PS1TL10 Ef'O.i1[iC , V 271.001.1 l9191M n u' TDWN OF5T 1711 loll he sWw 021 919 verg o d wl,c OROWANCE NO. 11 vN Y ,G/W12.rr011, 1151.01- - SFItIC,•C'* 261',1 boo .42("0551^11. 202 02+18.0 AN ORd1fNANCE 44420110 17.31 OF THE $1437 PL 44. 31644 fou ❑ PI c8 420209 red6 v] r4. d by {owe bar ;16 yen U' 133 fool 1 e Rol E en the 0r1d ><.r1 ran 1 asp 1x101 TROLLER 120440/1 ! 1 T 4104 i 142 1 ) 4.8 N.3.4/32.01,W. 15 foot: �� E_Aro, &,0,241]gn Colarade 60"77 4 00.11 65-641ont error]1 or ;1010 74UN600PAL 8051 TO t 7ABL664 A PIJETGN02 4 h r. S:Dn p. - t - 6 floe 1 11 0. 1} ollee d r1y P. 1 01 of 722 9IXN92 0300. 1, WfD;1PNN TNf FOINN Or SILT,Ne OAA • R� 4121) COMBINED NOTICE-eweipRESTART rano. `2f 711447117 YI AM0501010 SECTIONS 17.'45.020 P11BL2CAi OS CR SALE 51 tp96(l33yyb4 70[[6(110 J, hood. 400p.EGR1n1 raa11wxl nlr)n 0.4. ..5 .. V W e.r�4sxvqp 1 Faded to SURE SALE 510,10-834 D6pndm.a "t nt1ta481km 1.J Hybl ' MO& 0022140017113.33foot, Ian) INCLUDE 711005. PEP .ErED US nSPECIAL 5 ▪ P 1:760. [ 4 10 414 Played iy 51nm.. NEWLY CAEp170 PROHIBIT T81S11515 WITHIN 744 W p d die Sal In Ylrwrn ;1A 40.14)11, 7in Ilth7741 Damn., T6lrt "''ow'0-'o B 110,44 04.0, 4 )Lady 1 11)1660 Wrono [1500 0112 ATED DJ$, 4 USES THIN TN) C '000111: Ties Nabr;u le 51yon W[th raper. i0 1 10 t .. 2911 272417-`321• 5;0,13 g1ph1 of Way M.1F1"?41 E 29-30 ero1 Iwrk;o SRN£ 04574014/ ' _ _ 006 INTDODUCED, PASSE., Y O S9 be 2e 2015 th 1d l200d PO T a ! h *1711 111320tlun end Dr/mond rei nrlg t6 en Deed e 1 Trust 11065111441 o bo rn00004,15110 County of 0541.01. M13. COM130tE0 V836-1021 " 0141001. Om7kners0 P0W S 00(600 PUBLIC TRUSTEE LEN .11166 peiGhar decref,bettfassr 00011 regard May s. 4112W111 drro efier..Hod. Is Dead of Mow i 1.N311 aL.erd1QCor.aOhio�Po- raBP1 60Cternber 21 20/1. the undaraigalea Publb Curter. Hon.' o Ennen0e d Ebyr Bank, FEB Trust 0 e41it. NOt100 of 81021102 0412 011 n, FEB d F Cela 14JB6ng to ine Owed el Trust 446- Oartii of Deed W T.1bt 3,09 wend below to be re.. 416111. records d Gar- wt.01 deo 0 dY ar s24;dr. Mid Coury•. Colorado al ReexplWn Nd. 608370. 1080344001110 Wbx Num., ender a11p47af DrAODYa1 767457 F.1e6 4.1 Ghent 0°W P$201,7 M ^111 t 616.,536.00 [}� 1.91157 f^k4c1/+!V IIatnrlyd RwlllebakAl $,reLw.r16 Mc a4.. n, �� namk,of vides L7N'fA'YM111]E E(4MK Current Owego-ofEvidence .2 12A__ SDebt by t Tlbd f Bo BA *10.1..4.. NA. am .u.letla0r Kt1y t. et 0x40 been f0 due ta: Tor... merger ,e BAC 148me Laine oEevk-9 10 593-1 ori 110,0 Say rd Mo id 04. d t0grilIo 73of 1 ue. e433n4rde Marne Loma ServCkq SF' 11 0160 060410 II 11964 0 181 I. 910 01018 e- C.rnlyDedof 740 e, 20011 Wes time..lLy1114080❑d445601x0mho+Nofn- dO.sd of Dore N0vemlbes 2e, 2007 Aces LIEN FORECLOSED MAY HOT BEA FORINT rrgglMo dt � W fi(M4 Bed Uwe 5112/.5513.4 6 t Abrtgen l'•BB P want f ellst34.34-16 serer], voiir 1 that t f rhe dead o de Ae.R.or Rat. d 175:.0e d col sat and ' 6M THE LIEN FCREG'LPS _ lier'r04 pp E A 0MI 1Satoh Flora [ 1 ...onto eel noel Re- ort For/ e 20111± Deed W Tev1t and fie -Flo- THE f4ed ffi lkn krClue9,0 813 4e�� 2.2110011 e rd, aCe HIAA P lnq on pntl paving.trio-re rblva1.er 6.2,41 keg Ind pp 2098 THE PROPERTY RC'}14414 HEREIN 113 ALL _ 41 Ice 1 bl 1000 4041 05, P y F ..4ndymarrad R6ce8bm 110.740'195 OF THE PROPERTY ME ENOP TH DEED TRUSTE. PUBLIC PUBL� an RIO1,* FOR nt11r:6 t thendu ! S b In pee, �achlrcery nrera...n.4 and trein*ccriiid. Fin-Fl.twded or P LIEN OP 711E [.EEO OF TAtbi PVQLIC.N0'lYCC NOTICE DF PIJRLIC HEARING 20120000 T WEST DIV}QE WATER C0445CRVANC'7 (35TR10on Mat pp7 4,100201 honce ue boean .by .[101070 to West Div..,Wet 2 (T02601,01237[1 t hal Y u �lr0pe tl 1727.(101 b 12uee1 46.111ryS t1' 11101. 1 T4200,0b4091 Blvd- S000101 rime, onwo400 woo.name 49 nava for pule. I p0 peon;4 p ad. proposer] b 4g 1 42111 b6 Ido red at • psbu11021P 0 r10p 414he 4]414, rr ng 04 100 Wont II1q22251100004011 ele11#Wt1ntrl0t 1 150741111 1 4)1400da on neo4mbe113.2011,'0118165 a.m. Arty Intero-siorl elect. Of [fb W t DN1❑6 Wove Cor i,cy 0.16111 may )1180 l lhn 31104000 1 654.0[, and 7 0 nr ale( any uptoc0mw tt»m1 u1 any Lk•n p1141 b tea. ,enc 0.96.5 of I10 W.-19nt Janet utlticck W.? Olvkl4 Wm.Tort o0} 7 Deal. Prayllehed In the r,fr Peet E5m61wt01en1 4014 Cies 112r 8,011.. 125.19 Rut,0x.,74 NAr'4631' E. 98.4000.0 ADOPTf Ca ANO 044204411) PUB04.9111'1) 8 111850.^3404810. 100 5450. 62 feet. Til "'Rade 2201 d NO V6I.1.601 2161. 0.y d N :21004.'0 144:751"61 thence N t5 090.7E plata Prdk dnc le 1 is 1 T Hoa47 at 70 ke41*at,ru 11.66-30.14'E. !9 15 Dae, 17 �p 11,Is 16Dr❑In 10 lave 01- p OB"4•1Y12'F.. 71 025 r t h4rxn fw1i t1Are2. din 'frf df 19nln N 1111" Pr :bcn.4,1. .LC 5s71 C. }' /4.71.39.03'E 73661 144 40 72 teat 0. 9,73 0]242 E. 64,111 feet, W ..,,. B.O.M. Mo1nly,6. OMC Teem CMm%, 64'321 1 , 133.17140[ Wench S 100'50 11'0. TOWN OF .1437 75.10 neat f 6,02/$757/B, 20.591.4 Uev1d C. Mpxn, 0140.,1 1 e823'1T.0`0.121.96100[ nrelcx 5 30'14'92"0 141.02 1000:44ares 5,54'47'4 NE. P Wkabnd In lha C,whl4rr Tringrmn o, Um.w llbe, 6, 151 20 Wet: Meru. 6,30.5694'0. 126.07 feel, 2011. {73033671 .6,Brrn ', 4 09.11'1- 9215 42.4, Eha11n 6131381.31E-195,0111rvrt 6144 76.00 h4, tl HRi0'04100'•£ 135.59100[ 62080011.0' 25-4. 'I'5 411003T: 1112.2316201: It oo...81.25 x440 110 E.N.545./2.5'E.S.1 Mon . SAM, 3"3's'E 052 ,82 ram to 1Mr Por-- g_04.1c_ris 4,_ NOTICE O H[NAL SETT MENT k'^4g;oiPROJECT e0 06031137 PROJECT IlD 16141 p -1tc 4 D fp1/0 The '111 ie fnc19 d 011 04 1 ea0 5010 4.611 .2 n011c p 5 4110ns001r13 y County Road 91 n,P 4y IT f elle 2 30 26 107 G.R.S. 1979 s emends., 1156 urn 1 tl: 1 t,r L 70 Ma Creek 01001 21140 OF , 404 SPORTATDON, b-rATE inir b pfd if of B s101 t. C3.5016 F COLORADO ht. lablleh,d D.ecelnh0r 29 County OI'41tAirport. Teo site le also known by 2011 mine .115 of Ilne04001000002- 'web 42024 AS 024 era Paco. He 2179 1194-00720 O structbn Inc t Pr 0004.0 0 7. P7s1eat ID 16141 I [.argnl❑ 00 1y Work c. >ofe et Rare.mar The Apo/1,4116n on .'e811.r.2e Motor hl1ppcl h 0 RI [ t Ofen l nIM t5. d 76 CM,'concretEIe, Ra kecrrAaq ,viexnw000 m+❑ No. 7420.55 IISREQ BY TII CHANCE OF NAME 14ecce .ng f,0I1lty l ape o e 1r1pNe' Pr4CiDal AN .. 7245,276.60 LOT 14 BUDS 20 SADDLEBACK VILLAGE p1L- . IN [tie MATTER OF THE PE -01!011 OF 'orlI818 eml.p .A.!. TM 61 p114P11Yy bete Ci 1 n 1 p verified t t flip KAREN KIRSCH WA1.1(ER 4.12. mel Wy 35.T2 T. proAony Zdtwid la dem ❑ *paid nl 1 bole the f 1 0 a,Oftreek1p .Mr1.;+1}d Frlyelaa 43ZJ.21 I NGED S R ACCORDING TO THE PLAT HE ?NAMEORD- FOR ACHANGE Of NAIi-TO. 1[4(01. The Applicant ❑esidcated rW e R INee' eat' lieren t M be M1 by Um [9711 �.p161a deh norm? a .B14.B1 ED AS OR 1-E 6 B NO, ELECT 0 THE LEGAL KAREN KI.W.40H. GREY o ll 1 0 Jail/ 'oy Simonson.. TROL EFrOw t W Y rmrla 17.11 4201 140444E OR LESS BUT SLIBJEGY 7(711143001114 day 144. 1/C82,5 Sob o Gordo Moyer, David Fl. F A1kA A0M>re, Doerr Colonel,.1}4'02, on Pursuant nt tI ad that. 0te 99anne 61 1, dee of 1110117105. E1dAP Nbflce W EFT.' ri'•1.41006. iirl. with Mecre 4110 End 0evnd D Smith O 1. e d & btrbefore' 00 P m. 4f 11. IF eae t dein trust n4nfla9t ...land ram.. oe. th M. 002 6110 ray. 27,000 .1406111 the AM. CA.J3M ieAeW6en an Deemn- ca W by the Deed or True rercr714❑ bedew Vee" r+w12712. Two you niimii r1i , 0. 10 by deed M ..14th b4. bl/4ke 105500 1 In il1100. AMv bwwrs Ly • te0 for 1 Coral/Mod ol44 C2 1� 7150.'• J.. Hares. I' B.. 041 a 409 theo. D ▪ Gee tv 50.04. pay Rl C.4.>•rCW, P�,Ea a.26, CO 814336. requests name of Karen 1111x11 Walker be A, Pe 12 i�tl by f P1roe� Che: Fngir°uOr.Onpannven1 r.Trauspee1noon pnoyluE b lo BEING Deed m+. an❑ N f11a T al>A .ver o , --o 'r'4^P'd 10 Karen Kueen O nus arab yawn Aro + Pt4m0.d n T.vHfEr4�uElf 60441[1 a<OREC4.RSE0IAA.Y HOT OE A O!< s of 114 [Raswla4rsd .11.44[ yw4 not i1P6 P° waded by T.wr a. 10 2#11 C7xer4❑9P %g2s!.Q1&AX ;% caoller ee Planning C 11 aI 1'eF ne 611 re11n1t 10 the c 11 FIRST 4£ra. THE PROPERTY DESCRIBED HEREIN 15 ALL 0142 Netic of EI 1180 ❑ a nd t es OT 00 PROPER/. LIEN CURRENTLY rio�e TAM -T.• Br0+IN0RIIIE end Y5 a Hereby eo❑ nl en ih prep0ny nd othe fl...1 0.11lrl�� LST 1 pH THE t1L=3d 9F T/t GEED OF TRVST yy0Nuu'blikt • 14cilon, et 2. WOVt 10 .0A.M. 06011 ON W fir 1 tl y. P�y/8❑ n 6110 CAf[e5 Tblsyrem 0. De �N*4or 6, whether - recommend m/ I, p 71 L1OT 1 B OF BD INV E STM ENT DUPLEX LOT 01/26/2012 1' 01110 0l 1 F elk T 12, 16, 2011, ('!306,38] bee -71..1 06. ❑ion l of 0.4 • 0411 ion l I)arb LINE ADJUSTMENT RE00RDEO DECEMBER 099th Shoe Suk4204. 41 tldll*11 '1p 0O Um Ch ga Po,er, Th apllc I y be 17, 2007 UNDER RECEPTION ..18427. COII'N• 11 to tlr 000110? and noel bl❑❑e4 f or Caen, Ilse ravleered 01e 11ffic 4 he Pldrm4r19 DO4).16 o^ DO eel Nei properly woe 4e kllereet of 111 told Omni- 442 TIf4 ADDRESSOR DF; Purley t p 0189 Debt Oas provided 4+48 A Sixth Sweet Set CO 81642 nal... of. 4eht eU by 414 QyO ne MTM deet O Petition Q1 and F%fM2 p�+..• *,kxbny 12*n1pF explimea F 41 pu. a CI E Df pET7K3N %R heeled !t 106 Bth Greet. Su11e 01 C 4100, Ceunly PI.0. 066112104. 01enw ❑ Soringa, Heim TY Or 6.11£65 STATE OF CCiLtaRA WHICH fn..R i CNANQE OF NAME 43.006112, Al4101, 1100(94 111.104141 64 6.10 n,4,. T e. hew m. Wk. 1. the. end in 44 enle 110• A+10441 honing 00 the .4043104 b he. been 1e ... 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Harter C.1ka 944010/10 {7,n944a4] Ro,porarae.A. a Tmrwporunkln Pub..' ,2011 ["14)37442411 le1yvem 40 12orem" 56r 6, Now all we need is your user name password, social security number, and bank account number... If it sounds too good to be true -well, you know the answer. We work hard to ensure the credibility and quality of our advertisements, so please contact us immediately if you have concerns about a print or online Classified ad. Call 866.850.9937 or small classtiodsecmnm.arg TRUSTED LOCAL CONNECTtOI1S POWERFUL NATIONAL MACH EXHIBIT YCMNM (41m2d6M05101115_ . 7044i1 1 EXHIBIT p7 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mafipiece, or on the front if space permits. 1. Article Addressed to: neyitita geOedas 5433 3 4140 SIL. eo 2. Article Number, (Transfer from service febef) PS Form 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY ■ Agent ❑ Addressee C. Date of Delivery , D. Is delivery address dfffaun from Item 1? 0 Yes if YES, enter delivery address below: 0 No rf. U b �U1a 3. Service Type 0 Certified Mail 0 Registered 0 insured Mall 0 Express Mail C7 Return Receipt for Merchandise Q C.O.D. 4. Restricted Delivery? (Extra Fee) 7011 1150 0000 8912 4761 ucrrressc RetumReceipi 0 yes —� 1540 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits.. COMPLET 1. Article Addressed to: Y /f1035PR,36141rGiLC 5 4/15411 Cie 5 4 6 r do 0/4050z THIS SECTION ON DELIVERY 0 Agent ❑ Address C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 2. Article Number (Transfer from service Iabeij 3. Service Type ❑ Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail 0 Return Receipt for Merchandise cl C.D.D. 4. Restricted Delivery? (Extra Fee) 0 yes 7011 1150 0002 8912 4808 PS Form 3811, February 2004 15Dm Ketum Receipt SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the maiipiece, or on the front if space permits. COMPLE ,32595-02-M-1540 THIS SECTION ON DELIVERY 1. Article Addressed to: in /epeiolstiirk L/ Si 2. Article Number (Transfer from service labef1 =4,747rci, ID Agent ❑ Addressee C. Date of Delivery D. is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Certified Mail 0 Registered © Insured Mail 0 Express Mall 0 Return Receipt for Merchandise C.Q.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7011 1150 0000 8912 4754 .-ons 1 L_.__. nnne •merle m as •e.,n a ic6c:l's.s4' J"v./.4,00FI,R;.., rte. ,C7.'li', a'.r_T:.R k�►i i. .:X SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits, ] Agent-- -0 gent `'❑ Addresser Delivery 1, Article Addressed to: Dauer F m; rivcr4,Fs, LLC. 99 5• OD ev) 5f. * `5c) den?u¢r Coloradto $0201 , Is delivery address different from item If YES, enter delivery address below: es 0 No 3. Service Type 18( Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail 0 Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7011 1150 0000 8912 4747 PS Form 3811, February 2004 Domestic Return Receipt 102595•02•M -154f SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired, • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Soleek E. a,ci.ck. Ue IPia_ 1A, ;NIN2;S 91)014 1 3 (04-19 fro:_ckw Coit) ra.caD i 35 A. S 8 to 0 Agent 0 Addressee C. Date of Delivery I12 -7_r D. Is delivery address different from item 1? 0 Yes if YES, enter delivery address below: 0 No , Service Type Cert ed Mail 0 Registered 0 Insured Mail LI Express Mall ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from Service IabeJ) 7011 1150 0000 8912 7540 PS Form 3811, February 2004 SENDER: COMPLETE THIS SECTION Domestic Return Receipt • Complete items t, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address an the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: cue gia-j5 Ufa LC 641 5'J46 2. Article Number (Fransfer from service Labe° 7 011 115D 0000 8 912 PS Form 3$11, February 20u4 rieturn iiecelpt 102595-02-M•1540 COMPLETE THIS SECTION ON DELIVERY ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D . Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No S ?vice Type Certified Mail Registered 0 insured Mail ❑ Express Mall ❑ Retum Receipt for Merchandise o G.O.D. 4. Restricted Delivery?? (Extra Fee) 4778 0 Yes SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. II Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: M arc T. OQ jQ .33771-2.. Q(Vn� Colorago COMPLETE THIS SECTION ON DELIVERY A. Signature B. Received by (Printed Name) Li Agent fr A3d :W Date of Delivey D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below:`. 0 Na • 3. Servlce Type Et. Certified Mail D Registered ❑ Insured Mall ❑ Express Mail o Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7011 1150 0000 8912 7533 PS Form 3811, February 2004 SENDER: COMPLETE THIS SECTION Domestic Return Receipt 02505-024.4-154 COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. NI Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed ta: PA - C/o (T tj 2 rca. l ld CcZ l.{ S [} (VC. ioj Nor -H, if ob.,N5D*1,SulteJi7QD O KCdct_ho •r,0. C: - , 010016,,o_ '73102-551k/ X Agent 0 Addressee B Received ayilOyln Jed Name) »er ate o��very D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ECertifled Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7011 1150 0000 8912 7526 (Transfer from service labej PS Form 3811, February 2004 Domestic Return Receipt SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. II Attach this card to the back of the maiipiece, or on the front if space permits. Article Addressed to: C C ,r Tr“. s± Carol (. IAA; 4/e re / 55 Sowt►, int; k wc��.Kee `Str-ee' - c12Nuer, ColafacQo Si Go 9 COMP 1 92595=02 -M1 -154C ETE THIS SECTION ON DELIVERY 0 -Agent ❑ AddresseE B. Receliied by (Prfnied N. =. C. Date of Deliver) /—I I r Gt L ❑1 D. Is dela ry address different from item 1? Yes If YES, enter delivery address below: 0 No 3. Service Type Di -Certified Mail Q Registered Q Insured Mail 0 Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7011 1150 0000 8912 4730 PS Form 3811, February 2004 Domestic Return Receipt 102555-02 -M-154 SENDER: COMPLETE THIS SECTION Compiete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: Zneuej 0e6e44 geogotisshif c a4 / 6)&44./ 037,5— 6 se 35.-- gig, , 57) 2. Article Number (Transfer from service Taber? PS Form 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY A Sig x E. Received by (Printed Name 0 Agent 0 Addressee C. Date of Delivery D. is delivery address different from Item 17 0 Yes if YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mail 0 Registered 0 Insured Mail 0 Express Mail 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) CI Yes 7011 1150 0100 8912 4648 Domestic Return Receipt •SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your narne and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressers to: Se -c)6±- + Lr JJg//VJ//W J'1(Y 6g X93 i 5-7) 2. Article Number (T?ansfer from service Iabel) 102595-024A-1540 COMPLETE THIS SECTION ON DELIVERY B. Recei by (Printed Name) C. Date of Delivery D. Is delivery address different from it 1? 0 Yes If YES, enter delivery address below: C] No 3. Service Type 0 Certified Mail Registered CI Insured Mail 0 Express Mail ❑ Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (tea Fee) 7011 1150 00019 8910 4686 PS Form 3811, February 2004 Domestic Return Receipt 1:11 Yes 102595-0244-1540 SENDER: COMPLETE THIS SECTION • • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your narne and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY r- 1. Article Addressed to: Picf;, L. Lee ,Q;)e, 2. Article Number (Transfer Iron service label} Agect CkAdd B. Received by ( Printed Name) C. Date of D i D. Is delivery address different from item 1? 0 Yes 11 YES, enter delivery address below: 0 No Service Type • Registered ❑ Return Receipt for Merchandise © Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) El Yes 7011 1150 0000 8912 4662 Forrn 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 I. w L- )tfl•Z e-oL»n .7 F • E •CC • LO LU LO LU 7 O 0 0 0 1 —U ru r Er m+-0 o afi r= 1 a a i° pj i s:t L .. C] 4 0 t:•4 • cLI c d0 0 C ° in Q1 ._J f ' V d L 7011 i w o Q LC1L .r -r N ON. 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It (t0toitust DGf*r1sit.4 at 410;)• tf Y B 11, or 108 8th Sry Srt* 1 _ , Glenwood Springs, CO 81601 1 EXHIBIT G Planning Commission January 11, 2012 MIPA-7030/GH PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW APPLICANT (OWNER) PLANNER/CONSULTANT LOCATION LEGAL DESCRIPTION ACRES ZONING Major Impact Review— Land Use Change Permit for an Asphalt Batch Plant and Related Accessory Uses Bedrock Resources LLC, Charles Ellsworth, Manager Schmueser, Gordon, Meyer, Inc (SGM), Jefferey Simonson The site is located off of County Road 315, approximately 1/3 of a mile south of the Interstate 70 Mamm Creek Interchange and 1/3 of a mile east of the Garfield County Airport. A tract of land being situated in Section 18, T6S, R92W and also known by Assessor's Parcel No. 2179-184-00-720. The site consists of 35.72 acres. Rural I. DESCRIPTION OF THE PROPOSAL AND BACKGOUND Project Description The Application requests Major Impact Review approval for an asphalt batch plant and related accessory uses including contractors yard, general service, processing, professional office, recycling processing facility, and storage of machinery, equipment or products. The site is approximately 35 acres in size and is located along the east side of County Road 315 (Mamm Creek Road). Access to the site exists today, however, the Applicant anticipates relocating and upgrading the access drive and intersection with the County Road. An office will be located on the lower portion of the site adjacent to the County Road and an access road built connecting the office to the industrial operations on the upper portion of the site. The Applicant intends to relocate to the site their existing batch plant which is currently located off of County Road 311 east of Silt. The machinery being installed on the site will include: mixing drum, lime and product silos, various bins, bag house (air filtration), fuel storage, burner element, and control house. An 8,000 sq.ft. covered storage building and a 5,000 sq.ft. shop building are also proposed. Several storage areas for raw materials and recycled material are also planned. Vicinity Map BEDROCK RES+► ' CES, LLC d Ccnr:y Other components of the proposal are outlined below and shown on the overall site plan: • Fuel storage area and containment Storm water drainage improvements including the construction of several detention ponds • Drilling of a new well for potable water use • Installation of a new septic system for waste water including sewer line connnections. • Hydrants and water line connections to the major pond for fire protection. • Best management practices for water quality protection during construction. • Access road with 28 ft. driving surface • Landscaping, plantings, reseeding, and slope stabilization • Weed removal and control (primarily Russian Knapweed) • Protection of wetlands areas and construction of wetland mitigation areas Parking areas for the office (7 spaces) and the shop/storage area (10 spaces) • Circulation and parking areas for transport trucks • Rock Crusher (used for recycling) 2 Proposed Site Plan Ztt.= mer ionocr id Lw Yq iY�fll lt3lIn Eli IBSli +``. • A general photograph of the existing facilities (to be relocated) is shown below with additional photographs attached as an exhibit to the Staff Report. The tallest elements of the industrial operation are the lime silo (47') and the loading/product silo (41' 6"). Existing Facility II. ADJACENT USES Adjacent properties and land uses are summarized below and reflect the character of the area including rural agricultural uses and oil and gas activities: North: Single family residential, agriculture, and open space East: Organic agriculture, solar power generating facility, and oil and gas pads West: Mamm Creek Road (County Road 315), open space, and further west Garfield County Airport, industrial, storage, and oil and gas production. South: Agriculture, residential, and oil and gas production. Zoning adjacent to the site: North: Rural (R) East: Rural (R) West: Airport PUD and Industrial (I) South: Rural (R) III. AUTHORITY AND APPLICABLE REGULATIONS A. The Land Use Tables contained in Section 3-501 of the ULUR, designate Processing including an Asphalt Batch Plant within the Rural Zone District as requiring a Major Impact Review. The list of additional activities proposed (Le. office, contractor's yards, storage etc.) are typical and accessory to the proposed use. B. Section 4-106 of the ULUR outlines the Major Impact Review Procedures including public notice requirements. The process includes public hearings before both the Planning Commission and the Board of County Commissioners, C. Article 7 of the ULUR includes general standards for review in Divisions 1, 2, and 3. Article 7, Division 8 also includes standards for specific uses including Section 7-810, Industrial Uses. (see excerpts below). Section 7-704 and Section 3-405 contain standards for activities in the vicinity of airports including avigation easements, lighting, reflective materials, industrial emissions, height issues, and wetlands. SECTION 7-810 ADDITIONAL STANDARDS APPLICABLE TO INDUSTRIAL USE. A. Enclosed Building. All_fabricution, ,service and repair operations shall he conducted within an enclosed building or obscured by a fence, natural topography or landscaping. B. Loading and Unloading. 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. 4 C. Outdoor Storage Facilities. All outdoor storage facilities far, fuel, raw materials and products shall be screened by natural topography or enclosed by a fence or wall adequate to conceal such facilities from adjacent property. 1. All outside storage abutting or facing a lot in a residential or commercial zone shall be screened by natural topography or enclosed by a site-obscuringfence to obstruct the storage area from view. The fence shall be of material and design that will not detract from adjacent residences. D. Industrial Wastes. All industrial wastes shall be disposed of in a manner consistent with statutes and requirements of CDPHE. E. Sound. The volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes. F. Ground Vibration. 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 G. Interference, Nuisance or Hazard. 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 exemptedfrom this provision. IV. COMPREHENSIVE PLAN The Site is designated by the Comprehensive Plan of 2030 as Residential Medium High (MH) with residential densities of 2 to < 6 acres/dwelling unit, Chapter 3, Section 4, Economy, Employment and Tourism includes a number of goals, policies, and strategies relevant to the current application. Several key elements are summarized below: Goal #1: Maintain a strong and diverse economic base (for both employment and income generation). Policy #5: The County will direct industrial development to the airport center and other appropriately designated areas. Strategy #4: Ensure that commercial/industrial development are compatible with adjacent land uses and preserve the visual quality of the county. 5 V. STAFF ANALYSIS A. Public and Referral Comments: No public comments have been received in response to the public notice which included posting the site and mailed notice to property owners adjacent and within 200 ft. of the site. Referral packets were sent to the following agencies with comments summarized below and included as exhibits. The Applicant has provided responses to a number of the agencies/issues which are also included as exhibits. 1. Garfield County Vegetation Manager: requested specifics on a knapweed management strategy and quantifying area of disturbance to determine if re- vegetation security is required. 2. Garfield County Environmental Manager: identified a number of concerns including Colorado Department of Health and Environment permitting, fugitive dust control, water, sewer, noise, and storm water management permitting. 3. Garfield County Consulting Engineer: a technical review meeting was held with the Consulting Engineer and subsequently written comments submitted. Comments addressed the access, stormwater and drainage, wetlands, geotechnical and soils. 4. Garfield County Road and Bridge: noted issues with storm water impacts and the possible need for speed reduction and signage on the County Road. 5. Garfield County Airport: No comments at this time, however we anticipate comments on the avigation easement and FAA Determinations. 6. Holy Cross Electric: requested a 30 ft. easement for the existing power line and noted that relocation of existing facilities and/or line extensions would require completion of additional contractual arrangements. 7. Town of Silt: no comments received. 8. City of Rifle: has indicated that review of a watershed protection permit is ongoing. 9. Rifle Fire Protection District: submitted comments on additional information needed to calculate fire protection water supply, hazardous materials, and access. 10. Colorado Division of Water Resources: commented on the proposed water source (well) and related use issues including the West Divide Water Conservancy Contract, existing water rights on the site, and the Applicant's current monitoring/test well activities. 11. Colorado Department of Public Health and Environment: provided verbal comments identifying the need for additional/different permitting with the State. Additional comments are anticipated. B. Site Suitability: The Applicant's Site Suitability analysis meets the ULUR requirements and addresses key issues for the site as follows: 1. Access is well documented with plans for upgrading identified in the submittals. 2. Access relocation plans shall require approval of a new access permit by the County Road and Bridge Department. 3. A copy of the easement document for the adjoining property needs to be provided and the status of easements for Holy Cross Electric clarified. New easements for 6 electric service may be required. 4. The topography of the site warrants careful review of detailed engineering and soils analyses that have been provided. 5. Natural features on the site are well documented in the submittals and make note of the topography and significant slopes on the site. 6. Drainage features include several swaiesldraws and small wetlands areas. Mitigation in the form of detention ponds are proposed along with obtaining permits from the Army Corp of Engineers that may be required. 7 Plans for potable water to serve the site are provided and a monitoring well has been drilled on the site in anticipation of providing well test results. No irrigation rights are associated with the property and the Applicant will need to address provision of water for landscaping and re -vegetation. 8. No flood plains are mapping on the site. 9. A detailed soils and geotechnical analysis has been provided including recommendations on the site development. 10. No major geologic hazards were identified by the analysis, however, the presence of an alluvial fan in the vicinity of the proposed office and secondary detention pond will require additional engineering study and evaluation. 11. The Applicant's Wildlife Impact Study indicates that the natural vegetation on the site supports only low wildlife habitat value and "No threatened, endangered, or candidate species are known to occur within the area..." 12, The applicant's analysis of archaeological resources on the site did not identify any features that meet the criteria for protection or additional study. C. Impact Analysis: The Applicant's Impact Analysis addresses the requirements of the ULUR and identifies the following attributes in support of the application: 1. Adjacent properties and mineral rights owners have been identified per code. 2. Adjacent land uses have been noted and include a mix of agriculture, oil and gas production, vacant lands, and residential uses. Topographic and physical separation helps to mitigate impacts on adjoining agricultural uses. The property immediately adjacent and east of the site has been approved for development of a major solar power generating facility. 3. The Application includes grading plans, road engineering and road profiles addressing slope issues associated with the topography of the site. 4. Soils information is detailed in the Geotechnical Engineering Study prepared by H.P. Geotech. The report includes the following summary of findings: "Geologic conditions that could present potential hazards or major constraints to the proposed new paving plant and associated facilities were not indicated by this study." 5. The H.P. Geotech report addresses potential hazards and recommends additional evaluation of "potential alluvial fan flooding and to develop site specific geotechnical engineering design information". 6. The Applicant's water supply pian proposes drilling a well on the site with water storage and hauling as a backup or supplemental option. The plan addresses the likelihood of developing a productive well on the site and a recent test well has been drilled. 7 7. The geotechnical evaluation and test pits did not encounter any ground water. Percolation test have been conducted and compliance with Garfield County regulations for Individual Septic System will be required. Irrigation of re -vegetation and landscape planting is anticipated but the Applicant needs to provide details. 8. No significant impacts on the environment were found in the ERO Resources Corporation study of the site. 9. The Applicant has provided a detailed Traffic Study prepared by SGM. The study addresses traffic generation from the proposed use, improvement warrants, and impacts on off-site intersections. 10. Noise and maximum sound levels are addressed in ULUR with reference to the State noise limits. Noise issues are addressed by the Applicant's studies and indicate compliance with maximum daytime limits. Recommendations for fugitive dust control are included in referral comments from the Garfield County Environmental Health Manager. 11. The Applicant needs to quantify the area of disturbance and supply a reclamation bond if determined to be required in accordance with the Garfield County Vegetation Manager's recommendations and County policies. D. General ULUR Standards 1. The proposal is in compliance with general zoning provisions including setbacks. The height of certain elements of the batch plant exceed the non-residential height limit for the Rural Zone District of 40 ft. but are typically exempted by Section 3-301 (K). Reduction of the effective height of some elements may be necessary to meet FAA requirements. 2. The off-street parking areas meet the code requirement for the number of parking spaces for the office and shop areas. The site plan includes extensive areas for loading and circulation of trucks. 3. The Applicant shall be required to document the legal and adequate physical supply of water in accordance with Section 7-105. 4. Wetlands and/or marshy areas have been identified on the site and will be largely avoided by the development. Mitigation for minor encroachments will be accomplished by the detention ponds and storm water management improvements. 5. Water Quality protection is benefitted by the detention ponds, filtering of debris and settlement of sediment facilitated by the design. Provisions for ongoing maintenance should be required. 6. Landscaping plan is appropriate for the site and will provide some visual screening. 7 Lighting for the site should be the minimum amount necessary and should be directed downward and inward toward the interior of the site 8. Limitations on hours of operation should be set forth and are recommended for 7:00 a.m. to 7:00 p.m. based on compliance with the State limits on noise. E. Specific Industrial Use Standards -- Section 7-810 of the Unified Land Use Resolution of 2008 as Amended 1. The site plan includes a 5,000 sq.ft. shop building allowing service and repair 8 operations to be conducted in an enclosed building. Topography, slopes, and site grading will also reduce visibility of the site. 2. All operations including loading and unloading are accommodated on the site. 3. Much of the outdoor storage will have limited visibility due to the topography of the site. Visibility from properties to the east may be an issue. 4. Proper disposal of industrial waste in accordance with the Colorado Department of Public Health and Environment shall be required. 5. The applicant's sound/noise analysis indicates that the asphalt batch plant operation will be in compliance with State standards. Prior to full operation of the facility a supplemental study shall be provided to the County based on final grading and elevation plans, confirming the preliminary findings of compliance or providing additional sound mitigation to achieve compliance. 6. Impacts from ground vibration have not been identified in the Application submittals. 7. Nuisance impacts inconsistent with a typical industrial operation have not been noted. F. Airport Compatibility 1. The Applicant has provided copies of their "Notice of Proposed Construction or Alteration" to the FAA in association with the avigation easement on the site. The Applicant is actively pursuing a determination of "No Hazard to Air Navigation" from the FAA associated with Form 7460-1. The Applicant has indicated a possible reduction in the overall height of some of the facilities may be required and can be accomplished by lowering the grade at the location of the batch plant and silos. 2. The Application was also referred to the Garfield County Airport. Staff anticipates receiving referral comments from the Airport Administration and in the interim has included a draft condition consistent with past comments. 3. Conditions of approval should require compliance with all applicable sections of the ULUR related to airport compatibility including Sections 3-405 and 7-704. Of note these sections prohibit industrial emissions that obscure visibility, guidelines for lighting, restrictions on reflective materials and electrical interference, height limitations, and wetlands restrictions to avoid conflicts with wildlife associated with bird movements. VI. RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL Subject to a finding that the Application is in compliance with all applicable provisions of the Unified Land Use Resolution of 2008 as amended and generally consistent with the Goals and Policies of the Garfield County Comprehensive Plan 2030, the following recommended conditions of approval are provided for the Planning Commission's consideration in support of a motion to recommend approval of the Land Use Change Permit request for a Major Impact Review for Bedrock Resources LLC for an Asphalt Batch Plant -- Processing, and related accessory uses. 9 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission shall be conditions of approval, unless specifically altered by the Board of County Commissioners; 2. The operation of this facility and any future amendments shall be done in accordance with all applicable Federal, State and Local regulations governing the operation of this type of facility including but not limited to the FAA and Avigation Easement approvals and notifications. 3. The Applicant shall maintain compliance with the provisions of the Unified Land Use Resolution of 2008 including but not limited to 7-810, Standards for Industrial Uses. 4. The Applicant shall comply with the recommendations of the County Vegetation Manager in regard to weed management including provision of a detailed weed management plan addressing the specifics of the tamarisk and Russian knapweed management strategy. 5. The Applicant shall supplement the reclamation and landscaping plans with details on irrigation and protection of trees and shrubs from wildlife damage. Reclamation of the site shall be completed in accordance with the Applicant's submitted plans and the Applicant shall quantify the area of disturbance to be reclaimed and shall provide security for said reclamation if required in accordance with County Policies, Reclamation shall be completed during the next growing season after completion of construction. 6. The relocated access to the site shall be constructed in accordance with the Applicant's submitted plans subject to: (a) updating the road cross section on Sheet 7 of the engineering plans to reflect the current proposal for 28 ft.; (b) obtaining a new access permit from the County Road and Bridge Department; (c) compliance with any access permit conditions of approval and required improvements associated with said permit. Access permit conditions may include but are not limited to additional safety signage, additional speed limit signage to facilitate potential speed reductions, drainage improvements, and vegetation trimming to improve intersection visibility. 7 Access to the residential property to the north shall be maintained during construction of the new access road. At the discretion of the neighboring property owner they may continue to utilize the existing access alignment or the new joint access proposed by the Applicant. Should the adjacent property owner desire to use the new access: (a) additional evaluation of driveway grades shall be required; (b) the Applicant shall provide copies of the existing easement documents and appropriate revisions to implement the new joint access configuration; and (c) said documentation shall be submitted to the County for review and approval by the County Attorney's Office prior to issuance of the Land Use change Permit. 10 8. Prior to any construction or grading activity on the site the Applicant shall provide documentation of issuance by the Colorado Department of Public Health and Environment (CDPHE) all required permitting including but not limited to air quality - Air Pollutant Emission Notice (ADEN), construction permits, fugitive dust, storm water, and spill prevention permits/plans. Minor edits to labeling on the Erosion Control Plan shall also be completed by the Applicant and approved by the County's Consulting Engineer. 9. A dust management plan for construction and operations shall be provided and approved by the County Environmental Health Manager prior to any construction on site. 10. The Applicant shall update well permit applications and water contracts to reflect the proposed industrial and office uses. Prior to the issuance of the Land Use Change Permit the Applicant shall provide evidence that the Division of Water Resources has issued the industrial/commercial use well permit and that it has been tested for production and water quality and meets the appropriate standards in accordance with Article VII of the ULUR. If supplemental hauling of potable water is necessary, the Applicant shall use properly licensed and equipped contractors meeting CDPHE requirements. 11. The Individual Sewage Disposal Systems shall be required to meet Garfield County Permitting and design requirements and engineered systems may be required based on additional site specific soils evaluations. 12. The Applicant shall implement all storm water management improvements as represented in the Application, obtain State Storm Water Management Permits, and construct all required wetland mitigation. Written evidence of compliance including all Army Corp of Engineers wetland permitting shall be provided prior to issuance of the Land Use Change Permit. The Applicant shall provide ongoing maintenance of detention ponds and wetlands areas. 13. Prior to issuance of the Land Use Change Permit the Applicant shall provide written confirmation from the Rifle Fire Protection District that the District has approved the fire protection and emergency vehicle access plans for the site. The Applicant shall also provide operational standards/policies to reduce the potential for wildfire (i.e. weed control, separation from native vegetation, heat and spark mitigation) 14. Engineered foundations, on-site observation of excavation, and compliance with the recommendations of the H.P. Geotech Preliminary Geotechnical Engineering Study shall be required for all new construction and grading activity on the site. Prior to issuance of the Land Use Change Permit, additional studies shall be performed to evaluate the potential alluvial fan flooding and to develop facility specific geotechnical engineering designs for mitigation as appropriate. Said plans shall be provided to the County and subject to review and approval by the County's Consulting Engineer. 11 15. Prior to the issuance of the Land Use Change Permit, the Applicant shall provide utility easements for Holy Cross Energy's existing electrical service and any relocation. The Applicant shall also document Holy Cross Energy's ability to serve the proposed use pursuant to their referral comments dated 1218/11. 16. Prior to issuance of the Land Use Change Permit, the Applicant shall provide evidence that the City of Rifle has issued a watershed protection permit for approval for the proposed use. 17. The Applicant shall obtain sign permits in accordance with the ULUR for all signs proposed for the use. 18. Prior to issuance of the Land Use Change Permit the Applicant shall provide written confirmation of approval of all FAA requirements including but not limited to a "Determination of No Hazard to Air Navigation" and Avigation Easement Requirements for construction of the proposed facility in the vicinity of the Garfield County Airport. To further protect the safe aerial operations that occur at the Garfield County Regional Airport the owners and operators of this facility shall at all times fully comply with the FAA Aeronautical Studies associated with the Determination of No Hazard to Air Navigation and/or future FAA aeronautical studies including, but not limited to, approved conditions for construction, repair, maintenance and/or expansion of this facility. 19. The Applicant shall comply with standards contained in the ULUR for uses in the vicinity of Airports contained in Section 3-405 and Section 7-704 including but not limited to lighting, use of reflective materials, industrial emissions, electrical interference, wetlands, utilities, structure height, and avigation easements. In addition, lighting for the site should be the minimum amount necessary and should be directed downward and inward toward the interior of the site 20. Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. based on compliance with the State limits on noise. Prior to full operation of the facility a supplemental noise study shall be provided to the County based on final grading, elevations, and structure heights confirming the preliminary findings of compliance or providing additional sound mitigation to achieve compliance. 12 ADDITIONAL PHOTOGRAPHS OF THE EXISTING FACILITY 13 PHOTOGRAPHS OF THE PROPOSED SITE Looking South - View of the Upper Portion of the Site View Looking South -East from Mamm Creek Rd. 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Q - = C ( C O O D. fD v, rD O_ r•r O n ma! ,E -0 a) cn 3 rD tri �.— v) 07 1.ivy(-1 Z3 oa)ocr �4-+, Vs r+ fD a- - CL 3 0- ' C rt) rD O cu ODCM C -J Q= 3 O' --' Q N ❑ C7 cr IA N' c,n r -F rn 27. 0'4 < v .. ❑- r* r cm O - 5' r` Q 1-$-N O ro ar Z] = Q` 0_® C s--+ 0 Q r+ -• ? (7) a f"7 � it; c gcm= rD- a : r-ri 'Er 8 ,-1. m as — , . O -o °q H. CI) ID r -f r+a rD lD=1. 500 -C - .© a Q C-.- ivz9-g o - ,--1- 3-z 5 F.�= ?< cr rD 1 EXHIBIT MEMORANDUM To: Glenn Hartmann From: Steve Anthony Re: Bedrock Resources Major Impact Review Date: December 19, 2011 Noxious weeds The applicant presented a noxious weed inventory on a map. Tamarisk and Russian knapweed are indicated on site. On the map the applicant indicated that the tamarisk "will be removed", Staff requests that the applicant provide a weed management plan that addresses the specifics of the tamarisk and Russian knapweed management strategy. Revegetation A seed mix and list of plant materials to be planted was provided. For the purposes of determining if a revegetation security is necessary, we request that the applicant quantify in terms of acres, the surface area to be disturbed that will be reseeded. Once we have that information a recommended security amount will be determined. Landscaping Are there plans to provide supplemental irrigation to the shrubs and trees listed in the planting schedule? Are there plans to provide some type of protection around the trees and shrubs from wildlife? Glenn Hartmann From: Jim Rada Sent: Thursday, December 22, 2011 2:11 PM To: Glenn Hartmann Subject: MIPA-7030 Bedrock Resources LLC Asphalt Batch Plant Hi Glenn, EXHIBIT 0 1 promised, I have reviewed the above referenced application and have a few comments. 1. Although the information on the CDPHE Air Quality Permits may ultimately be similar to that of the current Frontier Paving location, in order to move a stationary facility like this, the applicant must undergo a complete CDPHE APCD permit application process including submittal of an APEN, obtaining a Construction permit and, once operational, obtaining an operating permit. The MIPA implies that the only thing changing is the location, therefore obtaining a new permit should be relatively simple. I have consulted with CDPHE about this MIPA and my understanding is that because the current facility is classified as a Synthetic Minor Source for purposes of their operating permit, the new location may require some level of cumulative impact modeling, particularly because of the relatively close proximity of the new site to a number of existing industrial sites that are permitted by CDPHE APCD. I strongly recommend that the operator be encouraged to initiate the Air Quality Permitting process soon and that they be required to obtain a Construction permit before the land use change is approved, or at least before any site construction can begin. The applicant can contact Marley Bain at CDPHE, 303-692-3253 with specific questions regarding this matter. 2. There is not much information about fugitive dust mitigation. If this is adequately covered in the CDPHE permit, that is good. But I recommend that the County also have a CUA that give the BOCC strong authority to require stringent dust mitigation, especially in light of proximity to the airport, nearby residences and highly used heavy haul roads in the area. 3. The potable water system sizing is based on 12 on-site employees. There is no mention of transient users(i.e. truck drivers). I believe that CDPHE would include potential transient users in the determination of whether the water supply would be considered public or private. If there are 13 or more transient potential water users per day for at least 60 days per year than this water system may be considered a regulated public water supply. I strongly recommend that the applicant be required to research this matter with CDPHE and provide proof that they meet all regulatory requirements before approval of the land use permit. They can contact Erica Kanely, 303-692-3543 to gain clarity on this matter. 4. lam not sure if CDPHE allows hauled water for a permanent water supply. If this water system is ultimately determined to be a private water supply system and if water hauling is allowed by Garfield County, 1 recommend that the applicant be required to only utilize the services of a water hauler that meets the CDPHE requirements for water haulers and that the applicant be required to follow similar requirements to those required under the Minor Temporary Housing Facilities in the Garfield County land use regulations. 5. The ISDS design in the Land Suitability Analysis is also based on a flow generated by 12 employees. This number may need to be reevaluated should CDPHE (and Garfield County) consider the potential number of system users to be a number greater than 12. In addition, the ISDS design would also need to be altered appropriately if larger anticipated sewage flows are determined. 6. There is no documentation detailing how the "sound survey" was conducted. I believe that the hand written notes are inadequate and that a properly conducted noise study be required. 1 7. Page 3 of the Land Suitability Analysis indicates that there is an abandoned well near the second access road. Abandoned wells can create safety risks and potential water quality risks if they are not abandoned properly. I recommend that this well be researched to determine if it has been properly abandoned and documented. If it has not, the properly documented abandonment of the well with DWR should be a condition of approval. 8. As always for a project this size, an approved CDPHE stormwater discharge permit must be obtained before any land clearing or grading begins. Stormwater control BMP's must be in place at the beginning of site development. The SPCC Plan will be part of the stormwater permitting requirements. All of these items should be conditions of approval. Please feel free to call me if you have questions. Thanks for the opportunity to review this application. Jim Rada Environmental Health Manager Garfield County Public Health 195 W.14th Street Rifle. CO 81650 Phone - 970-925-5200 x8113 Direct - 97D-625-638.3 Fax - 970-625-8304 Cell - 970-319-1579 jradaggarfield-caunty.cum www.gerfield-county.com 2 lin:RE O FACE I■■•.■ E N G I N E E R I N G INC. Glenn Hartmann Garfield County Building and Planning Department 108 Stn Street, Suite 401 Glenwood Springs CO 81601 EXHIBIT December 29, 2011 RE Bedrock Resources LLC — Major Impact Review File No. MIPA-7030 Dear Glenn: At the request of Garfield County (GARCO), Resource Engineering, Inc. (RESOURCE) has reviewed the land use application submitted by Bedrock Resources, LLC. The proposed project is an asphalt batch plant including office, contractor yard, material storage, equipment and machinery. I he submittal Included a spiral bound document titled "Application for a Major Impact Review — Bedrock Resources" with the application dated October 10, 2011. RESOURCE's review includes applicable technical criteria and standards in Article 4-502 and Article 7 of the GARCO Unified Land Use Resolution (ULUR). RESOURCE's comments are presented below. Sections 7-104 & 105 Potable Water Potable water for the project will come from a well drilled on the property. The data submitted regarding adequate water source does not meet the criteria in Section 7-104 for wells. The applicant needs to submit the results of the 24 hour pumping test and the water quality results. Verbal results indicate adequate water quantity and quality. The Applicant proposes to obtain a West Divide Water Conservancy District Water Allotment Contract to support a well permit application to the Division of Water Resources. The Applicant needs to obtain the WDWCD contract and a valid well permit prior to any final approval. Fire protection is provided by water in a pond on the upper bench of the property. The volume meets the applicable standards and confirmation should be obtained from the Rifle Fire Protection District that serves the project area. Section 7-106 Water Distribution & Wastewater The project will have 6 employees on site and there is a provision for an average of 6 transient employees per day. The potable water distribution system includes 1500 gallons of storage which is more than adequate for the demand. The proposed wastewater treatment is an on-site ISDS system. The proposed design appears adequate and will require a permit and approval from CARCO. Section 7-108 Access and Roadways The project is accessed from County Road 315 (Mamm Creek Road) via a new driveway. The existing driveway at the northwest corner of the property is not adequate to serve the property. The existing drive also serves an adjacent property and access to Consulting Engineers and Hydrologists 909 Colorado Avenue ■ Glenwood Springs, CO 61601 • (970) 945-6777 • Fax [970)945-1127 Glenn Hartmann December 29, 2011 Page 2 the driveway is incorporated in the new location design. However, the existing driveway access may also need to remain in place if the adjacent property owner does not agree to the new access point for their use. All interior roads meet the GARCO road standards. The existing driveway along the northerly property line provides a secondary emergency ingress/egress for the upper bench facilities. The traffic study indicates that adequate site distance for turning, entering and stopping are provided with the proposed driveway location. The left turn, right turn, acceleration and deceleration lane criteria are not exceeded and no improvements to CR 315 are required based on the traffic study and analysis. Section 7-109 Natural Hazards The HP Geotech report and analysis indicates the project is not subject to risk from geologic natural hazards. The SGM reports indicate there are no flooding or high water table issues. Section 7-203 Wetlands The applicant has submitted for confirmation from the US Army Corps of Engineers that the project is authorized under Nationwide Permit No. 14. Impacts are from a road crossing of the drainage and wetland enhancement is created by the upper pond. Section 7-204 Water Quality Protection The project will implement a State CDPHE approved stormwater management plan and a spill prevention control and countermeasure plan (SPCC) to protect water quality in Mamm Creek and the Colorado River. A Watershed District permit from the City of Rifle is required to address protection of the City's water supply. Section 7-205 Erosion and Sedimentation An appropriate and adequate erosion and sedimentation plan is included as part of the CDPHE stormwater permit. Section 7-206 Drainage An existing swale through the property is the primary drainage feature in the project. Drainage will be routed through the swale and detention storage is provided with two ponds that also function as water quality enhancement structures. The drainage plan is adequate and meets GARCO criteria. Section 7-207 Stormwater Runoff The Stormwater Management Plan is appropriate and adequate for the project. RESOURCE ENGINEERING I N C. Glenn Hartmann December 29, 2011 Page 3 Section 7-210 Natural and Geologic Hazards There are no issues with natural and geologic hazards for the project site. Section 7-212 Reclamation All disturbed areas will be revegetated. Landscaping and revegetation has been designed by John Taufer & Associates. Section 7-301, 7-810 Noise The Compatible Design standards and Industrial Use standards require noise levels to comply with State Standards. The Applicant and SGM conducted sound test measurements using the actual equipment to be installed on the proposed project. The sound tests were conducted at the Applicant's Frontier Paving site located southwest of Silt. The results indicate that unobstructed noise levels at the property line will meet State standards. The proposed site will have a storage shed and material stockpiles that will help reduce the noise at the property line and at an existing residence on adjacent property. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. Michael J. E r on, Water Resources Engineer MJEfmmm 885-79.0 :.ncRE OURCE OEM E f'. u A: L E FI I N G Glenn Hartmann From: Betsy Suerth Sent: Wednesday, December 28, 2011 3:39 PM To: Ray Sword; Glenn Hartmann Subject: RE: MIPA-703 / Bedrock Resources LLC - Asphalt Batch Plant EXHIBIT Thanks Ray for replying to Glenn. Adding to what Ray wrote, if we would like to consider a speed limit reduction, we must first work with the Sheriff to agree on a recommendation to the BOCC. As I understand it, we must have the BOCC adopt by resolution any new speed limit postings. Lou may correct me by use of the Model Traffic Code, so we would have to check with him first. Betsy Suerth Public Works Director Garfield County 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone 970-625-5921 Fax 970-625-5939 Mobile 970-987-3178 From: Ray Sward Sent: Wednesday, December 28, 2011 10:43 AM To: Glenn Hartmann Cc: Betsy Suerth Subject: MIPA-703 / Bedrock Resources LLC - Asphalt Batch Plant Mr. Hartmann — I would like to apologize for my late response to your request regarding this project. As I explained to you by phone last week, I have only been in this position since the lst of December. With setting up my office, dealing with crew issues, and all of the other "new to me" stuff, I've had little time to plant my feet firmly on the ground. I remember receiving this packet (I think on my second day as Foreman) as I was moving furniture in to my office. When I asked the person that handed it to me what it was, I was told it was some study that all the Foreman get, and dismissed it as not being urgent at the time. I'm not trying to make an excuse for not opening the packet, but at the time, I failed to notice the requested response date because of the CD covering the highlighted text. This will not happen again! That being said, I have now taken some time to review the drawings, as well as the included documents on CD. Since I have not had any interaction with you or your office in the past, I am unfamiliar with how I need to respond to your request. I hope email will suffice. The only issues I can think of that would affect R&B, are some potential drainage and traffic issues. In the past, the runoff from Eagle Springs has managed to erode and wash material out on to CR315 just south of the current access road. As a former grader operator, I have cleaned up this mess several times. This is an ongoing problem. Additionally, there are two culvert pipes that carry runoff to the west side of CR315 and on to private land. Both culverts are south of the current access road. The outlet of both pipes are just shy of the fence line, and have been eroding huge holes on private 1 property. We have had complaints regarding this issue in the past, and have used the material that comes out on the shoulder and CR315 to fill the holes. A few weeks ago, I was informed by Steve Anthony that the owner of the land had sent him an email (with pics) complaining of additional damage to his property. I have them if you're interested. I have not had a chance to address this issue with the Landowner. I would suggest placing some rip rap or something of that nature at each outlet to prevent this from happening again in the future. As for the traffic issues, I would suggest regulatory signage that would reduce the speed limit in the area of the new access road to the plant, and maybe even a couple of signs that would alert drivers of heavy truck traffic in the area. Nothing else comes to mind at this time. Again, sorry for the delay! I hope this helps. Please let me know if there's anything else I can do for you. Ray e. Garfield C'ountt. Ray Sword District 3 Foreman Road & Bridge 0298 CR 333A Rifle, CO 81650 Mobile: 970-987-2702 Office: 970-625-8601 x4311 Fax: 970-625-8627 rsword@garfield-county.com 2 r T 0 s s December 8, 2011 Garfield County Planning Office c/o Mr. Glen Hartman 108 8'" Street, Suite 401 Glenwood Springs, CO 81601 Rd: Bedrock Resources - MIPA - 7030 Dear Mr. Hartman: EXHIBIT M 3799 HIGHWAY 82 • P0, BOX 2150 WOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 0,,CEJ VE (1 • ARHHELD COUNT., a.LlQDING & PLANNING. In response to the application submitted to your planning commission for the Bedrock Resources, Holy Cross Energy maintains that we have existing overhead power lines not shown on the plat. The approximate location of these lines is shown on the attached map as a red line. Holy Cross is requesting that a thirty (30) foot wide easement dedication for the existing overhead power lines be indicated with course and distance description on the final plat. Additional power line extensions, or relocation of existing facilities, if required, are subject to the tariffs, rules and regulations of Holy Cross Energy and are dependent upon the completion of contractual arrangements and easements. If you desire any further information, please feel free to contact me. Sincerely, HOLY CROSS ENERGY Jeffrey A. Frke Utility Development Supervisor jfranke@holycross.com (970) 947-5416 jAF:vw Enclosure W/0#10-45 Franke\Harman A Tolich+r, ne Energy i( tixlvrativc Yritt-A Glenn Hartmann From: Glenn Hartmann Sent: Thursday, December 29, 2011 4:50 PM To: Glenn Hartmann Subject: FW: Bedrock Referral Comments From: Rick Barth jmaifto:rbarth@rifleco.orgj Sent: Thursday, December 29, 2011 4:13 PM To: Glenn Hartmann Subject: RE: Bedrock Referral Comments Good to hear from you to& EXHIBIT )\1 For the record, we have received their watershed permit application and it is under review. Since Resource is our Watershed reviewer of record, and they also review this for the county, we trust our joint interests will be met. At this time we have had no objections and await Michael Erion's comments. Thanks, Rick B Glenn Hartmann From: Kevin Whelan [kewhelan©riflefiredept.org] Sent: Tuesday, December 27, 2011 10:13 AM To: Glenn Hartmann Subject: Bedrock Resources -major impact review EXHIBIT Glenn, I have reviewed the documents for the Bedrock Resources LLC- Asphalt Batch Plant Major Impact Review-MIPA-7030. The following are my comments: 1. Fire Protection Water Supply: a. Calculations need to verified i. Height of buildings b. Draft height c. Wet fire hydrant vs dry hydrant d. Is 100'x50' shop the most demanding building for fire protection water? e. Design should meet Rifle Fire's guidance documents which in some cases, give further details then NFPA 1142. 2. Fueling area and petroleum products for the plant and associated activities may drive submittal of a hazardous materials declaration to Rifle Fire. This depends on the quantities. 3. Roads: a. Grades of 10% are at the upper limits of policy requirements and should be avoided where at all possible. b. Proposed Access Road does not meet the minimum width for a fire access road. More information is needed on what this road serves or will serve. Due to the holidays, I was unable to contact Jeff Simonson of SGM but I will forwarded a copy of this e-mail and all appropriate review documents from Rifle Fire Protection District that are applicable. I would anticipate with more information from Jeff, that some of the above comments would then be satisfied. His vacation lasts into the first week of January. Kevin C. Whelan Division Chief/ Fire Marshal Rifle Fire Protection District 1850 Railroad Ave Rifle, CO 81650 kewhelan@riflefiredept.org Office- 970-625-1243 ext 12 Fax- 970-625-2963 Cell -970-618-7388 " The Mission of the Rifle Fire Protection District is to Enhance Health and Safety and to Protect the Life,Home and Property of the People We Serve." Glenn Hartmann From: Adams, Karlyn [Karlyn.Adams@state.co.us] Sent: Wednesday, December 14, 2011 4:22 PM To: Glenn Hartmann Cc: Rubin, Edward Subject: FW: Bedrock Resources LLC Asphalt Batch Plan Major Impact Review application comments Attachments: 287244. pdf I EXHIBIT Glenn, I would like to update you on the Bedrock Resources MIR. Since my original email they have submitted an application for a monitoring well on the property; the permit is attached. 50 long as this well is constructed in accordance with the Water Well Construction Rules for production wells, this well could be eligible to be converted to a production well in the future. The applicant will need to submit a full production well permit application, with all applicable documentation (as described in my original email), prior to any well production taking place. Note that a monitoring well permit does allow for limited pumping for the purposes of a well production test. Sincerely, Karlyn From: Whitehead, Dwight Sent: Wednesday, December 14, 2011 2:36 PM To: Adams, Karlyn Cc: West, William Subject: RE: Bedrock Resources LLC Asphalt Batch Plan Major Impact Review application comments Karlyn, attached for your review is a copy of the permit fide for Bedrock Resources LLC, Monitoring/Observation Well, permit no. 287244. Hope it helps. Let me know if you have any questions. Rega rds Dwight From: Adams, Karlyn Sent: Wednesday, December 14, 2011 10:42 AM To: Whitehead, Dwight Subject: FW: Bedrock Resources LLC Asphalt Batch Plan Major Impact Review application comments From: Adams, Karlyn Sent: Tuesday, December 13, 2011 11:18 AM To: 'ghartmann@garfield-county.com' Cc: Martellaro, Alan; Rubin, Edward Subject: Bedrock Resources LLC Asphalt Batch Plan Major Impact Review application comments Glen, 1 We have reviewed the Bedrock Resources LLC Asphalt Batch Plan Major Impact Review application. The applicant is proposing to construct a new facility that will include an asphalt batch plant, rock crusher, stock pile areas for aggregate, and office, parking areas for their asphalt transport vehicles and other equipment necessary for the operation. This office has no record of any previous well permit on this property. The applicant is proposing to drill a new well under a well permit that would be issued pursuant to a contract with West Divide Water Conservancy District (WDWCD) in "Area K. The proposed uses for the well are for an office and shop, fire suppression and dust suppression through the filling of a pond, and landscape irrigation. This office has no record of a new well permit application being submitted either in Section 18 of Twp 6 5, Rng 92 W or by Bedrock Resources. The applicant must submit this application, with a signed copy of their contract with WDWCD and a breakdown of the proposed uses, to this office before any permit evaluation can take place. The applicant proposes that, in the event the well does not produce an adequate amount of water for the proposed uses, a second option would be to haul in water from an outside source. if the applicant chooses to take this path, any water they haul in needs to be legally available for their proposed uses. The application is not clear regarding how much, if any, water will be needed to operate the plant. The submitted water supply plan and draft well permit application do not indicate an intent to use water from the well for these purposes, nor would water be legally available if a permit was issued as currently proposed. If the applicant requires water for these operations, they will either need to include these uses in their use breakdown sheet for their well permit application and have a contract with WDWCD for enough water to cover these additional uses, or haul water to the property from an outside source that is legally available for these uses. A cursory review indicates there may be one water right located on the property. The Adolfo Spring No. 2 was decreed as an absolute water right for domestic uses in 1979 at a rate of 0.033 cfs. Though the other water rights in this decree were decreed as conditional rights and were later abandoned, I did not locate any record that would indicate this water right has been abandoned. The land owner should be aware that if this water right is not used for its decreed beneficial use, it could be subject to abandonment in the future. So long as the applicant obtains a valid well permit for their proposed uses, or hauls water from offsite where water is legally available for their proposed uses, this office has no objection to this application. Thank you for the opportunity to comment on this project. if you, or the applicant, have any questions please contact me in this office. Sincerely, Karlyn Adams, E. 1. T. Water Resource Engineer Colorado Division of Water Resources 1313 Sherman Street, Suite 818 Denver, CO 80203 (303) 866-3581 office (303)866-3589 fax 2 SCHMUESER 1 GORDON MEYER ENGINEERS6 EXHIBIT Q 'SURVEYORS December 29, 2011 Mr. Glenn Hartman, Planner Garfield County Building and Planning 109 81h Street Glenwood Springs, Colorado 81601 RE: Submittal Clarifications Bedrock Resources, Incorporated Dear Glenn, I 18 WEST SIXTH STREET, SUITE 200 GLENWOOD SPRINGS, CO 8160 I 970.945, 1 004 970.945.5948 FAX At your recommendation, we are providing this letter on the behalf of Bedrock Resources to provide clarifications and answers to two of the pieces of correspondence that you have received from your referral reviews of the Bedrock Resource application for a Major Impact Review. I have "cut and pasted" the two email correspondences that you received. Please note the emails and responses as follows: Jim Rada e-mail Hi Glenn, I promised, I have reviewed the above referenced application and have a few comments. 1. Although the information on the CDPHE Air Quality Permits may ultimately be similar to that of the current Frontier Paving location, in order to move a stationary facility like this, the applicant must undergo a complete CDPHE APCD permit application process including submittal of an APEN, obtaining a Construction permit and, once operational, obtaining an operating permit. The MIPA implies that the only thing changing is the location, therefore obtaining a new permit should be relatively simple. I have consulted with CDPHE about this MIPA and my understanding is that because the current facility is classified as a Synthetic Minor Source for purposes of their operating permit, the new location may require some level of cumulative impact modeling, particularly because of the relatively close proximity of the new site to a number of existing industrial sites that are permitted by CDPHE APCD. I strongly recommend that the operator be encouraged to initiate the Air Quality Permitting process soon and that they be required to obtain a Construction permit before the land use change is approved, or at least before any site construction can begin. The applicant can contact Marley Bain at CDPHE, 303-692-3253 with specific questions regarding this matter. 10 1 FOUNDERS PLACE. UNIT 102 103 WEST TOMICHI AVE. 573 WEST CRETE CIRCLE 320 THIRD STREET PO Box 21 55SUITE A BUILDING V , Suite 205 MEEKER, CO e 1 64 1 ASPEN, CO 8 1 61 I GUNNISON. CO GRAND JUNCTION, CO 81 605 970.875.51 80 970.925.6727 970.641.5355 970,245.2571 970.678.4181 FAx 970,925.41 57 FAX 970.641 .5358 FAx 970.245.287 V FAx SCHMUESER GORDON ; MEYER ENGINEERS 15 U R V E Y© R S After looking more closely into this matter, Bedrock Resources has determined that the existing permit is for a portable plant and is preparing the application for the permanent plant at the new location. As the plant is being moved from its current location to the new, the information necessary for the APEN is analogous to the information previously provided in the application. The application should be submitted to CDPHE by the end of this year. We will "cc" you a copy of the application when it is submitted. We would recommend that any motion to approve our application contain a condition stating that the asphalt plant cannot commence operation without providing the planning department a copy of the APEN for this site. 2. There is not much information about fugitive dust mitigation. If this is adequately covered in the CDPHE permit, that is good. But 1 recommend that the County also have a COA that give the BOCC strong authority to require stringent dust mitigation, especially in light of proximity to the airport, nearby residences and highly used heavy haul roads in the area. As part of the best management practices for this project and as part of the on- going operations for the project into the future, Bedrock Resources is committed to and will exercise mitigation techniques for fugitive dust. As with their current operations, Bedrock Resources has the equipment and personnel to employ proper fugitive dust mitigation during both construction and operations. 3. The potable water system sizing is based on 12 on-site employees. There is no mention of transient users(r.e. truck drivers). 1 believe that CDPHE would include potential transient users in the determination of whether the water supply would be considered public or private. 1f there are 13 or more transient potential water users per day for at least 60 days per year than this water system may be considered a regulated public water supply. 1 strongly recommend that the applicant be required to research this matter with CDPHE and provide proof that they meet all regulatory requirements before approval of the land use permit. They can contact Erica Kanely, 303-692-3543 to gain clarity on this matter. The water system has been "oversized" based upon the current and proposed staffing of the facility. Currently, the operations for Frontier Paving include 4 persons in the office and 2 persons operating the asphalt plant and shop. Therefore the total daily person at the site would be 6. The six personnel are to be the primary users of the water and wastewater systems. The seasonal employees (of which truck drivers are included) for this business, being that of a paving company, report directly to the "job sites". Only periodically do they visit the office and plant to pick up or drop off equipment. Bottled water and water coolers such as "Deep Rock" are provided for these employees. Regardless, the additional 6 employee count considered in the design is to offset any additional transient use or guests that may visit this site. As a matter of drawing comparisons, the 6 additional full time office personnel that has been considered in the design of the septic system, as an example, would result in 90 gpd, on SCHMUESER GORDON ! MEYER ENGINEERS SURVEYORS average, or an additional 135 gallon daily design flow. With the 1 gallon flush toilets, the would essentially result in 135 additional "flushes" allowed in the design of the water and wastewater systems. 4. I am not sure if CDPHE allows hauled water for a permanent water supply. If this water system is ultimately determined to be a private water supply system and if water hauling is allowed by Garfield County, I recommend that the applicant be required to only utilize the services of a water hauler that meets the CDPHE requirements for water haulers and that the applicant be required to follow similar requirements to those required under the Minor Temporary Housing Facilities in the Garfield County land use regulations. As you are aware, since submittal of the application, the applicant, Bedrock Resources has contracted with Shelton Drilling to drill a well on site. A monitoring well permit has been applied for and the well has been drilled. Recent verbal discussions with Mr. Shelton have indicated that the well has been flow tested to a production rate in the range of 3 gallons per minute. This is more than what is necessary for the water demands for this site (per our previous calculations submitted). As Mr. Shelton completes his well drillers report, the applicant will forward such to you for your records and review. Development of the well, as discussed in our water report, as a water supply in lieu of hauling will be the method of providing water to this site. 5. The ISDS design in the Land Suitability Analysis is also based on a flow generated by 12 employees. This number may need to be reevaluated should CDPHE (and Garfield County) consider the potential number of system users to be a number greater than 12. In addition, the ISDS design would also need to be altered appropriately if larger anticipated sewage flows are determined. See our comments under item 3., above. 6. There is no documentation detailing how the "sound survey" was conducted. I believe that the hand written notes are inadequate and that a properly conducted noise study be required. As mentioned in our report of November 18, the sound survey was performed using a sound meter to evaluate the level of "line of site" noise generated from the very same equipment that will be used at this site. The purpose was to measure the threshold of sound that exists from the plant at distances equivalent to the adjacent residential properties. If it were determined that the various pieces of equipment were "too noisy" at the property line, then mitigation would be necessary. As a result of the sound measurements, it is noted that the noise levels are below regulatory limits. As this appears to have remained a concern of staff, more information was provided to you on December 22, which identified a cross section of the site from the asphalt plant to the adjacent property and the SCHMUESER GORDON ; MEYER ENGINEERS6 SURVEYORS residence itself. By line of site alone, un -mitigated, the noise generated from the site is reduced to 42 dB from distance alone. The cross section further identified that between the plant and the residence will be the recycled base stockpiles and the equipment storage buildings, each of these would serve to further provide a sound barrier for noise from the plant to the adjacent. Given these efforts and determinations, we do not believe that further study is warranted. We do note that the residence is in the direct line of flight from the airport and the noise of the aircraft landing and taking off from the airport exceed the noise limits imposed by the state. We only mention this to question the "residential" standard by which to reduce noise to (which is met for the asphalt plant) as this standard has already been compromised. 7. Page 3 of the Land Suitability Analysis indicates that there is an abandoned well near the second access road. Abandoned wells can create safety risks and potential water quality risks if they are not abandoned properly. l recommend that this well be researched to determine if it has been properly abandoned and documented. if it has not, the properly documented abandonment of the well with DWR should be a condition of approval. Since the application has been submitted, and drilling the well has been performed, further research into what was thought to be an abandoned well actually turned out to be an old clean out from the past residential use. This cleanout was for the old septic system. The well was drilled well away from this site (meeting set back requirements for ISDS regulations). S. As always for a project this size, an approved CDPHE stormwater discharge permit must be obtained before any land clearing or grading begins. Stormwater control BMP's must be in place at the beginning of site development. The SPCC Plan will be part of the stormwater permitting requirements. All of these items should be conditions of approval. These are all proposed activities with this project and we concur with the recommended conditions of approval. Kevin Whalen's (Rifle Fire Protection District) e-mail: Glenn, 1 have reviewed the documents for the Bedrock Resources LLC- Asphalt Batch Plant Major Impact Review-MIPA-7030. The following are my comments. 1. Fire Protection Water Supply: a. Calculations need to verified Height of buildings - The maximum height of the buildings are noted on sheet 3 of the drawings for each building. 6 SCHMUESER GORDON MEYER E N G I N E E R S SUPVEYORS b. Draft height — Per our discussions with Kevin, the draft height of the dry hydrant from the pond needs be 10' or less. The finish grades of the hydrant supply line and hydrant location will be identified to accommodated this. c. Wet fire hydrant vs dry hydrant — Both. A wet hydrant near the office and a dry hydrant near the shop. d. Is 100560' shop the most demanding building for fire protection water? Per our report, yes. e. Design should meet Rifle Fire's guidance documents which in some cases, give further details then NFPA 1142. -Noted 2. Fueling area and petroleum products for the plant and associated activities may drive submittal of a hazardous materials declaration to Rifle Fire. This depends on the quantities. — The applicant is filling out the form as required. 3. Roads: a. Grades of 10% are at the upper limits of policy requirements and should be avoided where at all possible. Noted and done. There are 10% grades, however, the intent was to locate these grades in straight sections of road and not in curves. b. Proposed Access Road does not meet the minimum width for a fire access road. More information is needed on what this road serves or will serve. After communicating with Kevin, he thought that the existing driveway was proposed for use with this project. It is not...and he is correct, it does not meet the width requirements (amongst other design parameters) for fire access. I hope this letter helps to address concerns and questions raised with these two referral comment e-mails. Upon your receipt and review, if you have questions, please don't hesitate to call. Respectfully, S J GORDON MEYER, INC. Pring p-1 5. onson, PE, CFM BEDROCK RESOURCES, INC NOISE SURVEY MEASUREMENTS, LINE OF SITE 50 92 MEASURED 75 88 MEASURED 100 87 MEASURED 125 85.0 150 83.0 175 81.0 200 79.0 225 77.0 250 75 MEASURED 275 74.0 300 73.1 325 72.1 350 71.2 375 70.2 400 69.3 425 68.3 450 67.3 475 66.4 500 65.4 525 64.5 550 63.5 575 62.5 600 61.6 625 60.6 650 59.7 675 58.7 700 57.8 725 56.8 750 55.8 775 54.9 800 53.9 825 53.0 850 52 MEASURED 875 51.0 900 50.1 925 49.1 950 48.2 975 47.2 1000 46.3 1025 45.3 1050 44.3 1075 43.4 1100 42.4 Line of Site Noise From Load Gates v 0 0 0, 0 CO 0 0 0 eD saIq!3aa 0 0 Cr) 0 cv 0 °Q 0r go Qs QS 00 QQ s Distance from Load Gates, Ft. i ■■ N S Ni NEM 011._ MEM in 91 - Li fi IMIE • !11LiirIri1!'. �■ ■iii:■: : :■U ■. BE • it■ MINE ■■ • �; ME ■■:■■ ■::■i■■... �i -t .' Ira • ■■�.■■■■■ i■ r�■i: ■ ■ -` I� • ;. ■ ■ ::E: ,,. ■ ■ ■� .iff :�j ■: : .. ■ • II .■ a ■N�..r.....ur N■ ■ NU ■ . ■ /■ ■■ .... �■■1`■ #■■ ir� %ilii: sem: ■■ .■■ ; EN ■ Ilin III ■■MEM ■ ■ ■■ :ii : •■ TM= :r ■' NENE E IN II ���NN■:■ ■ t. 1■i■::: ! i■ I 41- ■ ■ I : f- ■■ U• I :: ;■■ - ■■ :���■■■ ■■_ ..■i • :■ :■ ■tea: • • ■. ■ ■■RN• ■■ :1 1 :all v 0 0 0, 0 CO 0 0 0 eD saIq!3aa 0 0 Cr) 0 cv 0 °Q 0r go Qs QS 00 QQ s Distance from Load Gates, Ft. sr 6 #1-46.15 6[965 rigs row fY1mFa +'YYlri C'69LL rLTV rrts ost OWLS srss ergrsc ern [I 0%S saris ffizas a ran w IFISC t rre6sr r6Zi 1019 Cty. Rd. 31 I • New Castle, CO 81647 December 28, 2011 Marley Bain Colorado Department of Public Health and Environment Air Pollution Control Division — APCD — SS — B1 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 RE: Permit No: 070A0457 Dear Marley, (970) 876-0916 Fax: (970) 876-091k EXHIBIT The request for a modification of our existing permit is because of a future plant relocation. We have purchased a parcel of property of approximately 35.72 acres located approximately 1/3 mile south of the 1-70 interchange east and adjacent to County Road 315 (Mamm Creek Road) and 1/3 mile due east of the Garfield County Airport in Eagle Springs Ranch in Section: 18 Township: 6 Range: 92. We are not changing the asphalt plant in any way. The relocation depends upon approval by Garfield County through a Major Impact Review. The timing of the relocation depends upon the date of approval and the site construction schedule. Upon approval of this APENS, please don't cancel our current permit until we are ready to relocate. We will forward the address of the new location as soon as we acquire it. 1 have enclosed a survey map and our overall proposed site plan. Sincere] y, thCharles El sworth President • Colorado Department of Public Health and Envirorunent Page of 4 Air Pollution Control Division - HOT MIX ASPHALT PLANTS - Air Pollutant Emission Notice (APEN) — and — Application for Construction Permit Check all that apply: 0 New Facility Transfer of Ownership Q No Change, APEN Update Only Q Change in i -IMA Production gRequcst Modification to Existing Permit All sections of this APEN and application must be completed for both new and existing facilities. An application with missing information (with the exception of Section 6) will be determined incomplete and returned to the applicant and may result in longer engineer processing times. For transfer of ownership or company name change of a permit, you must also submit a Construction Permit Application form. For questions regarding this APEN, please consult the Division's APEN Guidance Document. Permit Number Company Name: Plant Location: Billing Address: Person to Contact: E-mail Address: 076-A o s''7 a AIRS Number OL 5/ 0333/ CJ CD3 1411 ICt5+anf �Qa� `l f A.12.a7 Ccx_s f aco /0129 �'n... n * ttQt3at1) �l N •, Ca- S(72.10r4_8)6 &I6, �1�r1�_�1t15�r7d� C ries [,�`lCs era t,'ar�t]�yl.`nu� ,'n1C. Corn Signature of Legally Authorized Person (not a vendor or consultant) l k a -t- 6) Lxlr,r 1-j ' Name (please print) SECTION 1: General Information County:e /CO Zip Code: g ! 6 y lj Phone Number. Fax Number: T)0 o�i� 9r)D -g' - )2 -2S -a. Date /° Title Will this plant be used as a Stationary or Portable Source?: Stationary E Portable (A portable plant may only remain a a single location or less than 2 years.) Please provide initial or present location: if facility is portable, please provide home -base location: /014,1 3/1 Ca, s1''ic Co). . 876 With this application, you must submit a site map, drawn to scale, which shows the on-site haul roads, public roads, property boundary, fence boundary, aggregate storage bins, HMA processing equipment, and storage silos and tanks. Total Area of Site -.•'411--- Acres Shortest Distance from HMA plant to property boundary: 3 C 0 Feet Was this hot mix asphalt plant constructed, modified, or reconstructed after June l 1, 1973? If facility is NOT yet constructed: What is the projected installation date? What is the projected start-up date? ` V�A rf/tel P.072- .01raj 2i r2.. Normal Operation of this Source: 1 02 Hours per day 6 Days per week es Seasonal Throughput (% of Annual): Dec - Feb ! * d„..,; - May 1i z, /o June Aug No 3 g Weeks per year 35 gr8 Sept - Nov j f %b Revised October 2005 http://www.cdphe.state.co.usiapldownloadforms.html You can track the status of your application at: http:liwwwcdphe.state.co.usiaplssrsspcpt.HTMI. Colorado Department of Public Health and Environment Page 2 of 4 Air Pollution Control Division - HOT MIX ASPHALT PLANTS - SECTION 2: Equipment Information Plant Type: ❑ Drum Mix Parallel Flow Plant Design Rate (Maximum Capacity per Hour) lk"{ Drum Mix Counter Flow 0 Batch Mix Plant 3 0 0 Tons per Hour (finished product) Maximum Burner Design Rate: 7s_ Million BTU per Hour Make haSCo I/Jl act 5Q,) Model C FAN - 2.50 Burner: Make /4 t_ u C Model LW Sr- 3a Serial P4 N r# C 0,1c) (3 0 Drum Mixer: serial 3)5 3 9 SECTION 3: Equipment & Product Information Aggregate mix is; 0 10[3% virgin asphalt or, Contains recycled asphalt Max percent of recycled asphalt product in the mix: a, 0 n Citrin*+i1 uS,rvS /oo 4% U urg :IV CA1,r4341-C Note: Percent recycled asphalt may become a permit limitation. Production of Hot Mix Asphaltic Concrete: HMA Temperature Range: Requested Annual Pennit Limit: Requested Daily Permit Limit: Actual Level From Calendar Year: Year For Which The Actual Data Applies: Lime or Mineral Filler Storage Silos: Requested Annual Throughput: .2. 'a Tons per Year What Type of Air Pollution Controls Are Used for Storage Silo(s)? i3a F. l e r r go -3.20 ° F(i.e. 320- 340 F) /2o bot, Tons (This Will Become A Permit Limitation) ..?,5-0 0 Tons (This May Become A Permit Limitation) 5.,2, S Tons/Ycar d j ( (i.e., 2001) Fuel Information For Hearing The Asphalt Cement Storage Tanks: Type of Fuel Used: Capacity of tank: Design Heat Input Rate: Plant Slack Emissions; Primary Control Diesel ❑ Natural Gas 301. 000 Gallons 82E'. coo BTU per Hour Type of Control Device: o , Manufacturer 434 f iiQr f� a Model 0 Other: No. of Tanks: 1 (bag filter, bin vents, etc) (Baghouse, Scrubber, etc,) CE- i50 Secondary Control (if applicable) Type of Control Device: Pr to a r 43 Co J)f c c, for Manufacturer S+c Ad S ;pQ i3 Model J 0 - Serial C E- i so HMA Silo Filling Capture and Control System: Type of Control Device: Q Manufacturer SECTION 4: Stack Information Model Cyclone, etc.) Serial --- x 21,-1\ (Mist Eliminator, Return Air, etc.) Serial Stack Height: 31q1.58. Feet (Above Grade) Stack Diameter: L)g. " - Feet (Above top of baghousc ) Stack Temperature: ) 9 G F Stack Moisture Content: 1 1 % Stack Flow Rate: 3.4495 ACFM Stack. Velocity: 'yV.Ff/3e(4 Feet per minute c�cC]• � I• Feet r) 1 X .2,T) Revised October 2005 -T- -'kr; -Cron.. 534.Lk Tear '_ act'? hrtp:Nwww.cdphe . state. co. us/ap/downloadforms. htm i You can track the status of your application at: http://www.cdphe.state.co.usfaedss/ssecpt.HTML Colorado Department of Public Health and Environment Page 3 of 4 Air Pollution Control Division - HOT MLX ASPHALT PLANTS - SECTION 5: Fuel Information Burner Fuel Type(s): Primary Fuel Type; (check all fuels for which approved is requested) ❑ Diesel (No. 2 FueI Oil) 0 Propane POn-Specification Industrial Oil in compliance with 40 CFR Part 279 Natural Gas ❑ Other: Backup or Alternative Fuel Type (if applicable, check allfuels for which approval is requested): i, Diesel (No, 2 FueI Oil) 0 Propane © On -Specification Industrial Oil in compliance with 40 CFR Part 279 ❑ Natural Gas 0 Other: SECTION 6; Air Pollution Emissions Information (optional) POLLUTION CONTROL EQUIPMENT L Year For Which The Actual Data Applies: , 0 11 Overall Collection Efficiency Estimated Emissions (tonsiyr) at throughputs requested above Actual Emissions from the data near Estimation Method Pollutant Type of Control Equip. Primary Secondary Controlled. Uncontrolled Particulate '3- 9 1.1 l )c 3.$ L�� ,r.65\tr .._1 r P-10 ( 3.S I. 5,x a ''' �' NOx 3.3L ©.S1 l_ r VOC A .O Co Pi.1 G.1.2 ‘..Y.Q —3°' Please use APCD Non -Criteria Reportable Air Pollutant Emission Notice Addendum form to report emissions of pollutants not listed above, such as Hazardous Air Pollutants from fuel combustion. SECTION 7: Fueitive Dust Emission Sources What Type of' Pollution Controls Are Used for Aggregate Storage Piles? Lid eviler- rrt4ck rV& 1°,e.YsaNen'' 62rrrtS (Emissions controls for storage piles may include, but are not limited to: Full or Partial Enclosures, Pre -Washed Aggregate, etc.) What Type of Pollution Controls Are Used for Aggregate Storage Bins? 117aN2 (Emissions controls for storage piles may include, but are not limited to: Full or Partial Enclosures, Pre -Washed Aggregate, etc.1 On-site moving of aggregate from storage piles to storage bins Loader 1 7 Haul Vehicle Capacity: Haul Vehicle Empty Weight: Max Number of Trips Per Day: Haul Road Length (avg. one way): Posted Speed Limit On haul Road: !g 35'7 %o List Air Pollution Controls Used for the On -Site Haul Roads: ❑ Paved Surface Watering Graveled Surface Et Chemical Stabilizer — Type: Amount applied per year: Revised October 2005 Loader 2 Loader 3 ❑ Systematic — Frequency: a As Needed !Yj Ch f tj p jt (e.g. mag chloride, resift, etc.) /Ui?DN JJnneS Tons Tons Feet Times Per Day http //www.cdphe state.co.uslap/downtloadfotrtts.#rtrtti You can track the status of your application at: httn://www.cdphe.state.co.usiap/ss/sspcpt.HTMI_ Colorado Department of Public health and Environment Air Pollution Control Division - HOT Mix ASPHALT PLANTS - Page 4 of 4 Transport of aggregate to the site from an off-site location (if the facility is not located at an aggregate mine). Amount of aggregate + RAP received: ! 50 Tons per day & /50 ooh Tons per year. Haul Vehicle I Haul Vehicle 2 Haul Vehicle 3 2. Tons J'7 f r-7 Tons /.2 r2. Haul Vehicle Capacity: Haul Vehicle Empty Weight: Max Number of Trips Per Day: Haul Road Length (avg. one way): Posted Speed Limit On Haul Road: 30 List Air Pollution Controls Used for the On -Site Haul Roads: Q Paved Surface • Graveled Surface Chemical Stabilizer - Type: Amount applied per year: Removal of hot mix asphalt from the site. Haul Vehicle I or )14 Haul Vehicle Capacity: Haul Vehicle Empty Weight: Max Number of Trips Per Day: Haul Road. Length (avg. one way): Posted Speed Limit On Haul Road: Watering 0 m.p.h. Systematic - frequency: As Needed /11 c C l 1 o t. W r0R (e.g. mag chloride, resin, etc.1 G 000 5,11/0^0 Feet Times Per Day it ilaul Vehicle2 /7 I Lf ?zoo 3..2no Haul Vehicle 3 Tons Tons Feet List Air Pollution Controls Used for the On -Site Haul Roads: O Paved Surface Watering O Graveled Surface 0 Systematic - Frequency: Times Per Day As Needed Ala Chemical Stabilizer - Type: Q,g �^ i o r ; (e.g. mag chloride, resin, etc.) Amount applied per year: _ 6 OO on 1 t o nJ Please chock if you would like to review a draft of the permit prior to issuance (Checking may result in an increased fee andfor processing time) This notice is valid for five (5) years unless a significant change is made, such as an increased production, new equipment, change in fuel type, etc. A revised APEN shall be filed no less than 30 days prior to the expiration date of this APEN form. Send this form along with $152.90 to: Telephone: (303) 692-3150 Colorado Department of Public Health and Environment Air Pollution Control Division - APCD-SS-B1 4300 Cherry Creek Drive South Deaver, CO 50246-1530 Revised October 2005 http:lfwww.cdohe.state.co.ustapidownloadforms.html You can track the status of your application at: http:!'www.cdphe.state.co.ustapississpcpt.HTML FedEx NEW Package Express US Airbil! rseu VuYw 48755 8238 5630 r Y t.Tr'-,- 0215 t from Akareprkdrandprssskant 4 Express PackageServicc Senders FedEx no r,;.-„e,s Sete '1 Accoulilmher •,. , � , ,r .•-;•: PlesithisiedeieDeS Sender's J + J _ FedEe New ) r 1v_..s • J 1 s [c3 a r- *4, Phone I r Ci I rR` ? A•'•• —CP:y-1 ti L1 ,est Overnight t.rroy talar "'Tor .�.r.r...,a s.1uFranx CO./ 4. o.:.ew v , FedEx Priority Dwe,n4ght Camoerrr <'�ti IP1 r FF r-�,v ! ;4,7? : ' S iG _I depend on di edmat.wYWtta 5.11LWIIAI'6edrmy a.wwa ..r Ci -..r ,i x FedEx Standard Overnight Address ? :� i A ,'".. 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J HOLO Saturday I--� F.eE.evanI110.114.1gAgle OHM* oa.em I� �c1.1 trynJt,]z f` stats Cif, ZIPSOLj 153D 043617E3924 The FedEx US Airbill has changed, See Section 4. Far shipments over 450 ,bs-, order the new FeaiEx Express Freight US Airbih. PAY TO THE ORDER OF FRONTIER PAVING, INC. UUP. -['i ROAD 3'_ 1 NEV.` CASTLE.. CQLl7FRA DO 8154 7 (970) 875.0916 CO 10 ria Direct Srgnanne 1 Sawa. NINcO xiadrFm. 1r, pp rosww.r.+w. Dare the. eupnea contain dangerous goads? Yes No .�cn.d Ses+�.n9reur.... n. r•`.er xur--4a`m `"'aa-.m,..r.�.. w.vugre Indirect Sipnee re ea. r».0 e.d.ees,e dtt .e..e.. .,.a.r..w rearm t daW�toi*eve Fa rawfmlial c dr�c4alur.iw :' Cargo Airr,rafOnly 7 Payment ger ox NI s.sm �Priebselel Wee= Pe c+aae u err due tea a. a Cede ere r6ralere Recipient :_! Thud Party CredeCard u CashlEhack es, ass Total Packages Total Weigle Total Declared Value TImmoY aneeco Simw.0 ou 044de arpiW 1M114.bub,ngp . udeexeg+al.Fee n.i lea* os Wage w....+a+a. nrPW eI.Y.AI W nN awn rd.5...e. eue..de.r.... et L ffi aw eta le •hnnnrx.e,*.-ta,ar.eFt•..WFPO in 5.4 sas Wells Fargo Bank, N.A. 23.7.102© � r trY. renewer O..a 12-25-11 611 Ds p2 r fir„ end- Cirr 1-71,2c/./Y-4k, c. ,.� /t ]1 l I [J id dr $ 'G • O rs e Reser Q i rS MEMO A- P& I1.7 AVTrdGRCZW SIGMA IRE 275"54 DOLLARS 8 PO t: 10 200007Si: 8633?76SL,00 Bedrock. Resources LLC. 1014 County Road 311 New Castle, Colorado 81647 December 30, 2011 Vee Stewart Federal Aviation Administration Southwest Regional Office 2601 Meacham Boulevard Fort Worth, TX 76137 RE: Aeronautical Study No. 2011-ANM-2945-OE Dear Vee; EXHIBIT 5 After having received your letter dated 12/22/2011 and talking with you today, Bedrock Resources LLC. is proposing to reduce the height of the proposed structure by 4 feet and lower the existing ground elevation by at least 12 feet. This would in effect cause the Lime Silo to be at or below 5631 feet above mean sea level. Our Civil Engineer is working on the modified grading plan currently. Sincerely; Charles Ellsworth, Manager ERA ERO Resources Corp. scES C Denver 1842 Clarkson Si. Denver. CO 80218 303.830 1 188 Boise 3314 Croce St. Boise: 11) 83703 208.373.7983 Durango 106.5 Main Avenue Durango. CO 81301 970.422.2136 Western Slope P.0 'Box 932 161 South 2,0 Si Hotchkiss, CO 81419 970.872 3020 www. e rores ou rtes .carr EXHIBIT November 7, 2011 Ms. Carrie Sheata U.S. Army Corps of Engineers Western Regulatory Office 400 Rood Avenue, Room 14 Grand Junction, CO 81502 RE: Frontier Paving Facility Road Construction PCN Dear Ms. Sheata: On behalf of Schmueser, Gordon, Meyer (SGM), we request verification of the attached wetland delineation, as well as verification that the Frontier Paving Facility new road construction is authorized under Nationwide Permit 14 for linear transportation projects (72 Fed. Reg. 11182, March 12, 2007). The impacts will result from activities associated with new road construction in Garfield County, Colorado. The project is located approximately 0.3 mile south of the I-70 and County Road 315 (Mamm Creek Road) interchange in Garfield County, Colorado. The center of the project is Section 18, T6S, R92W, Sixth Principal Meridian, UTM Zone 13, 267720mN, 4378603mE, Garfield County, Colorado (Figure 1). Included are a wetland delineation report, pre -construction notification form, a site map, aerial overview, wetland determination data forms, photo log, and preliminary jurisdictional determination form. If you have any questions, please do not hesitate to call me at (970-872-3020). We look forward to hearing from you. Sincerely, Aleta S. Powers Principal, Natural Resource Specialist Enclosures CC Schmueser Gordon Meyer <:ansullonis.in Not urpl Resources and the Environment U.S. Army Corps of Engineers South Pacific Division Nationwide Permit Pre -Construction Notification (PCN) Form This form integrates requirements of the Nationwide Permit Program within SPD. including General and Regional Conditions. Please consult instructions prior to completing this form. Box 1 Project Name Frontier Paving Facility Applicant Name Jeff Simonson (MIGHT WANT TO CHANGE TO OWNER) Applicant Title Applicant Company, Agency, etc. E-mail Address Schmueser, Gordon, Meyer Mailing Address Applicant's internal tracking number (if any) 118 West 6th Street, Ste 200 I hereby authorize the above named authorized agent to act in my behalf as my agent in the process ng of this application and to furnish, upon request, supplemental information in support of this permit application. I understand that I am bound by the actions of my agent and I understand that if a federal or state permit is issued, I, or my agent, must sign the permit. Glenwood Springs. CO 81601 Date (m/d/yyyy) Work Phone with area code Home Phone with area code Fax # E-mail Address 970-945-1004 970-945-5948 JeffS@sgin-inc.com Relationship of applicant to property: ElOwner Purchaser FiLessee j( Other: Application is hereby made for verification that subject regulated activities associated with subject project qualify for authorization under a Corps nationwide permit or permits as described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief, such information is true, complete, and accurate. I further certify that 1 possess the authority to undertake the proposed activities. I hereby grant to the agency to which this application is made, the right to enter the above-described location to inspect the proposed, in -progress or completed work. I agree to after all necessary permits have been received. start work only Signature of applicant Date (mfd/yyyy) Box 2 Authorized Agent/Operator Name and Signature (if an agent is acting for the applicant during the permit process) Agent/Operator Title Agent/Operator Company, Agency, etc. Mailing Address E-mail Address Work Phone with area code Home Phone with area code Fax # Cell Phone # I hereby authorize the above named authorized agent to act in my behalf as my agent in the process ng of this application and to furnish, upon request, supplemental information in support of this permit application. I understand that I am bound by the actions of my agent and I understand that if a federal or state permit is issued, I, or my agent, must sign the permit. Signature of applicant Date (m/d/yyyy) Page 1 of 22 Revised January 3, 2006. For the most recent version of this Form, visit your Corps District's Regulatory website. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete, and accurate. Signature of authorized agent Date (mfdlyyyy Box 3 Name of property owner(s), if other than applicant: CHARLES ELLESWORTH/FR©NTIER PAVING Owner Title Owner Company, Agency, etc. Mailing Address Work Phone Home Phone Box 4 Name of contractor(s) (if known): Contractor Title Latitude & longitude (D/M/S, DD, or uTM):39.5257, 107.7024 Contractor Company, Agency, etc. Mailing Address Section, Township, Range: S18, TGS, R92W Work Phone 1 Home Phone Include multiple topies of Box 5 for separate sites. Box 5 Site Number 1 of 1. Project location(s), including street address, city, county, state, zip code where proposed activity will occur: Waterbody (if known, otherwise enter "an unnamed tributary to"}: An unnamed tributary to Mamm Creek Tributary to what known, downstream waterbody:Mamm Creek Latitude & longitude (D/M/S, DD, or uTM):39.5257, 107.7024 Zoning Designation (no codes or abbreviations): Assessors parcel number: Section, Township, Range: S18, TGS, R92W USGS Quad map name: Silt Watershed and other location descriptions, if known: Colorado headwaters -Plateau 14010005 Directions to the project location: The project area is located approximately 0.3 mile South of the I-70/County Road 315 interchange off of County Road 315. Page 2 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. Nature of Activity (Description of project, include all features, see instructions): This PCN is for construction on a new road on private property. Project Purpose (Description the reason or purpose of the project, see instructions): New road construction for a new asphalt facility. se Box 5 if dredged and/or fill material is to be discharged: Box 6 Reason(s) for Discharge into waters of the United States: Road Construction Type(s) of material being discharged and the amount of each type in cubic yards: Road base and clean fill dirt (11 cy) Total surface area in acres of wetlands or other waters of the U.S. filled (see instructions): 0.007 acres Indicate States, in ACRES and LINEAR FEET (where appropriate) the proposed impacts to waters of the United and identify the impact(s) as permanent and/or temporary for each water body type listed below: Permanent Linear feet Temp Acres ❑ rary Linear feet Water Body_Type ADres Wetland 0.007 Riparian streambed Unveg, stream ed Lake Ocean Ot er Total: 0.007 Potential indirect and/or cumulative impacts of proposed discharge (if any): none Required drawings (see instructions): Vicinity map: VI Attached (or mad copy separately To -scale Plan view drawing(s): < Attached To -scale elevation and/or Cross Section drawing(s): if applying electronically) (or mail copy separately if applying electronically) (or mail copy separately if applying electronically) kl Attached Page 3 of 22 Revised January 3, 2006. For the most rc ent version of this form, visit your Corps District's Regulatory website. Has a wetlands/waters of the U.S. delineation been completed? Yes, Attached (or mail copy separately if applying electronically) [1 No 114 If a delineation has been completed, has it been verified in writing by the Corps? nYes, Date of approved jurisdictional determination (m/d/yyyy): Corps file number: ❑ No Please attach' one or more color photographs of the existing conditions (aerials if possible). for mail copy separately if applying electronically Dredge Volume: Indicate in CUBIC YARDS the quantity of material to be dredged or used as fill: N/A Indicate type(s) of material proposed to be discharged in waters of the United States: Clean fill dirt For proposed discharges of dredged material into waters of the U.S. (including beach nourishment), please attache a proposed Sampling and Analysis Plan (SAP) prepared according to Inland Testing Manual (ITM) guidelines (including Tier I information, if available). 2or mail copy separately if applying electronically Is any portion of the work already complete? fl YES rt0 NO If yes, describe the work: Box 7 Intended NWP permit number3: 14 Intended NWP permit number (2"): Intended NWP number (3'a): 3 Enter the intended permit type(s). See NWP regulations for permit types and qualification information htt : www.usace.arm .mil inet functions cw cecwo r nationwide ermits.htm . Box 8 Authority: Is Section 10 of the Rivers and Harbors Act applicable?: ❑ YES 11.4 NO Is Section 404 of the Clean Water Act applicable?: gl YES ❑ NO Box 9 Is the discharge of fill or dredged material for which Section 10/404 authorization is sought part of a larger plan of development?: ❑ YES i► f NO If discharge of fill or dredged material is part of development, name and proposed schedule for that larger development (start-up, duration, and completion dates): Location of larger development (If discharge of fill or dredged material is part of a plan of development, a map of suitable quality and detail of the entire project site should be included): Total area in acres of entire project area (including larger plan of development, where applicable): Page 4 of 22 Revised January 3.2006. For the most recent version of this form, visit your Corps District's Regulatory website. Box 10 Threatened or Endangered Species Please List any federally -listed (or proposed) threatened or endangered species or critical habitat within the project area (use scientific names (e.g., Genus species), if known): a. NIA b. c. d. e. f. Have surveys, using U.S. Fish and Wildlife Service/NOAA Fisheries protocols, been conducted? ❑ Yes, Report attached (\or mail copy separately if applying electronically OD No if a federally -listed species would be impacted, please provide a description and a biological evaluation. ❑ Yes, Report attached (or mail copy separately if applying electronically) ❑ Not attached Has the USFWS/NOAA Fisheries issued a Biological Opinion? Yes, Attached (or mail copy separately if applying electronically) • No If yes, list date Opinion was issued (m/d/yyyy): Has Section 7 consultation been initiated by another federal agency? Yes, Initiation letter attached (or mail copy separately if applying electronically) l No Has Section 10 consultation been initiated for the proposed project? 1 _1 Yes, Initiation letter attached (or mail copy separately if applying electronically) 0 No Box 11 Historic properties and cultural resources: Please list any historic properties listed (or eligible to be listed) on the National Register of Historic Places: a. NIA b. c. d. e. f. Are any cultural resources of any type known to exist on-site? Yes 0 No Has an archaeological records search been conducted? Yes, Report attached (or mail copy separately if applying electronically) No Has a archaeological pedestrian survey been conducted for the site? a Yes, Report attached (ar mail copy separately if applying electronically) ❑ No Has a Section 106 MOA been signed by another federal agency and the SHPO? Yes, Attached (or mail copy separately if applying electronically) No If yes, list date MOA was signed (m/d/yyyy): Has Section 106 consultation been initiated by another federal agency? ❑YeS, Initiation letter attached (or mail copy separately if applying electronically) X No Page 5 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory wehsite. Include multiple copies of Box 13 for separate sites. Box 13 Proposed Compensatory Mitigation (site _ of _,) related to fill/excavation and dredge activities. Indicate in ACRES and LINEAR FEET (where appropriate) the total quantity of waters of the United States proposed to be created, restored, enhanced and/or preserved for purposes of providing compensatory mitigation. Indicate water body type (wetland, riparian streambed, unvegetated streambed, lake, ocean, other) or non -jurisdictional (uplands5). Indicate mitigation type (on- or off-site by applicant, mitigation bank, in -lieu fee program): Water Body Type _ Created Restored Enhanced Preserved Mitigation type Example: wetland 0.8 acre 0.2 acre - - On-site by app Example: riparian stream - - 3.0 acres/1300 if - IL.F'P Totals: s For uplands, please indicate if designed as an up and buffer. If no mitigation is proposed, provide detailed explanation of why no mitigation would be necessary: Impacts are less that 0.10 acres. Has a draft/conceptual mitigation plan been prepared in accordance with the Army Engineers District guidelines? ri Yes, Attached (or mail copy separately if applying electronically) Corps of No Mitigation site latitude & longitude (DIM/s, DD, or OM): USGS Quad map name: Assessors parcel number: Section, Township, Range, USGS Quadrangle Map, Latitude/Longitude: Other location descriptions, if known: Directions to the mitigation location: Box 12 Measures taken to avoid and minimize impacts to waters of the United States (if any): Best management practices will be utilized to minimize erosion and sedimentation and maintain normal flows, an elevation marker would be used in areas of temporary fill to mark preconstruction surface elevation. Page 6 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. Box 14 Water Quality Certification (see instructions): Applying for certification? ❑ Yes, Attached (or mail copy separately if applying electronically) No Certification issued? ❑ Yes, Attached (or mail copy separately if applying electronically) ❑ No Exempt? ❑ Yes ❑ No If exempt, state why: Agency concurrence? ❑ Yes, Attached ❑ No Box 15 Coastal Zone Management Act (see instructions): Is the project located within the Coastal Zone? ❑ Yes a No If yes, applying for a coastal commission -approved Coastal Development Permit? El Yes, Attached (or mail copy separately if applying electronically) ❑ No If no, applying for separate CZMA-consistency certification? ❑ Yes, Attached (or mail copy separately if applying electronically) ❑ No Permit/Consistency issued? El Yes, Attached oor mail copy separately if applying electronically) No Exempt? ❑ Yes n No If exempt, state why: Box 16 List of other certifications or approvals/denials received from other federal, state, or local agencies for work described in this application: Agency Type Approval Identification No. Date Applied Date Approved Date Denied 4 Would include but is not restricted to zoning, building,and flood plain permits NWP General conditions (GC) checklist: 1. Navigation: Project wouldbe in compliance with GC? a Yes E No 2. Proper Maintenance: Project would be in compliance with GC? i1' Yes U No 3. Erosion and Siltation Controls: Project would be in compliance with GC? rd Yes ❑ No 4. Aquatic Life Movements: Project would be in compliance with GC? // Yes U' No Page 7 of 22 Revised January 3, 2(X)6 For the most reccm version of this form., visit your Corps District's Regulatory website. 5. Equipment: Project would be in compliance with GC? la Yes ❑ No 6. Regional and Case -by -Case Conditions: Complete the Regional Conditions checklist below. Project would be in compliance with any Case-by-case conditions? Z Yes ❑ No 7. Wild and Scenic Rivers: Project would be in compliance with GC? ha Yes ❑ No S. Tribal Rights: Project would be in compliance with GC? ra Yes ❑ No 9. Water Quality (401 Certification): see Box 14 above. 10. Coastal Zone Permit: see Box 15 above. 11. Endangered Species: see Box 11 above. 12. Historic Properties: see Box 12 above. 13. Notification (Check mark and provide those that apply) ▪ NWP 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43: Delineation of wetlands and other waters of the U.S. • NWP 7: Original Design Capacity & Configurations • NWP 14: Compensatory Mitigation Proposal & written statement describing how temporary losses will be minimized to the maximum extent possible �] NWP 21: Office of Surface Mining or State -approved mitigation Plan • NWP 27: Documentation of Prior Condition of Site • NWP 29: Past use of NWP, statement of personal residence, parcel size description, land description 1 NWP 31 (for repeat use): 5 year Maintenance Plan, baseline channel information, delineation, and disposal site information n NWP 33: Restoration Plan NWP 39, 43, and 44: Written Statement on Avoidance and Minimization Measures NWP 39 and 42:Compensatory Mitigation Plan/Justifications of no plan NWP 40: Compensatory Mitigation Proposal Page 8 of 22 Revised January 3. 2006. For the most recent version of this form. visit your Corps District's Regulatory website. n NWP 43: Maintenance Plan (for new construction) and compensatory mitigation proposal NWP 44: Description of affected waters, minimization measures and reclamation plan 171 NWPs 12, 14, 29, 39, 4Q 42, 43, and 44: FEMA map, FEMA construction requirements and demonstration of FEMA compliance 14. Compliance Certification: Applicant is aware of this post -construction requirement? r Yes No 15. Use of Multiple Nationwide Permits: Applicant is aware that if total proposed acreage of impact exceeds acreage limit of NWP with highest specified acreage, no NWP can be issued? el Yes ❑ No 16. Water Supply Intakes: Project would be in compliance with GC? Yes No 17. Shellfish Beds: Shellfish beds present? ❑ Yes Z No Project would be in compliance with GC? ❑ Yes P1 No 18. Suitable Material: Project would be in compliance with GC? A Yes U No 19. Mitigation: Project would be in compliance with GC? Z Yes I No 20. Spawning Areas : Spawning areas present? ❑ Yes X No Project would be in compliance with GC? Li Yes ❑ No 21. Management of Water Flows: Project would be in compliance with GC? X Yes { 1 No Page 9 of 22 Revised January 3.2006. For the most recent version of this form, visit your Corps District's Regulatory website. 22. Adverse Effects From Impoundments: Project would be in compliance with GC? Ill Yes ❑ No 23. Waterfowl Breeding Areas: Waterfowl breeding areas present? ❑ Yes ❑ No Project would be in compliance with GC? Yes ❑ No 24. Removal of Temporary Fills: Project would be in compliance with GC? ITI Yes ❑ No 25. Designated Critical Waters (check those that apply) Includes: 1) ❑ NOM designated marine sanctuaries, 2) ❑ National Wild and Scenic Rivers, 3) ❑ Critical habitat for Federally listed species, 4) ❑ Coral reefs, 5) ❑ State natural heritage sites, 6) ❑ Officially designated waters Applicant is aware of the restrictions a) and b) below? 1 Yes ❑ No a) NWP 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 : No NWP can be issued (except in certain cases described in full text of GC#25). b) NWP 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38: Notification required. 26. Fills within 100 -Year Floodplains: Project would be within 100 -year floodplains? E Yes ❑ No If yes, project would be in compliance with restrictions a) and b) below? /1 Yes a) Discharges Below Headwaters (below point of5cfs) resulting in permanent above- grade fills: NWP 29, 39, 40, 42, 43, and 44: No NWP can be issued. NWP 12 and 14: Notification required. Page 10 of 22 Revised January 3, 201J6. For the most recent version of this form, visit your Carps District's Regulatory website. No b) Discharges in Headwaters (above point of5cfs) resulting in permanent above -grade fills: Flood Fringe NWP 12, 14, 29, 39, 40, 42, 43, and 44: Notification required. Roadway NWP 29, 39, 40, 42, 43, and 44: No NWP can be issued. NWP 12 and 14: Notification required. 27. Construction Period Applicant is aware of requirements under this GC? ►1 Yes ❑ No NWP-specific requirements checklist: 1. Nationwide 03 (case iii): Evidence of damage (due to storm, flood, etc.) such as recent topographic surveys or photographs attached? Yes ❑ No 2. Nationwide 07: NPDES permit or other proof of CWA Section 402 compliance attached? ❑ Yes ❑ No 3. Nationwides 1.3, 14, 18, 29, 39, 40, 42, 43, 44: Activity/crossing must be part of a single and complete project. Project would be in compliance with this requirement? 111 Yes ❑ No 4. Nationwide 31: As -built or approved engineering drawings for each structure attached? Yes ❑ No 5, Nationwide 40: Documentation of an NRCS exemption, a NRCS-certified wetland delineation, and a NRCS- approved compensatory mitigation plan attached? n Yes U No NWP Regional Conditions (RC) checklist: I. Los Angeles District (SPL) in Arizona and California: 1. Is the project located within a coastal watershed from the southern reach of the Santa Monica Mountains in Los Angeles County to the San Luis Obispo County/Monterey County boundary? ❑ Yes ❑ No Page 11 of 22 Revised January 3. 2006. For the most recent version of this form., visit your Corps District's Regulatory website. If yes, then would the project meet the requirement that ail road crossings must employ a bridge crossing design that ensures passage andjor spawning of steelhead is not hindered in any way (see full RC text)? ❑ Yes ❑ No 2. Is the project located within the State of Arizona or the Mojave and Sonoran (Colorado) desert regions of California in the Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo County)? L] Yes ❑ No If yes, no NWPs, except 1, 2, 3, 4, 5, 6, 9, 10, 11, 20, 22, 27, 30, 31, 32, 35, 37, and 38 (or other nationwide or regional general permits that specifically authorize maintenance of previously authorized structures or fill), can be used to authorize the discharge of dredged or fill material into a jurisdictional special aquatic site as defined by 40 CFR 230.40-45. If yes, is applicant aware of restriction above? El Yes ❑No 3. Does NWP or Regional General Permit require prior notification (a PCN) be given to the District Engineer? ❑ Yes ❑ No If yes, are the required color photographs or color photocopies of the project area taken from representative points documented on a site map included? ❑ Yes ❑ No 4. Is project located in a special aquatic site as defined by 40 CFR 230.40-45 or in a perennial watercourse or waterbody in the State of Arizona or in the Mojave or Sonoran (Colorado) desert regions of California? ❑ Yes ❑ No If yes, notification pursuant to general condition #13 is required. 5. Is project located in an areas designated as Essential Fish Habitat? ❑ Yes ❑ No If yes, notification pursuant to general condition #13 is required. 6. Is project located within a watershed in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and Pacific Ocean on the south? ❑ Yes ❑ No If yes, notification pursuant to general condition #13 is required. 7. Would project impact jurisdictional vernal pools? If yes, then an individual permit is required. ❑ Yes n No 8. Is project within the Murrieta Creek and Temecula Creek watersheds in Riverside County and does it require new permanent fills in perennial and intermittent watercourses? ❑ Yes ❑ No Page 12 of 22 Revised January 3. 2006. For the most recent version of this form, visit your Corps District's Regulatory website. If yes, then projects which would otherwise be authorized under NWPs 39, 42, or 43, will require an individual permit. Is project located in an ephemeral watercourse and is the impact greater than 0.1 acre? ❑ Yes l I No If yes, then projects which would otherwise be authorized under NWPs 39, 42, or 43, will require an individual permit. 9. Is project in San Luis Obispo Creek or Santa Rosa Creek in San Luis Obispo County for bank stabilization projects; or and in Gaviota Creek, Mission Creek or Carpinteria Creek in Santa Barbara County for bank stabilization projects and grade control structures? ❑ Yes ❑ No If yes, then an individual permit is required. II. Sacramento District (SPK) in California, Colorado, Nevada, and Utah: SPK Regional conditions to be applied across the entire Sacramento District including California, Colorado, Nevada, and Utah: A. Is the project in a fen? ❑ Yes No Nationwide Permits 14, 29, 33, 39, 40, 41, 42, 43, and 44 are withdrawn from use in histosols, including fens. For the use of all other nationwide permits in fens, project proponents are required to notify the Corps using the notification or PCN procedures of the nationwide permit program (General Condition 13). This will be a "Corps only" notification. B. Will mitigation be completed before or concurrent with construction of the project? ❑ Yes ❑ No For all activities using any existing and proposed nationwide permits, mitigation that is required by special condition must be completed before or concurrent with project construction. Where project mitigation involves the use of a mitigation bank or in -lieu fee, payment must be made to the bank or fee -in -lieu program before commencing construction of the permitted activity, C. Is a statement attached explaining how avoidance and minimization of impacts were achieved? ISI Yes ❑ No Page i 3 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. For all nationwide permits requiring notification, except 27, the applicant must provide a written statement to the district engineer explaining how avoidance and minimization of loses of waters of the United States were achieved on the project site. D. Is the project in Lake Tahoe? Yes 2 No All existing and proposed nationwide permits are suspended in the Lake Tahoe Basin in favor of using Regional General Permit 16. SPK Regional conditions to be applied only in California: None SPK Regional conditions to be applied in Nevada: None SPK Regional conditions to be applied in Utah: A. For use of any nationwide permit with the following attributes, notification of the Corps of Engineers' Utah Regulatory Office, using the "Notification" procedures of the Nationwide Permit Program (General Condition 13), is required, except where certain nationwide permits are restricted and can not be used as indicated in each category. This will be a "Corps only" notification: 1. Does the activity affect waters of the U.S. below the elevation 4217 feet msl adjacent to the Great Salt Lake and below 4500 feet msl adjacent to Utah Lake? ❑ Yes 0 No 2..Does the activity involve bank stabilization in a perennial stream? II Yes ❑ No Bank stabilization activities that would affect more than 100 feet of stream length as measured from the upstream portion of the affected bank to the downstream section, narrow the cross-section of the stream, substantially reduce the riparian vegetation, or increase velocities. 3. Does the activity affect springs.? ❑ Yes ❑ No A spring is an aquatic feature caused by ground water being discharged to the surface, creating wetland and/or stream characteristics. Nationwide Permits 14, 16, 18, 29, 33, 36, 39, 40, 42, 43, and 44 can not be used in spring areas. SPK Regional conditions to be applied only in Colorado: A. SPK Regional Conditions Applicable to Specific Nationwide Permits Within Colorado: 1. Does the action involve the use of Nationwide Permit No. 13 Bank Stabilization? ❑ Yes 11 No Page 14 of 22 Revised January 3.2006. For the most regent version of this form, visit your Corps District's Regulatory website. Ln Colorado, bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured between the ordinary high water marks) are limited to the placement of no more than 1/4 cubic yard of material per running foot below the plane of the ordinary high water mark. Activities greater than 1/4 cubic yard may be authorized if the permittee notifies the District Engineer in accordance with General Condition No. 13 (Notification) and the Corps determines the adverse environmental effects are minimal. 2. Does the activity involve the use of Nationwide Permit No. 27 Stream and Wetland Restoration Activities? ❑ Yes No (1) For activities which include a fishery enhancement component, notification will include a letter from the Colorado Division of Wildlife concurring that the project will benefit the fishery; and (2) for projects in streams classified as "Gold Metal Waters", Nationwide Permit No. 27 may not be used. For such projects, the applicant can apply for the existing Colorado Regional General Permit No. CO -00-16900 (Stream Habitat Improvement Structures) or a standard individual permit. B. SPK Regional Conditions Applicable to All Nationwide Permits Within Colorado. 1. Does the activity involve the use of temporary fills? '❑ Yes Z No Removal of Temporary Fills. General Condition No. 24 (Removal of Temporary Fills) is amended by adding the following: When temporary fills are placed in wetlands in Colorado, a horizontal marker (i.e. fabric, certifies weed -free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily filled during construction. 2. Does the activity involve fills in Important Spawning Areas? ❑ Yes C. No Important Spawning Areas. General Condition No. 20 (Spawning Areas) is amended by adding the following: In Colorado, activities which; (1) would destroy important spawning areas; (2) would be conducted in these waters during spawning seasons for trout and Kokanee salmon (spawning season for rainbow and cutthroat trout is March 15 through July 15, and for brown and brook trout and Kokanee salmon is September 15 through March 15); or (3) would have greater than minimal release of sediments during these spawning seasons are not authorized by any nationwide permit. Bio -engineering techniques, such as native riparian shrub plantings are required for all bank protection activities that exceed 50 linear feet in important spawning areas. Important spawning areas are identified in the attached list (enclosure 1) of critical resource waters in Colorado. C. SPK Regional Conditions for Revocations Specific to Certain Geographic Areas within Colorado: 1. Does any activity occur in a fen? ❑ Yes 2 No Fens: In Colorado, nationwide permits No. 1, 2, 4, 6-11, 13-19, 21-25, 28-31, 33-36, and 39-44 are revoked for activities in these regionally important aquatic resources. Fens are defined as wetlands which are characterized by water logged spongy ground and contain (in all or part) soils classified as histosols* or mineral soils with a histic epipedon*. To determine whether this provision applies, the entire wetland must be examined for the presence of histosols or histic epipedons. *Histosols have 40 centimeters (16 inches) or more of the upper 80 centimeters (32 inches) an organic soil material (or less over bedrock). Organic soil material has an organic carbon content (by weight) of 12 to 18 percent, or more, depending on the clay content of the soil. Histic epipedons have a 20 to 60 centimeter -thick (8-24 inches) organic soil horizon that is at or near the surface of a mineral soil. Histosols and histic epipedons are widely recognized as organic soils formed by slow accumulation of plant debris in Page 15 of 22 Revised January 3. 2006. For the most recent version of this form, visit your Corps District's Regulatory website. waterlogged situations where it cannot decompose. (More information on histosols can be obtained from the U.S. Department of Agriculture, Natural Resources Conservation Service publications on Keys to Soil Taxonomy and Field Indicators of Hydric Soils in the United States. 2. Does any activity occur within 100 feet of a spring? 7 Yes ® No Springs: Within the State of Colorado, all nationwide permits are revoked within 100 feet of the water source of natural springs. A spring source is defined as any location where ground water emanates from a point in the ground. For purposes of this regional condition, springs do not include seeps or other discharges that do not have a defined channel. D. Practices Applicable to All Nationwide Permits Within Colorado (SPK). The following provides additional information regarding minimization of impacts and compliance with existing general Conditions: 1. Permittees are reminded of the existing General Condition No. 18 which prohibits the use of unsuitable material. Organic debris, building waste, asphalt, car bodies, and junk. materials are not suitable material. Also, General Condition No. 3 requires appropriate erosion and sediment controls (i.e. all fills must be properly stabilized to prevent erosion and siltation into waters and wetlands). Streambed material or other small aggregate material placed alone for bank stabilization will not meet General Condition No. 3. 2. Permittees are encouraged to mitigate project impacts prior to or concurrent with project construction. This issue continues to be a concern and the Corps prefers at this time to request that nationwide permit notification submittals explicitly address prior to or concurrent mitigation or the reasons why mitigation cannot occur prior to or concurrent with project construction. 3. Does any activity occur within a critical resource water of Colorado? ❑ Yes /:1 No In accordance with General Condition No. 25 (Designated Critical Resource Waters) waters within the State of Colorado listed in Enclosure 1 (Critical Resource Waters in Colorado) are designated as critical resource waters. Enclosure 1 CRITICAL RESOURCE WATERS IN COLORADO In accordance with General Condition No. 25 (Designated Critical Resource Waters) the following waters within the State of Colorado are designated as critical resource waters: a. Outstanding Natural Resource Waters: Cache la Poudre Basin: All tributaries to the cache La Poudre River system, including all lakes and reservoirs, which are within Rock Mountain National Park; Page f 6 of 22 Revised January. 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. Laramie River: All tributaries to the Laramie River system, including all lakes and reservoirs which are in the Rawah Wilderness Area; North Fork Gunnison River: All tributaries to North Fork Gunnison River system, including lakes, reservoirs and wetlands within the West Elk and Raggeds Wilderness Area; North Platte River: All tributaries to the North Platte River and Encampment Rivers, including all lakes and reservoirs, which are in the Mount Zirkle Wilderness Area; San Miguel River: All tributaries, lakes, reservoirs, and wetlands within the boundaries of the Lizard Head and Mt. Sneffels Wilderness Area; Roaring Fork River: All tributaries to the Roaring Fork River system, including lakes, reservoirs and wetlands within the Maroon Bells/Snowmass Wilderness Area; Umcompahgre River: All tributaries to the Uncompahgre River system, including lakes, reservoirs, and wetlands within the Mt. Sneffels and Big Blue Wilderness Areas; Upper Arkansas River Basin: All streams, wetlands, lakes, and reservoirs within the Mount Massive and Collegiate Peaks Wilderness Areas; Upper Colorado River: Mainstem of the Colorado River system including tributaries, lakes, reservoirs, and wetlands within Rocky Mountain National Park; Upper Gunnison River Basin: All tributaries, lakes, reservoirs, and wetlands in the La Garita Wilderness Area. All tributaries to the Gunnison River system, including lakes, reservoirs, and wetlands within West Elk, Collegiate Peaks, Maroon Bells, Raggeds, Fossil Ridge, Oh -Be -Joyful and Big Blue Wilderness Areas; White River: Trapper's Lake and tributaries to Trapper's Lake; Yampa River: All tributaries to the Yampa River, including lakes, reservoirs and wetlands within Zirkle Wilderness Area. b. Important Spawning areas: In Colorado , important spawning areas are defined as "Gold Metal Waters' as identified by the State of Colorado. Gold Metal Waters are defined in the Colorado Fishing Season Information brochure, on the Colorado Division of Wildlife website www.dnr.state.co.us, or can be obtained at any Corps office in Colorado. M. Albuquerque District (SPA) in Colorado, New Mexico, and Texas: SPA Regional conditions to be applied only in Colorado 1. Is the project for bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured between the ordinary high water Page 17 of 22 Revised January 3. 2006. For the most recent version of chis form, visit your Corps District's Regulatory website. marks) limited to the placement of no more than 1/4 cubic yards of material per running foot below the plane of the ordinary high water mark? ❑ Yes ❑ No If yes, notification pursuant to general condition # 13 is required. 2. Is the project located in streams classified as "Gold Metal Waters"? ❑ Yes ❑ No If yes, nationwide permit number 27 may not be used. Applicant must apply for a Standard Individual permit. 3. Is project for Stream and Wetland Restoration activities which include a fishery enhancement component ❑ Yes ❑ No If yes, letter from the Colorado Division of Wildlife concurring that the project will benefit the fishery. 4. Is the project using or removing temporary fills in wetlands? ❑ Yes ❑ No If yes, a horizontal marker (i.e., fabric, certifies weed -free straw, etc.) must be used to delineate the existing ground elevation of wetlands that will be temporarily used during construction. 5. Is project located in an Important Spawning Area and is the work being done during spawning season (March 15 — July 15; and September 15 -- July 15)? ❑ Yes ❑ No If yes, not authorized by any nationwide permit. If no, bio -engineering techniques, such as native riparian shrub plantings are required for all bank protection activities that exceed 50 linear feet in important spawning areas. See Critical Resource Waters in Colorado. 6. Is project located in a wetland, and are fens present? ❑ Yes ❑ No If yes, Nationwide Permit Numbers 1, 2, 4, 6-11, 13-19, 21-25, 28-31, 33-36, and 39-44 are revoked. 7. Is project located within 100 feet of the water source of a natural spring? ❑ Yes ❑ No If yes, all nationwide permits are revoked. 8. Does NWP or Regional General Permit require prior notification (a PCN) be given to the District Engineer? ❑ Yes ❑ No Page i8of22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. If yes, are the required color photographs or color photocopies of the project area taken from representative points documented on a site map included? ❑ Yes ❑ No 9. Is project located in a special aquatic site as defined by 40 CFR 230.40-45 or in a perennial watercourse or waterbody in the State of Colorado? ❑ Yes ❑l No If yes, notification pursuant to general condition #13 is required. 10. Is project located in a areas designated as Essential Fish Habitat? • Yes ❑ No If yes, notification pursuant to general condition #13 is required. SPA Regional conditions to be applied only in New Mexico 1. Is the project for utility line discharges crossing in waterways wider than 200 feet? Yes ❑ No 19 If yes, notification pursuant to general condition # 13 is required. 2. Is the project for bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured between the ordinary high water marks) limited to the placement of no more than 1/4 cubic yards of material per running foot below the plane of the ordinary high water mark? ❑ Yes ❑ No If yes, notification pursuant to general condition # 13 is required. 3. Is the project for linear transportation crossings in perennial waterways? ❑ Yes ❑ No If yes, culverts shall be designed to provide for fish passage. Culverts shall be designed and installed so that waterflow shall be at least 0.8 feet deep, the maximum hydraulic drop in the culvert shall not exceed 0.8 ft, and the maximum velocity shall not exceed 4.0 fps for culverts less than 100 feet long, 3.0 fps for culverts 100-200 feet long, and 2.0 fps for culverts longer than 200 feet. 4. Is project for stream and wetland restoration or enhancement activities that incorporate the use of rip -rap, channelization, or levees? ❑ Yes El No If yes, notification pursuant to general condition #13 is required. 5. Is the project for residential, commercial, and institutional development? Page B 9 of 22 Revised January 3, 2006 For the most recent version of this form. visit your Corps District's Regulatory website. Yes ❑ No If yes, not authorized for channelization or relocation of any intermittent or perennial water course regardless of size or rate of flow. 6. Is project for mining activities? ❑ Yes ❑ No If yes, nationwide permit is revoked. 7. Is the project activity involve fills in perennial waters or wetlands larger than 1/2 acre? ❑ Yes Li No If yes, applicant must apply for a Standard Individual Permit. 8. Is project located within 100 feet of the water source of a natural spring? ❑ Yes ❑ No If yes, all nationwide permits are revoked. 9. Does the project require temporary water diversion or totally dewatering more than 100 linear feet of stream channel? ❑ Yes ❑ No If yes, applicant must apply for a Standard Individual Permit. If no, notification pursuant to general condition # 13 is required. 10. Is the project located in a special aquatic site, including wetlands, whose principal activity is not water dependent? ❑ Yes ❑ No If yes, notification pursuant to general condition #13 is required? 11. Is the project requiring external notification sent to the appropriate city, county, or tribal agencies for their comments? ❑ Yes 0 No If yes, for activities authorized by NWP No. 4, 13, 27, and 30 the District Engineer (DE) will notify the New Mexico Department of Game and Fish and other appropriate agencies. 12. Is project using any poured concrete, heavy equipment, fuel, or petrochemicals within 100 feet of any water of the U.S. including wetlands? fl Yes ❑ No If yes, notification pursuant to general condition #13 is required. 13. Is project located in an important spawning area and is the work to be done during spawning season (March 15 — July 15; and September 15 — July 15)? ❑Yes fNo Page 24 of 22 Revised January 3.2006. For the most resent version of this form, visit your corps District's Regulatory website. If yes, not authorized by any nationwide If no, notification pursuant to general condition #13 is required. 14. Will project result in changes to local stream gradient, streambed elevation, direction, velocity of streamflow, or cause significant changes in channel size, shape and streambank habitat (unless the project specifically designed to restore previously degraded and unstable streams)? 11 Yes ❑ No If yes, notification pursuant to general condition # 13 is required. 15. Is project located in an area designated as a Critical Resource Water? ❑ Yes ❑ No If yes, notification pursuant to general condition #13 is required. SPA Regional conditions to be applied only in Texas 1. Is project located in an area designated as a Critical Resource Water? n Yes ❑ No If yes, notification pursuant to general condition #13 is required. IV. San Francisco District (SPN): No SPN Regional Condition checklist is currently available. Please refer to original text of SPN regional conditions. End of form **************************************************************************** Instructions: 1) Box 5: a. Nature of Activity: Describe the overall activity or project. Give appropriate dimensions of structures such as wingwalls, dikes (identify the materials to be used in construction, as well as the methods by which the work is to be done), or excavations (length, width, and height). Indicate wether discharge of dredged or fill material is involved. Also, identify any structure to be constructed on a fill, piles, or float -supported platforms. The written descriptions and illustrations are an important part of the application. Please describe, in detail, what you wish to Page 21 of 22 Revised January 3, 2(X)6. For the most recent version of this Porro, visit your Corps District's Regulatory website. do. If more space is needed, attach a separate sheet marked "Box 5 Nature of Activity." b. Proposed Project Purpose: Describe the purpose and need for the proposed project. What will it be used for and why? Also include a brief description of any related activities to be developed as the result of the proposed project. 2) Box 6: a. Corps jurisdiction consists of waters of the U.S. Waters of the U.S. are defined under 33 CFR part 329 as "navigable waters of the United States" and/or under 33 CFR part 328.3(a) as "waters of the United States." Under Section 404 of the Clean water Act, either the ordinary high water mark (non -tidal) or the high tide line (tidal), as well as any adjacent wetlands, demarcate waters of the U.S. Under Section 10 of the Rivers and Harbors Act, either the mean high water mark (tidal) or the ordinary high water mark (non -tidal), as well as any adjacent wetlands, demarcate waters of the U.S. Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (1987 Manual) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. b. Required drawings: Submit one legible copy of all drawings (8 1/2 x 11 -inch or 11 x 17 -inch) with a 1 -inch margin around the entire sheet. The title box shall contain the title of proposed activity, name of water body, county, city, date, and sheet number. i. Vicinity map: Cover an area large enough so the project can be easily located, include arrow marking the project area, Identifiable land marks, name or number of roads, north arrow, and scale. ii. Plan view: Include existing bank lines, ordinary high water mark line(s), average water depth around the activity, dimensions of the proposed project, dimensions of any structures immediately adjacent to the proposed activity, north arrow, scale. iii. Elevation and/or cross-section views: water elevation as shown on plan view drawing, dimensions of the proposed project, dimensions of any structures immediately adjacent to the proposed activity, scale 3) Box 14: You may need State water quality certification from the appropriate state or tribal agency (e.g., Regional Water Quality Control Board for non -tribal California lands). You need not have obtained water quality certification before applying for a Corps nationwide permit verification. 4) Box 15: You may need a federal coastal consistency certification under the Coastal Zone Management Act from the appropriate state agency (e.g., California Coastal Commission for California Coastal Commission), You need not have obtained federal coastal consistency certification before applying for a Corps nationwide permit verification. Page 22 of 22 Revised January 3, 2006. For the most recent version of this form, visit your Corps District's Regulatory website. Consultants in Natural Resources and the Environment DENVER • BOISE • DURANGO • WESTERN Ray FRO ERO Resources Corp. P.O. Box 932 161 South 2nd Street Hotchkiss. CO 81419 1'9701 87 2-3020 Fax: (974) 872-4572 PRE -CONSTRUCTION NOTIFICATION FRONTIER PAVING GARFIELD COUNTY, COLORADO Prepared far— Schmueser Gordon Meyer 118 W. 6th Street, Suite 200 Glenwood Springs, Colorado 81601 Prepared by— ERO Resources Corporation PO Box 932 Hotchkiss, Colorado 81419 (970) 872-3020 November 2011 PRE -CONSTRUCTION NOTIFICATION FRONTIER PAVING GARFIELD COUNTY, COLORADO Location The project is located approximately 0.3 mile south of the 1-70 and County Road 315 (Mama} Creek Road) interchange in Garfield County, Colorado. The center of the project is Section 18, T6S, R92W, Sixth Principal Meridian, UTM Zone 13, 4378516mN, 267991mE, Garfield County, Colorado (Figure 1). Project and Site Description Frontier Paving, Inc, owned by Charles Ellesworth and Family, is proposing moving their asphalt paving company to a 35.72 acre parcel in Eagle Springs Ranch. Operations would include an asphalt batch plant, rock crusher, stock pile areas for aggregate, an office, and parking areas for the asphalt transport vehicles and other equipment. The project area comprises a bluff/plateau area, two small unnamed drainage swales, and historically cultivated land on top of the bluff/plateau. The bluff base and slopes of the project area are vegetated with four -wing saltbush (Atriplex canescens), intermediate wheatgrass (Thinopyrum intermedium), rabbitbrush (Chrysothamnus nauseosus), crested/annual wheatgrass (Agropyron cristatum), sagebrush (Seriphidium tridentatum), and greasewood (Sarcobatus vermiculatum), while the historically cultivated portion has less shrubby vegetation and supports weedy species such as cheatgrass (Anisantha tectorum), Russian knapweed (Acroptilon repens), kochia (Kochia scoparia), prickly lettuce (Lactuca serriola), pigweed (Amaranthus blitoides), bindweed (Convolvulus arvensis), and Russian thistle (Salsola australis). A tailwater ditch/swale enters the property from an irrigated parcel to the east. The swale is more mesic but still supports dry upland species including intermediate wheatgrass, yellow sweet clover (Melilotus officinalis), alfalfa (Medicago sativa), 1\h utchkisstemplahareddocs15D61 frontier paving — sgmipenlfmntier paving wetland delineation report-pcn text.doc PRE -CONSTRUCTION NOTIFICATION FRONTIER PAVING prostrate knotweed (Polygonum aviculare), bindweed, and slender wheatgrass (Elymus trachycaulus). An unnamed drainage swale along the north edge of the property and just south of the existing road supports upland weedy species including cheatgrass, goosefoot (Chenopodium ssp.), pigweed, bindweed, and crested/annual wheatgrass, along with a large cottonwood tree (Populus deltoides). The upper portion of the swale supports only upland species. As the swale changes direction from flowing in a northerly direction to a westerly direction, more moistfinesic species occur. There are three small wetlands along the swale (Wetlands 3 through 5; see Figure 2 wetland map). Wetlands along the drainage are vegetated by three -square (Schoenoplectus pungens), water sedge (Carex aquatilis), bulrush (Scirpus pallidus), saltgrass (Distichlis stricta), muhly (Muhlenbergia asperifolia), reed canarygrass (Phalaroides arundinacea), and cattail (Typha angustifolia and Typha latifolia). Upland species include intermediate wheatgrass, white sweet clover (Melilotus alba), and timothy (Phleum pratense). Another small unnamed drainage swale occurs about 700 feet south of the north property line/driveway, and supports a small wetland (Wetland 1) which appears to be supported by irrigation water return flow seeps. An additional small seep wetland occurs in the hillside south of Wetland I and is labeled as Wetland 2. Table 1. Vei etation Observed Durin Site Visit Common Name Scientific Name Alfalfa Medicago sativa Bulrush Scirpus pallidus Cattail Typha angustifoliallatifolia Cheatgrass Anisantha tectorum Cottonwood Populus deltoides Agropyron cristatum Crested/Annual wheatgrass Field bindweed Convolvulus arvensis Four -wing saltbush Atriplex canescens Goosefoot Chenopodium ssp. Greasewood Sarcobatus vermiculatum Intermediate wheatgrass Thinopyrum intermedium Kochia Kochia scoparia Muhly Muhlenbergia asperifolia 3 PRE -CONSTRUCTION NOTIFICATION FRONTIER PAVING Common Name Scientific Name Pigweed Arnaranthus blitoides Prickl lettuce Lactuca serriola Prostrate knotweed Polygonum aviculare Rabbitbrush Chrysotharnnus nauseosus Reed canarygrass Phalaroides arundinacea Russian knapweed Acroptilon reperis Russian thistle Salsola australis Sagebrush Seriphidium tridentaturn Saltgrass Distichlis stricta Slender wheatgrass Elymus trachycaulus Three square Schoenoplectus pungens Timothy Phleum pratense Water Sedge Carex aquatilis White sweet clover Melilotus alba Yellow sweet clover Melilotus ojficinuli.s Wetlands and Waters of the U.S. On September 26, 2011, ERO reviewed the project area for waters of the U.S., including wetlands. The wetlands were delineated following the guidelines and criteria of the U.S. Army Corps of Engineers' (Corps) 1987 Wetland Delineation Manual (Corps 1987) and the Arid West Regional Supplement (Corps 2008). The vegetation was identified using the National List of Plant Species that Occur in Wetlands (Sabine 1994), and taxonomy uses Colorado Flora: Western Slope (Weber 2001). ERO delineated the wetlands using a Global Positioning System (GPS) unit with submeter accuracy and placed consecutively numbered pin flags per Corps requirements. Data were differentially corrected using the closest available base station. All differential correction was completed using Trimble Pathfinder Office 3.10 software. Waters of the U.S. One unnamed drainage crosses the north edge of the project area and was reviewed for wetlands and evidence of Ordinary High Water Mark (OHWM). Very occasional erosional features were observed along the drainage, but features are not continuous. There are not evidences of bed/bank or OHWM except in the small area shown on the attached map (see Figure 2). The drainage becomes a wetland swale at 4 PRE -CONSTRUCTION NO'T'IFICATION FRONTIER PAVING several locations as it flows down -gradient, and appears to be partially supported by ditch/irrigation return flows (see Figure 2). The drainage swale is shown on the U.S.G.S. topographic map as an intermittent drainage and also appears to be tributary to Mamm Creek; however, no evidence of OHWM or continuous wetland connection was observed in the field except what was marked in Figure 2. Wetlands Seven data points were collected to evaluate the presence of wetlands (see Figure 2). Soil pits were completed at each data point, except DP -6. At DP -6, a soil pit was not completed due to hydrophytic vegetation and surface evidence of hydrology. DP -3 and DP -4 are negative datapoints documenting absence of wetlands. Justification of the wetland edge is listed for each wetland, and generally there was a clear topographic/vegetative break. Wetland and upland vegetation communities were consistent across the project area, and information from the various soil pits was used to help define the wetland edge throughout the site. Wetland 1 Wetland 1 is a small wetland along unnamed drainage swale about 700 feet south of the north property boundary (see Figure 2). A pair of soil pits were completed at this wetland (DP- 1 and DP -2). Wetland vegetation consists primarily of alkali muhly, reed canarygrass and cattail. Hydric soils were indicated by sandy redox (S5). Clay soils were predominant at a depth of 0 to 4 inches; below this depth, the soils were sandy. The surface clay loam soils had a Munsell color of 10YR4/3, with no redox features. The sandy clay loam soils occurring at depths of 4 to 16 inches had a Munsell color of 10YR4/2, with 5% redox concentrations in the matrix with a color of 10YR5/8. The texture was sand/sandy clay loam. The Primary wetland hydrology indicators observed were water -stained leaves (89) and Oxidized rhizospheres along living roots (C3). Wetland 1 is approximately 0.060 acre. 5 PRE-CONSTRUCt1ON NOTIFICATION FRONTIER PAVING The uplands adjacent to these wetlands are dominated by smooth brome and intermediate wheatgrass. Wetland boundaries were determined by observing topography breaks and changes in vegetation dominance; the wetland boundary is mostly dearly defined by topographic shifts and changes in vegetation. Wetland 2 Wetland 2 is a very small wetland along a seep in the bluff (see Figure 2). No soil pits were completed as the wetland and upland vegetation communities were similar to Wetland 1. Wetland vegetation consists primarily of reed canarygrass. Wetland 2 is approximately 0.001 acre. The uplands adjacent to these wetlands are dominated by sagebrush, rabbitbrush, and intermediate wheatgrass. Wetland boundaries were determined by observing changes in vegetation dominance. Wetland 3 Wetland 3 is a small wetland along the unnamed drainage swale near the north property boundary (see Figure 2). No soil pits were completed at this wetland due to the similarity in wetland vegetation to DP -1 and DP -2. Wetland vegetation consists primarily of alkali muhly, reed canarygrass, cattail, and three -square. Wetland 3 is approximately 0.067 acre. The uplands adjacent to these wetlands are dominated by smooth brome, intermediate wheatgrass, white sweetclover, and timothy. Wetland boundaries were determined by observing topography breaks and changes in vegetation dominance; the wetland boundary is clearly defined by topographic shifts and changes in vegetation. Wetland 4 Wetland 4 is a small sedge -bulrush wetland located on the west edge of the northern swale (see Figure 2). Vegetation consists primarily of water sedge and three square. Two datapoints were completed to define the wetland boundary (DP -5 and DP -6). 6 PRE -CONSTRUCTION NOTIFICATION FRONTIER PAVING At DP -6, hydric soils were assumed due to dominance of obligate species, and presence of surface hydrology indicators (Surface Soil Cracks (B6)). DP -5 is an upland datapoint, lacking hydrophytic vegetation, hydric soils, or evidence of wetland hydrology. Wetland 4 does not appear to have a down -gradient connection to either wetlands or waters of the U.S. Wetland 4 is approximately 0.008 acre. The uplands adjacent to this wetland are dominated by intermediate wheatgrass. Wetland boundaries were determined by the transition from wetland to upland vegetation, and an abrupt topographic change. Wetland 5 Wetland 5 is located east of Wetland 4 (see Figure 2). Wetland 5 is vegetated by muhly, saltgrass, reed canarygrass, curly dock (Rumex crispus), intermediate wheatgrass, and three square. One wetland soil pit was completed in Wetland 5 (DP -7). The wetland soils at 0 to 4 inches had a chroma matrix of 90 percent 7.5YR3/3 and 10 percent 7.5YR5/8 concentrated matrix. The texture was clay loam/organic at the surface, and clay -loam at a depth of greater than 4 inches. At a depth of 12 inches, large rocks/cobble were encountered which impeded additional soil pit depth. The clay loam soil at 4 to 12 inches had a chroma matrix of 90 percent 7.5YR3/2, 8 percent 7.5YR5/8 concentrated matrix, and 2 percent organic streaking. The hydric soil indicator used to determine the presence of hydric soil was a Redox Dark Surface (F6). One primary indicator, Oxidized Rhizospheres along Living Roots was used to determine the presence of wetland hydrology. The uplands adjacent to Wetland 5 are dominated by intermediate wheatgrass and Canada thistle (Breen arvensis). Wetland boundaries were determined by the transition from wetland to upland vegetation, and topographic changes. Upland characteristics were very similar to those found at DP -5 and DP -1. 7 PRE -CONSTRUCTION NOTIFICATION FRONTIER PAVING Activity to be Authorized Wetland impacts would result from construction of an access road to the proposed facility. Most wetlands were avoided during design, and about 0.006 acres of Wetland 1 and all of Wetland 2 (0.001 acres) are unavoidable. Verification of authorization under NWP No. 14 is requested. Mitigation Measures: To minimize impacts, best management practices will be implemented to limit sedimentation and erosion along the unnamed drainage to Mamm Creek. Temporary impacts will be avoided to the greatest extent practicable during construction. The areas will be revegetated with appropriate species. Noxious Weeds Four noxious weed species on the Colorado weed list were observed within the project area, Canada thistle, Russian knapweed, Russian olive, and Tamarisk. These species are on the Colorado "8" List (Colorado Department of Agriculture 2010) and on the Garfield County Noxious Weed List (Garfield County 2011). Weed species on the "13" List are species for which plans have been implemented to stop continued spread. Table 2. Noxious Weed Observed in the Project Area Common Name Scientific Name Garfield County Noxious Weed List State of Colorado List Canada Thistle Breea arvensis Yes B Russian knapweed Acroptilon repens Elaeagnus angustifolia Yes YesB B Russian Olive Tamarisk Tamarisk rarnosis sirna YesB ource: Colorado Department of Agriculture 2010 and Garfield County 2011. Threatened and Endangered Species There are no known listed or sensitive species in this area. PRE -CONSTRUCTION NOTIFICATION FRONTIER PAVING Cultural Resources There are no eligible cultural resources in the project area. A file search and complete pedestrian survey was completed for the project area (see attached report). References Colorado Department of Agriculture. 2010. Noxious Weed List. Available at: http://www.colorado.govlcs/SatelliteJAgriculture-MainJCDAG11174084048733. Last accessed: August 25, 2011. Garfield County. 2011. Noxious weed list. Available: http://www.garfield- county.com/vegetation-managementinoxious-weed-list.aspx. Last accessed September 30. Sabine, B. (editor). 1994. National List of Plant Species that occur in Wetlands: Regions 4, 5, and 8. Resource Management Group, Inc. U.S. Army Corps of Engineers (Corps). 1987. Corps of Engineers Wetlands Delineation Manual Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. U.S. Army Corps of Engineers (Corps). 2008. Regional Supplement to the Army Corps of Engineers Wetland Delineation Manual: Arid West Region. Ed..T.S.Wakeley, R.W.Lichvar, and C.V. Noble. ERDCIEL TR -08-13. Vicksburg, MS: U.S. Army Research and Development Center. Weber, W. A. and Wittman, R. C. 2001. Colorado Flora: Western Slope. University Press of Colorado, Boulder, Colorado. 9 Frontier Paving Photo Log Photo 1. Wetland 1 Photo 2. Overview of western portion of property Frontier Paving Photo Log Photo 3. Wetland 2 Photo 4. View east from plateau edge Frontier Paving Photo Log Photo 5. Upland tailwater swale at east edge of property Photo 6. Wetland 3 Frontier Paving Photo Log Photo 7. Wetland 4 Photo 8. Wetland 5 WETLAND l r-• `t.rice TERMINATION DATA FORM - Arid West Region ' 3-71 L Project/Site; i CitlfiCounty: Sampling Date: Applicant/Owner: - - State: Sampling Point. DP— Investigator(s): - Section. Township, Range: ti?, i1r. S - f -c- 2- l'jj Landform (hilislope, terrace, etc.): Subregion (LRR): Soil Map unit Narne: 4 NWI classification an the site typical Local relief (concave, convex, none): - Slope (%) { LaL' i" ('2 ice`. -� ' _ > . Long: _ Datura./j 21 .'7 Are climatic 1 hydrologic conditions Are Vegetatron . Soil Are Vegetation SUMMARY OF FINDINGS or Hydrology or Hydrology - Attach site for this tmne of year? Yes Y No significantly disturbed' naturally problematic? (If no. explain in Remarks.) Are "Normal Circumstances" present? Yes (If needed, explain any answers in Remarks.) No map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Sod Present? Wetland Hydrology Present? Remarks: Yes Yes Yes No '(- No No 'X Is the Sampled Area within a Wetland? Yes No 'ter VEGETATION - Use scientific names of plants. Tree Stratum (Plot size: ) 1 2. SaptinglShrub Stratum (Piot size ) 1. 3, 4. 5. Absolute Dominant Indicator % Cover Species? Status - Total Cover Herb Stratum (Plot size 1. ! Y1li-012,ts • r7 I kr)t f �:f S[rP. 2 -i l t ,, - T 4= S. 4. 5 6. 7. 8. _ = Total Cover 1 Trio, Woody Vine Stratum (Pot size' 1. 2. Total Cover Bare Ground in Herb Stratum - Remarks - Total Cover % Cover of Biotic Crust Dominance Test worksheet: Number or Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: _ _ (9) Percent of Dominant Species That Are OBL, FACWW. or FAC: (KB) Prevalence Index worksheet: _ Total % Cover of Multiply by:_ OBL species x 1 = FACW species x 2 = FAC species x 3 = - FACU species x 4 = UPL species x 5 = Column Totals (A) Prevalence Index = EVA = (B) Hydrophytic Vegetation Indicators: _ Dominance Test is >50% Prevalence Index is Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Hydrophytic Vegetation Present? Yes Na US Army Corps of Engineers Arid West - Version 2.0 1 SOL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators_) Depth Matrix (inches) Color fmgi_et}_ 54 Redox Features Calan tmoist) % Type' 'T •e: Loc` Texture Remarks G=Concentration, D=Depletron. RM -Reduced Matrix, CS=Covered or Coated Sand Grains 'Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) _ Histosol (A1) HisIi Epipedon (A2) _ Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) (LRR C) 1 cm Muck (A9) (LRR D) Depleted Below Dark Surface (All) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (S4) Restrictive Layer (if present): Sandy Redox (S5) Stripped Matrix (S6) Loamy Mucky Mineral (F1) Loamy Gieyed Matrix (F2) _ Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) Vernal Pools (F9) type: Depth (inches) Remarks: Indicators for Problematic Hydric Sons'; 1 cm Muck (A9) (LRR C) 2 cm Muck (A10) (LRR B) Reduced Vertic (F18) Red Parent Material (TF2) Other (Explain in Remarks) 'Indicators of hydrophyticvegetation and wetland hydrology must be present. unless disturbed or problematic Hydric Soil Present? Yes No HYDROLOGY Wetland Hydrology Indicators: Primary Indicators(minimum of one required: Surface Water (Al) Hugh Water Table (A2) Saturation (A3) Water Marks (51) (Nonriverine) Sediment Deposits (B2) (Nonriverine) Drift Deposits (63) (Nonriverine) Surface Soil Cracks (B&) Inundation Visible on Aerial Imagery (87) Water -Stained Leaves (89) Check ail that apply) Secondary Indir,.atOrg (2 or more required'I Water AAarks (51) (Riverine) Sediment Deposits (132) (Riverine) Drift Deposits (B3) (Riverine) Drainage Patterns (61 p) i Dry -Season Water Table (C2) _ Crayfish Burrows (C8) Saturation Visible an Aerial Imagery (C9) Shallow Aquitard (D3) FAC-Noutral Test (05) Salt Crust (B11) Biotic Crust (612) Aquatic Invertebrates (1313) Hydrogen Sulfide Odor (C1) Oxidized Rhizaspheres along Living Roots (C3) Presence of Reduced iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Field Observations: Surface Water Present? Yes No kr. Depth (inches): Water Table Present? Yes No }• Depth (inches): Saturation Present? Yes No }[ Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge. monitoring well, aerial photos. previous inspections), if available' Wetland Hydrology Present? Yes Remarks. US Army Corps of Engineers 1 Arid West- Version 2.6 ProlectISrte° i' �r- 5q. S2' -C -7a?? WETLAND DETERMINATION DATA FORM — Arid West Region City/County 1111f1 / SamplinDate: / ' 2. - J f Applicant/Owner • State: i' Sampling Point D V- Investtgator(s) � r1'_' Section, Township, Range: '""� (,, C T'7 Z (-3 SI g Landform (hillslope, terrace, etc.): Local relief (concave. convex, none): r'7 —{-- Slope (%) Subregion (LRR): E✓ Lai ;`;" IV 2f.• 1l5SOS Long: -11)1'42 3 , 5 '..,_ v Datum. /) 561 Map Unit Name: r iri, n .-•7 ' -1Y .-.�. -.--- l Are climatic/ hydrologic conditions on the Site typical for this�txne of year? Yes _ No (11 no, explain in Remarks ) Arc Vegetation l 1 Soil . . or Hydrology _ significantly disturbed? Am "Normal Circumstances" present' Yes — No Are Vegetation — __. Sal _ _, or Hydrology - . naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc_ NW! classification Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes - No Wetland Hydrology Present? Yes 'v.. No Remarks' L-' Is the Sampled Area within a Wetland? Yes No t.e1_6,1 Tr /1 "),11 " if tlt � . frilLet• 1 -'pit rr -t{, -. iitrti VEGETATION — Use scientific names of plants. Tree Stratum (Plot size: 1. Absolute Dominant Indicator Dominance Test worksheet: °✓ Cover Special? Status 2. 3 SaptnglShrub Stratum (Plot size: 1 2. 3. 4. 5. r Herb Stratum (Prot size 1 1;6(014- = Total Cover = Total Cover 2. ,Til " 1-:i:ti- r Ir'l •>:Y;traitlrt7 1 1 A 3 1 ' 1 `7 ;4, 4 of !,' 6 7. 8 = Total Cover Woody Vine Stratum {Plot size: 1. 2. = Total Cover % Bare Ground in 'Herb Stratum % Cover of Brotrc Crust Remarks. Number of Dominant Species That Are OBL. FACW, or FAC: Total Number of Dominant Species Across All Strata (Aj _ — (6) Percent of Dominant Species That Are OBL. FACW. or FAC: (ASB} Prevalence Index worksheet: Total % Cover of MUl(ip)yp- OBL species x 1 = FACW species x 2 = _ FAC species x 3 FACU species x 4 = UPI_ species x 5 Column Totals: (A) Prevalence Index = BJA = Wydrephytic Vegetation Indicators: Dominance Test is '50% Prevalence Index is 53.0' _ Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric sail and wetland hydrology must be present. unless disturbed or problematic.. Hyd rophytic Vegetation Present? Yes / No US Army Corps of Engineers 1 Arid West— Version 2.0 SOIL 5amplinry Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of Depth (inches) Matrix Cotar (moist) %v I .7) Redox Feature -s Color (moist) % T�voet Loc" ndic-ators.j Texture Remarks 'Type: C=Concentration. D=Depiction RM -Reduced Matrix, CS -Covered or Coated Sand Grains_ rLocatian: PL=Pore Lining. W. -Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators For Problematic Hydric Sails': Histosal (Al) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) (LRR C) 1 cm Muck (A9) (LRR 0) Depleted Below Dark Surface (Al 1) _ Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) Sandy Gleyed Matrix (54) Restrictive Layer (if present): Type: Depth (inches}: Remarks • Sandy Redox (55) Stripped Matrix (S6) - Loamy Mucky Mineral (I-1) Loamy Gleyed hrtatrix (F2) - Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (FY) i Redox Depressions (F$) Vernal Pools (F9) r 1 ern Muck (A9) (LRR C) 2 cm Muck (A10) (LRR 8) Reduced Vertic (F18) Red Parent Material (TF2) Other (Explain in Remarks) 'Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yews No HYDROLOGY Wetland Hydrology Indicators: Pnmary Indicators (minimum of one required check Surface Water (Al) High Water Table (A2) _ Saturation (A3) Water Marks (B1) (Nonriverine) __ Sediment Deposits (B2) (Nonriverine) _ []rift Deposits (B3) (Nonriverine) _ Surface Soil Cracks (Bi) Inundation Visible an Aerial Imagery (B7) -4 Water -Stained Leaves (B9) Field Observations: Su rtace'Nater Present? Water Table Present? all that appIy) Salt Cnist (811) Biotic Crust (B12) Aquatic Invertebrates (B13) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres along Living Root Presence of Reduad Iron (C4) Recent Iron Reduction in Tilted Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Yes No ,4 Depth (inches): Yes No } Depth (inches). Secondary Indicators (2 or more required) Wates Marks (BT) (Riverine) Sediment Deposits (B2) (Riverine) Drift Deposits (63) (Riverine) Drainage Patterns (610) (C3) _ _ _ Dry -Season Water Table (C2) _ _ Crayfish Burrows (C8) Saturation Vrsrble ori Aerial Imagery (C9) _ _ Shallow Aquitard (03) FAC -Neutral Test (D5) Saturation Present? Yes filo Depth (inches): Wetland Hydrology Present? Yes ' No (includes capillary fringe) Desrsibe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections). if available Remarks: US Army Corps of Engewers Arid West - Version 2 0 ■ LILk WETLAND DETERMINATION DATA FORM — Arid West Region LI 1,1 ProiecflSite: H r City/County: .%� -.'r Sampling Date:; t Applicant/Owner- Slate Sampling Point: t r r__ Investigator(s): f'..j ; Section, Township, Range: `-a ( 1 ie' S 'LAO Landform th illslope, terrace, etc): l \ , Local relief (concave, convex. none): i _ _ _ Slope (%); Subregion(LRR): CJ Lat. :214',21 :-;`t '_i'' Long: - - . - Datum: J5./ u S Soil Map Unit Name: 1 ! r -i,.t-•+- °. --- NWI classification_ Are climatic 1 hydrologic conditions on the site typical for this time of yeah Yes No - (If no, explain in Remarks) Are Vegetation Soil or Hydrology Are Vegetation Soil . • or Hydrology _ significantly disturbed? Are "Normal Circumstances" present? Yes No _ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydnc Soil Present? Yes No Wetland Hydrology Present'; Yes No y Remarks: VEGETATION — Use scientific names of plants. Is the Sampled Area within a Wetland? Yes i t e,Slreturp (Plot 5ize- 1. 3 4, Absolute Dominant Indicator % Cover Species? Status Sapling/Shrub Stratum (Plat saw: 1. 2. = Total Cover 3. 5. Herb Stratum (Plot size. 3_ L.d. = Total Cover 4 �(J�1i , { y!),rIi ,t Yl�u',util� rr JI G 6. 7. Woody Vine Stratum (Plot size. 1 = Total Cover Total Cover % Bare Ground in Herb Stratum % Cover of E1iotic Crust Remarks: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW. or FAC: Prevalence Index worksheet: Total % Cover of: Multiply by Ot3L species x 1 = FACW Species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 Column Totals: (A) Prevalence Index = F /A = Hydrophytic Vegetation Indicators: Dominance Test is >50% Prevalence Index is s3.4' Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophylic Vegetation' (Exp lain) (AiB (B) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Hydrophytic Vegetation Present? Yes Y US Army Corps of Engineers 1 Arid West— Version 2.0 SOIL Profile Description: (Describe to the depth Depth Matrix (inches) Delar (moist) .f, ) .1122. -LL Sampling Point needed to document the indicator or confirm the absence of indicators-) Redux Features Color (moist) % _ Type' La Texture L7, Remarks 'T •e: C= Concentration, DeDepletion, RM=Reduceit Matrix. CS -Covered or Coated Sand Grains Location_ PL -Pere Lining, M=Matrix. ydric Soil Indicators_ (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric 5oifs3: Histosol (Al) _ Hrstic Epipedon (A2) Black Hrstic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) (LRR C) 1 cin Muck (A9) (LRR D) " Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) _ Sandy Greyed Matrix (S4) Restrictive Layer (if present): Type: Depth (inches): Remarks. Sandy Redox (S5) Shipped Matrix (S6) Loamy Mucky Mineral (F1) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) _ Redox Depressions (F8) Vernal Pools (F9) HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of ane required: check Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (131) (Nonriverine) Sediment Deposits (62) (Nonriverine) Drift Deposits (53) (Nonriverine) Surface Sail Cracks (66) Inundation Visible on Aerial Imagery (57) Water -Stained Leaves (B9) Field Observations: 1 cm Muck (A9) (LRR C) 2ccmMuck (A10)(LRR B) Reduced Vertic (F18) Red Parent Material (TF2) Other (Explain in Remarks) 'Indicators of hydrophytic vegetation and wetland hydrology must be present. unless disturbed or problematic_ Hydric Soil Present? Y€5 No WI that apply,) Salt Crust (B11) Biotic Crust (1312) Aquatic Invertebrates (B13) Hydrogen Sulfide Odor (C1) Oxidized Rhizosphere along Living Roots (C3) Presence of Reduced Iran (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) _ Other (Explain in Remarks) econdary indicators (2 or more required) Water Marks (51) (Riverine) Sediment Deposits (132) (Riverine) Drift Deposits (63) (Riverine) Drainage Patterns (610) Dry -Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible an Aerial Imagery (C9) Shallow Aquitard (03) FAC --Neutral Test (05) Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present'? Yes No Depth (inches): includes ca • illar�fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos. previa Remarks: US Army Corps of Engineers Wetland Hydrology Present? Yes inspections), if available: Arid West - Version 2 0 WETLAND DETERMINATION DATA FORM - And West Region Praject/Site: _ 3' "'r - r• ApplitantlOwner: City/County: Inveshgator(s): A jou' =3 Sampling Date: State: sr'J Sampling Point: LfF_ `tr Section, Township, Range, 5 1? T&Is oL2- '0.1 Landform (hillslope. terrace, etc.): Local relief (concave, convex, none): r rSlope (%): Subregion (LRR): Lab .:gig°? l 1-1. `,;Jr R , . Datum: e a Soil Map Unit Name: (f AL -t.-.,.-..C.,-0 SIMI.. u- ,;-, IMM classification: — Are climatic / hydrologic conditions on the site typicaFfor this time of year? Yes \.` No - (If no, explain in Remarks_) Are Vegetation , Soil _ i • or Hydrology~ t,1 significantly disturbed' Are "Normal Circumstances' present? Yes - No Are Vegetation . Soil r \ . or Hydrology +' naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present'? Yes _ No Hydric Sod Present? Yes _ No Wetland Hydrology Present? Yes _ No Remarks: Is the Sampled Area within a Wetland? VEGETATION - Use scientific names of plants. Tree Stratum (Plot size: Absolute Dominant Indicator % Cover Species? Status 2. 3. Sapling/Shrub Stratum (Plot size: t. 2. = Total Cover 3. 4. Total Cover Herts Stratum (Plot size: ,rr 1 .[ 3 I ,.7. .x j .L 2. } I 1 '3 "F 4 5. 5. 7 8_ Woody Vine Stratum (Plot size: 2. ~ r -Total Cover = Total Cover • % Bare Ground in Herb Stratum - % Cover of Biotic Crust Yes Dominance Test worksheet Number of Dominant Species That Are OBL, FACW, or FAG: (A) Total Number of Dominant _ Species Across All Strata. (B) Percent of I)omrnant Species That Are OBL. FACW, or FAC _ (NB) Prevalence Index worksheet: Total % Cover of MultiotV by: OBL species �:- x 1 = _ } FACW species x 2 = FAC species x 3 = FACU species .-. _ x 4 = A r UPL species x 5= Column Totals: (A) `- (B) Prevalence Index =BrA= Hydrophytic Vegetation Indcators: Dominance Test is >50% Prevalence Index is s3.O' Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydnc sail and wetland hydrolo must be present- unless disturbed or problematic. '' Hydrophytic I Vegetation 1 Present? / Yes ' No Remarks: • US Arrny Corps of Engineers Arid West - Version 2.3 1 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix ItedQx Features ji nrhQs) _ Color (moist) %w Color (moist) % Tvcie' Loc Texture Remarks _ . is T' `s i iy , 1 1 'Type C=Concentration, D=Depketian, RM -Reduced Matrix, CS�Covered or Coated Sand Grains 'location: PL -Pore Lining, M -Matrix_ Hydric Soil Indicators; (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': Histasoi (Al) ` Sandy Redox (S5) 1 cm Muck (A9) (LRR C) Histic Epipedon (A2) _ Stripped Matrix (S6) 2 c:rn Muck (A10) (LRR 13) _ _, Black Histic (A3) — Loamy Mucky Mineral (F1) Reduced Vedic (F16) Hydrogen Sulfide (A4) Loamy Greyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (A5) (LRR C) Depleted Matrix (F3) _ Other (Explain in Remarks) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F6) Depleted Below Dark Surface (Alt) Depleted Dark Surface (F7) Thick Dark Surface (Al2) Redox Depressions (F8) 'Indicators of hydrophytic vegetation and Sandy Mucky Mineral (31) Vernal Pools (F9) wetland hydrology must be present, Sandy Gteyed Matrix (54) unless disturbed or problematic Restrictive Layer (it present;)_ Type: Depth (inches): Hydric Soil Present? Yes No t. Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one _ Surface Water (Al) High Water Tabre (A2) Saturation (A3) Water Marks (61) (Nonriverine) Sediment Deposits (B2) (Nonriverine) Drift Deposits (63) (Nonriverine) Surface Soil Cracks (66) Inundation Visible on Aerial tma Water -Stained Leaves (139) Field Observations: required: e (B7) check alt that apply) - Salt Crust (B11) - Biotic Crust (812) - Aquatic Invertebrates (B13) _ Hydrogen Suicide Odor (Ci) Oxidized Rhizospheres along Living Roots (C3) _ Presence of Reduced iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain rn Remarks) Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches), _(includes capillaryfringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available Secondary Indicators (2 or more required) Water Marks (131) (Riverine) Sediment Deposits (62) (Riverino) 4 Drift Deposits (83) (Riverine) = Drainage Patterns (610) Dry -Season Water Table (C2) Crayfish Burrows (CS) Saturation Visible on Aerial Imagery (09) Shallow Aquitard (D3) FAC -Neutral Test (D5) Wetland Hydrology Present? Yes "', No Remarks: US Army Corps of Engineers And West -Version 2-0 1 11S1 r i 7 WETLAND DETERMINATION DATA FORM-- Arid West Region Projert/Site: Applicant/Owner: Investigator(s): Landform (hillslopeterrace, etc.): Subregion (LRR). i Soil Map Unit Name 114;:5:' CitylCounty Sampling Hate: - State: - Sampling Point: (2') - Section, Township. Range: Local relief (concave, convex, none) -- - Slope (%): .� Lal Long _sem Datum: Are drmatic 1 hydrologic conditions on the site typical for this time of year? Are Vegetation . Soil Are Vegetation . Soli SUMMARY OF FINDINGS — or Hydrology or Hydrology Attach site rn Yes significantly disturbed? naturally problematic? NWI classification_ No (If no. explain in Remarks.) Are "Normal Circumstances" present? Yes No (If needed, explain any answers in Remarks.) p showing sampling point locations, transects, important teatttres, Hyd rophy tic Vegetation Present Hydric Soil Present? Wetland Hydrology Present? Remarks: Yes Yes Yes Is the Sampled Area within a Wetland? Yes No VEGETATION — Use scientific names of plants. Tree Stratum (Plot size: 2. 3- 4 Absolute Dominant Indicator Dominance Test worksheet: Cover Species? Status Number of Dominant Species That Are OBL, FACW. or FAC: Total Number of Dominant Species Across All Strata: (13) - {A) Sapling/Shrub Stratum (Plot size: 1. 2 3. 4. 5. = Total Cover Herb Stratum (Plot size: _ } 1. -.1) i7/j4►'I�1 y ' ti 4 3 4- 5 6. 7. 8. 454 ni = Total Cover Percent of Dominant Species That Are OBL. FACW, or FAC: (Are WoodHine Stratum (Plot size: L 2 % Bare Ground in Herb Stratum ,1 = Total Cover = Total Cover % Cover of Biotic Crust Prevalence Index worksheet: Total % Cover of: Multiply bv: OBL species x 1 = FACW species x 2 = FAG species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) Prevalence Index = EVA = (B) Hydrophytic Vegetation Indicators: Dominance Test is >54% Prevalence Index is s3.0' Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Hydrophytic Vegetation Present? Yes Remarks: Pay US Army Corps of Engineers 1 And West - Version 2, 0 SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators_) Depth Malnx Redox Features finches) Color (moist) _ % rolorfrneist) % Type' Loc' Texture Remarks + 1 c /i, `Type- C=Concentration, D=Depletion, RM=Reduced Matrix, CS, --Covered or Coated Sand Grains, 'Location: PL=Pore Lining, M=Malnx. Hydric Soil Indicators: (Applicable to all LRRs. unless otherwise noted_) Indicators for Problematic Hydric Soils': Histosol (Al) _ Sandy Redox (55) _ 1 cm Muck (A9) (LRR C) Hrstic Epipedon (A2) — Stripped Matrix (SG) 2 cm Muck (A10) (LRR B) Slack Histic (A3) Loamy Mucky Mineral (F1) — Reduced Vetere (F18) Hydrogen Sulfide (A4)T Loamy Gleyed Matrix (F2) Red Parent Material (TF2) Stratified Layers (AS) (LRR C) _ Depleted Matrix (F3) Other (Explain in Remarks) 1 cin Muck (A9) (LRR 0) Redox Dark Surface 1F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark. Surface (Al2) Redox Depressions (F$) 'Indicators of hydrophylic vegetation and Sandy Mucky Mineral (81) Vernal Pools (F9) wetland hydrology must be present, L _ Sandy Gleyed Matrix (S4) unless disturbed or problematic. Restrictive Layer (if present): Type: Depth (inches): - - - Hydric Soil Present? Yes No Remarks HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one required., check Surface Water (Al) High Water Table (Az) Saturation (A3) Water Marks (B1) (Nonriverine) _ Sediment Deposits (132) (Nonriverine) Drift Deposits (B3) (Nonriverine) _ Surface Soil Crams (B6) Inundation Visible on Aerial Imagery (B7) water -Stained Leaves (B9) all that apply) Salt Crust (B11) Biotic Crust (B12) Aquatic invertebrates (B13) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres along Living Roots (C3) Presence of Reduced Iron (C4) _ Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present' Yes No _ _ Depth (inches) Saturation Present? Yes No - Depth (inches)_ _ nctudes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, pr Remarks: Secondary Indicators (2 or more reuir Water Marks (B1) (Riverine) Sediment Deposits (B2) (Riverine) Drift Depose's (133) (Riverine) Drainage Patterns (610) _ - Dry -Season Water Table (C2) _ _ Crayfish Burrows (C8) Saturation Vrsrbte on Aerial Imagery (C9) Shallow Aquitard (03) _ FAC -Neutral Test (D5) Wetland Hydrology Present? Yes No r vious inspections). if available US Army Corps of Engineers Aria West Ver Tori 2 r WETLAND DETERMINATION DATA FORM - Arid West Region Project/Site: [ 'i L. Applicant/Owner 1. } CitylCounty: (;:til ' ' .1 Sampling Date: ` ;1.13+ r p i 4J ti State: C' "' Sampling Point ` :L, Investigators): ; 1 ; Section. Township, Range: 3 f ;p Ie . - Landform (hillslope, terrace, etc.): Local relief (concave, convex. none): Scope (%): Subregion (LRR): _ Lat. ii.. s ' _ -. '" Long: - Datum: ;^% AIR r• Soil Map Unit Name' 1 1 li t r^'a,_ is c*:. -,- ' Are climatic 1 hydrologic condiions on the site typical for this time of year? Yes -A( No (If no, explain in Remarks.) Are VegetatioryNri Soil Nisi or Hydrology ___ significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Sod or Hydrology • naturally problematic' (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. NW1 classification: -� Hydrophytic Vegetation Present? Yes `tit No Hydric Soil Present? Yes *':. No Welland Hydrology Present? Yes 7- No Remarks: Is the Sampled Area within a Wetland? VEGETATION - Use scientific names of plants. Tr Stratum. (Plot size: 1. 2. 3. Absolute Dominant Indicator % Cover Species? Status Sapline/Shrub Stratum (Piot sizc i 2. } 3 - Total Cover 4 Herb Stratum (Plot size: ) 1 ' 1 4 2. .=r "11rk'eropt•'tt11$(.4A-145e 3. 4, - Total Cover 6. 7, Woody Vine Stratum (Piot size: 1. - Total Cover % Bare Ground in Herb Stratum = Total Cover % Cover of Biotic Crust Remarks. Dominance Test worksheet: Number of Dominant Species That Are 061, FACW, or FAC: (A) Total Number el Dominant Species Across Afl Strata. (g} Percent of Dominant Species That Are OBL, FACW, or FAC: (AMB) Prevalence index worksheet Total % Cover of: Muitiply by. OBL sees x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UK species x 5 = Column Totals: (A) (B) Prevalence Index = R+A Fiydrophytic Vegetation Indicators: _ Dominance Test is >50% Prevalence Index is s3.01 Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Hydrophytic Vegetation Present? US Army Corps of Engineers r Arid Wet - Version 2.4 SOIL Sampling Point Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (itches) Color (moist) Color (moist) �_ Tvo& — LQG _ Texture Remarks 'Type:_ C=Conoerrtrativn,Dr-Depletion, RM=Reduced Matrix. CS=Gavered or Coated Sand Grains. 'location: PL=Pore Lining. M=Matrix. Hydric Sot"( Indicators: (Applicable to all LRRs, unless otherwise noted_) Indicators for Problematic Hydric Soils': a Histosol (Al) Sandy Redox (S5) _ Histic Epipedon (A2) — Stripped Matrix (56) Black Histic (A3) Loamy Mucky Mineral (F1) Hydrogen Sulfide (AA) Loamy Gleyed Matrix (F2) Stratified Layers (AS) (LRR C) Depleted Matrix (F3) 1 cin Muck (A9) (LRR D) Redox Dark Surface (F6) Depieted Below Dark Surface (A11) _ Depleted Dark Surface (F7) Thick Dark Surface (Al2) _. Redox Depressions (F8) _ Sandy Mucky Mineral (St) , Vernal Pools (F9) Sandy Gleyed Matrix (S4) Restrictive Layer (if present): Type: Depth (retches) - Remarks: _ 1 crn Muck (A9) (LRR C) 2 cm Muck (A10) (LRR B) Reduced Vedic (F18) J Red Parent Material (TF2) Other (Explain in Remarks) 'Indicators of hydrophyticvegetation and wetland hydrology must be present, unless disturbed or problematic Hydric Soil Present? Yes HYDROLOGY Wetland Hydrology Indicators: Pnmay Indicators (minimum of one required: Check Surface Water (Al) High Water Table (A2) Saturation (A3) _ Water Marks (B1) (Nonriverine) Sediment Deposits (B2) (Nonriverine) _ _ Drift Deposits (63) (Nonriverine) Surface Sof Cracks (66) Inundation Visible an Aerial Imagery (67) Water -Stained Leaves (69) all that amply) Salt Crust (B11) Biotic Crust (812) Aquatic Invertebrates (613) Hydrogen Sulfide Odor (C1) Oxidized Rhizaspheres along Living Roots (C3) Presence of Reduced Iron (C4) Recent Iran Reduction in Tilled Soils (C6) Thin Muds Surface (C7) Other (Explain in Remarks) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, mandoring well, aerial photos, previous inspections), if available. Secondary Indicators (? or more required) Water Marks (91) (Riverine) _ Sediment Deposits (92) (Riverine) Drift Deposits (63) (Riverine) Drainage Patterns (910) Dry -Season Water Tail (C2) Crayrfsh Burrows (C8) Saturation Visible on Aerial Imagery (C9) Shallow Aquitard (63) FAC -Neutral Test (D5) Wetland Hydrology Present? Yes \.. No Remarks' US Arany Corps of Engineers Arid West — Version 2.0 - 7` .'7 C) 7 ,X35 WETLAND DETERMINATION DATA FORM Arid West Region Project/Site r c r City/County: _ s Sampling fate Applicant/Owner�Y state:tSampling Point, R'_ 1 Investigator) s[ 'o - Section. Township, Range: 5(.5 et (a ,t Landform (hiltslope, terrace. etc.): — Local relief (concave, convex. none): Slope (%): Subregion (LRR): lei _ Sod Map Unit Name: 1 ri( `' 1 \c -,t' Lat: 3 RI's - a - Long: Ji L. _ - _ Datum: NWI cla5sr ication: 1 Are climatic 1 hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation i Soil • or Hydrology - _ significantly disturbed? Ari Normal Circumstances"' present? Yes No Are Vegetation Soil • or Hydrology naturally problematic? (If needed, explain any answers in Remarks_) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ;"`. No Hydric, Soil Present? Yes No Wetland Hydrology Present? Yes No Remarks: Is the Sampled Area within a Wetland? Yes F No r„r,a-rti 7/( ' ,y ,„7 I) VEGETATION — Use scientific names of plants. Tree Stratum (Plot size: 1. Absolute } Absolute Dominant Indicator Dominance Test worksheet: % Cover Species, Status 2. 3. Sapling/Shrub Stratum (Plot site: 1 2. 3. Number of Dominant Species That Are 013L.. FACW, or FAC: (A) Total Number of Dominant Species Across All Strata, - - (t3) = Total Cover Herb Stratum (Plot size 2. 3., 4. 7. Percent of Dominant Species That Are OBL. FACW, or FAC: Prevalence Index worksheeet: _ Tetal_% Cover of- Multiply bv: OBL species x 1 = FACW species x 2 = FAC species x 3 = = Total Cover FACU species x 4 = _ UPL species x t = Column Totals: (A) �V. A �?/►]t7 K.ix:f►rD !?-lilt" �lr 1.'u!6i i-1 :a Woody Vine Stratum (Plot size- Prevalence Index = EVA = - - A') W I l j r ! Hydrophytic Vegetation Indicators: �i� = = Total Cover _ Dominance Test is >50'Yo Prevalence Index is 53A' Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Tobi Cover Hydrophytic Vegetation % Bare Ground in Herb Stratum - % Cover of Biotic Crust Present? Remarks: No U$ Arrny Corps of Engineers And West — Version 2.0 SOIL Sampling Point [_ Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth r rG w ),� Color (moist'r % 1 Matrix Redox Features Color (rnarstl % Type' Loc` Texture Remarks fr __ r. TypeC=Concentration. D -Depletion, RM=Reduced Matrix. CS -Covered or C Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Hrstosol (A1) Sandy Redox (S5) _ l-Iistic Epipedan (A2) Stripped Matrix (S6) Black Histic (A3) Loamy Mucky Mineral (F1) Hydrogen Sulfide (Ad) Loamy Gleyed Matrix (F2) Stratiitred Layers iA5) (LRR C) Depleted Matrix (F3) 1 cm Muck (A9) (LRR D) Redox Dark Surface (F5) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (Al2) Redox Depressions (F8) Sandy Mucky Mineral (Si) _ Vernal Pools (F9) Sandy Gleyed Matrix (S4) Restrictive Layer (if present): Type: Depth (inches): dated Sand Grains_ `Location; PL=Pore Lining, M Matrix_ Remarks: Indicators for Problematic Hydric Sails': 1 Cin Muck (A9) (LRR Ci -- 2 cm Muck (A10) (LRR B) Reduced Vedic (F18) _ Red Parent Material (TF2) Other (Explain in Remarks) 'Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic, Hydric Soil Present? Yes No HYDROLOGY Wetland Hydrology Indicators: Primary Indicators Minimum of one required' check all that apply] Surface Water (Al) High Water Table (A2) Saturation (A3) Water Marks (61) (Nonriverine) Sediment Deposits (B2} (Nonriverine) Drift Deposits (B3) (Nonriverine) Surface Soil Cracks (B6) Inundation Visible an Aerial Imagery (B7) Water -Stained Leaves (139) Salt Crust (B11) Biotic Crust (812) Aquatic Invertebrates (B13) Hydrogen Sulfide Odor (01) Oxidized Rhizospheres along Living Roots (C3) Presence of Reduced iron (C4) Recent Iron Reduction in Tilled SoiLS (06) Thin Muck Surface (C7) Other (Explain in Remarks) Fiekl Observations: Secondary Indicators (2 or marc required) Water Marks (B1) (Riverine) Sediment Deposits (B2) (Riverine) Drift Deposits (83) (Riverine) Drainage Patterns (B10) _ Dry -Season Water Table (C2) Crayfish Burrows (08) _ _ Saturation Visible on Aerial Imagery (C9) Shallow Aquitard (03) FAC -Neutral Test (05) Surface Water Present? Yes No - Depth (inches)_ Water Table Present" Yes No Depth (inches): Saturation Present? Yes No Depth (inches): _ includes ca . illa inn e Wetland Hydrology Present? Yes Describe Recorded Data (stream gauge, monitonng well, aerial photos, previous inspections). if available - Remarks; 415 Arrny Corps of Engineers 1 Arid West - Version 2.0 Project Area Frontier Paving Section 18, T6S, R92W; 6th PM UTM NAD 83: Zone 13N; 267991 mP, 4378516mN Latitude, Longitude: 39.524633N, 107.703116'W USGS Silt, CO Quadrangle Garfield County, Colorado 0 1,000 2000 Feet Figure 1 Site Location Prepared for; SGM File: 5061 Figure 1.mxd [651 August 2011 ERG) ERO Resources Corp. Pardons ab this dacumen1 j„dudm rnrelPedud prape,y al ESOP and Its lie ensars and ore used herein under license. CepyrEghr 2010 ESRJ and ds lieenmrcs. WI rlghrs reser.ed. PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION: Frontier Paving Facility A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): October 2011 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Aleta Powers, ERO Resources Corp., PO Box 932, Hotchkiss, CO 81419 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: CO County/parish/borough: Garfield City: Silt Coordinates of site (lat/long in degree decimal format): Lat: 39.524633°N Long: 107.703116°W Universal Transverse Mercator: Zone 13N; 267991 mE, 4378516mN Name of nearest waterbody: Unnamed Drainage tributary to Mamm Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: 150 linear feet: 2-3 width (ft) and/or about 0.01 acres. Cowardin Class: Riverine, ephemera! Stream Flow: not flowing at time of review Wetlands: 0.247 acres (5 wetlands) Cowardin Class: Palustrine persistent emergent Name of any water bodies on the site that have been identified as Section 10 waters: None Tidal: Non -Tidal E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY) ❑ Office (Desk) Determine. Date: ®Field Determination. Date(s): 9-26-11 F. SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply) --checked items should be included in case file and, where checked and requested, appropriately reference sources below: ®Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: EData sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheet/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable water' study: ❑ U.S. Geological Survey Hydrological Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps. n U.S. Geological Survey map(s). Cite scale and quad name: Silt (digital) DUSDA Natural Resources Conservation Service Soil Survey. ❑ National wetlands inventory maps(s). Cite name: ❑ State/Local wetland inventory maps(s): CI FEMA/FIRM maps: CI 100 -year Floodplain Elevation is: N1 Photographs: x❑Aerial (Name and Date): USDA 2009 ElOther (Name and Date): ERO Resources, 9-26-11 ❑ Previous determination(s): File no. and date of response letter: 0 Other information (please specify) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) `1.t�.... 11/7/11 Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Site Number Latitude Longitude C owardiClass n Estimated amount of aquatic resource in review area Class of aquatic resource Unnamed 39.5254 -107.7043 Riverine, 0.01 Stream Drainage _ - ephemeral Wetland 1 39.5246 -107.7038 Palustrine persistent emergent 0.060 Wetland Wetland 2 39.5241 -107.7037 Palustrine persistent emergent 0.001 Wetland Wetland 3 39.5261 -107.7042 Palustrine persistent emergent 0.067 Wetland Wetland 4 39.5261 -107.7055 Palustrine persistent emergent 0.008 Wetland Wetland 5 39.5263 -107.7054 Palustrine persistent emergent 0.121 Wetland City of Rifle Public Works Departmen EXHIBIT u 202 -Railroad Avenue, Rifle, CO 81650 • Phone: 970-665-6555 • Fax: 970-625-6268 • www.rif!eco.orq Watershed Permit Application Property Information) Address: 4 o'Q Q CQ a ffo.k. S f; ,iz 5.-os...t i o{2 `?-0 a'IV.rcAa,,Ai 4 cost -n.4.4_ 3 c c¢ n C.,,n - 4a 315 41.7 GLARQom# st Or74k6 GrF1ck.12 eD• 3 pC7v 5 / Q "ch , USGS Quarter Location:f 14 L ;IV 5e<1 -',,,U 1R Townosis=jam _. A 4:5 72 w,251- a F fh, 6 * /111 j., Access to Property: C I".. r a m rrt c rp . d) Brief Description of Application (Provide additional Sheets as necessary) TO CrV11•610E Cs, SSR.. $,r C.L) o1,c._14iaat okat", je�CSCblys ./),--0 CC Ss:cvc, "Pax,: 1: j'` C Q n4'r4.c:i'or 5 J I J t f 4rc SI -Dr -4.,0 O -F rs�crch:4)erks 12 E, u- •.,'Z, men 'i- or in ; oc_C+ -7~s. GEnJ,,rM{,! SQru; oz. j , eS113_11 1:sJ, me!i)' c n Ct fee F sSsO.ur;l ii-Fr.'C :!n ii Ai D f S 6 Instructions for Submittal • Original completed applications must be provided along with two (2) Copies. • Incomplete applications will not be accepted and will delay processing. • All documents, plans, plats, etc. submitted shall be no larger than 8 112" x 14" in size or folded to that or a smaller size. • Attach check made out to City of Rifle in the amount of $250,00. STAFF USE ONLY Applicant: Phone # Fees: (date) Application Received (date) Permit Application Number: - Watershed — Colorado/ Beaver (circle one) 1/2 (rev. 8-30) . Project Team information (fHI in all that apply) (add additional sheets if needed): Property Owner(s): Name: r'ocJZ ►l2SL- L Address: J NI Poa(O 3,0 & [ LAD as f -k Authorized Representative; (if different cram owner) Name: J 1 S.`Cnoii Phone: 990 -E"),6- 09/6 . Coto. ig>i 6 4.1 `') Address: 6 54 -(eat - i9 l�rl �GeETd Developer/Subdivider: Name Phone: Igo- 389 -?I oo5. r Noss (0/o. 160) Phone: 99v •gig -C15/ e, Address: /b / 6)wa'1 leoa_ Q 3/J I1).12-toGs-11r2 / (010_, gI6 ri Engineer(s): Name: OE( -i-" S i`m a so 3 Phone: 9 90- 38'1' OO 5. Address: 1) leJ , 6 ft f-ro_cf..) . ; 2oc is1r2_•0k70C( 50e. (-o oa ! G Billable party: ArOwner® Representative 0 Developer El Engineer Billable Party The Billable Party, by signing below, hereby agrees to reimburse the City the actual costs to the City for engineering, surveying, and legal services rendered in connection with the review of the Application_ The Billable Party agrees that interest shall be imposed at rate of 1.5% per month on all balances not paid within thirty (30) days of the date of the statement. In addition to any and all remedies available to theCity and in the event the City is forced to pursue collection of any amounts due and unpaid, the City shall be entitled to collect attorney's fees and costs incurred in said collection efforts in addition to the amount due and unpaid_ d22rQrock ikso.rce5 .LLL Name (printed) Chi s 1� E-/) Ls.2 u r ' P/N ) 0)i} (0s.s,ni) Q[aL I) A e'ul 1 &s / , Coin. R/6.11 Address City/Town Zip Code 7c—gr) — 0 Phone iAtie4—. -bat-i-u-V4,Y Si nature 7 Type of Identti�fication� County of '�"/4i?` / i / j� State of (0 IZ.S' sworn to and subscribed before me this By LVA- 01-1-5 1-5 (1 I (name printed) VZ�y hand and o tial seal. G �G //if: 414,"1 Notary Piejtc— My Commission expires /,$)--i'// i P4 `)C)-`")6- o`l8 Fax SS y / day of (fill in month) (fill in year) 212 (rev. 8-30) BEDROCK RESOURCES, LLC December 12, 2011 Mr. Rick Barth, P.E. City of Rifle Public Works Department 202 Railroad Avenue Rifle, Colorado 81650 RE: Watershed Permit Application Dear Rick, Please allow this letter of transmittal to help in the application process. Division 2: (3) (4) (5) Y Charles Ellsworth a. See Tab A - Major Impact Review (MIR) b. See Tab C - Sheet 1 — Survey Map (MIR) c. There Are No Buildings Within 50 Feet d. See Tab C - Sheet 2 — Existing Conditions Map (MIR) e. See Tab C - Sheet 3 thru 9 (MIR) f. See Tab C - Sheet 3 & Sheet 9 — Erosion Control g. All fill material is shown on plans. h. See Tab E - Sheets Ll thru L4 (MLR.) Also See John Taufer Letters Dated September 26, 2011 in Tab G (MIR) i. See Tab A - 1"=2000' Vicinity Map (MIR) j. See Attached Flood Plain Maps - None on Property See SGM Letter Dated 12/12/2011. a. See Tab C - Sheet 3 & Tab D — Drainage Report (MIR) b. See Tab E - Sheet Ll thru L4 and John Taufer Letters dated September 26, 2011 in Tab G c. See Tab F - HP Geotech - Geotechnical Engineering Study d. See Tab F - HP Geotech - Geotechnical Engineering Study e. See SGM Letter Dated 12/12/2011 f. See SGM Letter Dated 12/12/2011 1014 County Road 311 New Castle, Colorado 81647 970-989-5394 Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg . 1313 Sherman Si..Denver. Colorado 80203 (303) 866-3581 BEDROCK RESOURCES LLC 1014 COUNTY ROAD 311 NEW CASTLE, CO 81647- (970) 876-0916 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER 287244 DIV. 5 WD 45 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY 1/4 SE 1/4 Section 18 Township 6 S Range 92 VV Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line UTM COORDINATES (Meters2one:13,NAD83) Fasting: Northing ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDFTIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit dues not ensure that no injury will occur to another vested water right or prelude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump installation Contractors in accordamoe with Rule 18 3) Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37.92-602{1)(fj. Use of this well is limited to monitoring water levels and/or water quality sampling. This well Is known as Bedrock Resources Monitoring/Observation Well no. 1. 4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request 6) Upon conclusion of the monitoring program the well owner shall ptug this welt in accordance with Rule 16 of the Water Weil Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 7) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate. and shall take necessary means and precautions to preserve these markings. 8) This wet must be constructed by or under the supervision of a licensed well drifter or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated. a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. 9) A Well Construction and Test Report {Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction. the report must include an as -built drawing showing details such as depth. casing, perforated zones. and a description of the grouting type and interval. 10) Pursuant to Rule 6.2.3 o1 the Water Well Construction Rules. the well construction contractor shall submit the as -built well location on work reports required by Rule 17.3 within 60 days of completion of the well. The measured tor -alien must he accurate to 200 feet of the actual location. The location information must include a CPS location (UJTM coordinates) pursuant to the Division of Water Resources' guidelines. NOTE: Issuance of this perm/ does not guarantee that this well can be converted to a production well under a future permit Additionally. pursuant to Rule 14.2 of the Water Well Construction Rules (2 CCR 402-2), monitoring holes constructed pursuant to a monitoring hole notice shall not be convened to a production well. (Upon obtaining a permit from the State Engineer, a monitanng hote may be convened to a monitoring well, recovery well for remediation of the aquifer, or a dewatering system for dewatering the aquifer.) NOTE: Section 18 is an irregular "Narrow" section. NOTE: Parcel identification Number (PIN): 23-2179-184-00-720 NOTE: Assessor Tax Schedule Number R043559 (totaling 35.72 acres) � �`f i�O, APPROVED DIM ,Receipt No. 9503513 State Engi Oda_ By DATE ISSUED 12-14-2011 EXPIRATION DATE 12-14-2013 SGHMUESER GORDON MEYER GLENw000. SPR4NGS ENGINERS!SURVEYORSS December 12, 2011 Mr. Rick Barth, P.E. City of Rifle 202 Railroad Avenue Rifle, Colorado 81650 RE: Bedrock Resources, Inc. Watershed Permit for the City of Rifle Dear Rick, 1 1 8 WEST SIXTH STREET, SUITE 2C0 GLENWOOD SPRINGS, CO 8 ISO 1 970..945, 1 004 970.945.5948 FAX The purpose of this letter is to respond to the submittal requirements listed in the City's Watershed Regulations, section 13-2-110 (4) and (5). Section 13-2-110 (4) requests the applicant to provide a document identifying any activity that may present or create a foreseeable risk of injury to the City's waterworks or pollution to the City's water supply, along with a specific description of the measures, including best management practices, that will be employed by the applicant to obviate such risks. Please note that the property, in its current condition, is that of an undeveloped parcel principally of agricultural use with the upper and lower portions of the site being non- irrigated pasture lands. The site is separated between the upper and lower portions by an arid hillside with native grass and sage brush. The site is proposed to be changed into an industrial use consisting of an asphalt batch plant, materials storage, shop and office. As such, without implementing best management practices to retard developed runoff to historic rates and to treat drainage water for sediment and floatable pollutants there could be a foreseeable impact to the City's water supply. Likewise, proper management of dust and fuel storage related to the batch plant activities need to have the proper BMP's implemented. In accordance with the watershed permit regulations, it is the intent of this letter to provide guidance to the reader in their review of the submittal documents for the proposed use in the Major Impact Review documents submitted to Garfield County. Relative to obviating the perceived risks to the City's waterworks please note the following. Drainage Control- Tab Q of the MIR review documents contains the drainage report and calculations. The drainage report describes the proposed method of handling the "developed" drainage from the site. Prior to discharge from the site, all waters developed on the site will have passed through the final detention pond where the water will be treated for both floatable pollutants and sediment. Note that three ponds will be used in this project for the purpose of limiting runoff from the site to levels below the historic rate of runoff. In fact, the historic rate of runoff for the 25 year, 24 hour event is calculated at 5.16 cfs while the developed rate of runoff from the site, after having been throttled by the 3 ponds will be reduced to 3.82 cfs. Likewise, for the 100 year 24 hour event, the historic rate of flow is 11.53 cfs while the developed flow rate has been throttled down to 7.61 cfs. ASPENGUNNISQN GRRNO JUNCTION MEEKER 101 FOUNDERS PLACE, UNIT 102 I03 WEST TONIICHI AVE. 573 WEST CRETE CIRCLE 320 THIRD STREET PO Sox 2155 SUITE A BUILDING 1 , SUITE 205 MEEKER. CO 81641 ASPEN, CO 8 1 G 1 1 GUNNISON. CO GRAND JUNCTION. CO 81505 970.87$,51 80 970.925.6727 970.641.5355 070.245.2571 970,678.4181 FAX 970.925.4157 FAX 970.641 .5358 FAX 970.245.287 1 FAx SCHMUESER I GORDON I MEYER ENGINEERS! S URVEYORS Attached hereto are three sheets that describe the outlet structure to be constructed on the outlet to Pond 3. This structure will provide the means to force settling of sediment and will trap floatable pollutants. Note that the pond will need periodic maintenance (particularly through construction) to make sure that volumes are maintained and trapped pollutants are properly collected and disposed. _ Erosion Control- Tabs D and E of the MIR also contains the information describing the proposed landscape plan for the project. Sheet 11 of the drawings (Tab C) describe the Erosion Control Plan BMP's to be employed during construction and maintained throughout the period needed to establish the mature vegetation described in the landscaping/erosion control plan. 3. Water Use Analysis- Tab G contains the Water Supply Report for this project. It is intended to supply potable water demand to the shop and office through the development of an on-site well. This well will be backed by the proper legal source of water through coordination and contracting with the West Divide Water Conservancy District. Likewise, the upper pond will serve as the location for the fire storage pond necessary to provide proper fire protection to the proposed facilities. The well will also be used to provide water to the pond to sustain the necessary fire storage volume. 4. Geotechnical!Soils/Geology- Tab F contains the geotechnical report for the project as prepared by H -P Geotech. 5. Individual Sewage Disposal System- Tab F contains the Wastewater Treatment Report for the project. It is intended to provide the site with an ISDS consisting of a septic tank and leach field. Percolation tests and excavation of the profile hole have proven the acceptability of the on-site soils to support the development of an ISDS that will meet CDPHE and County regulations for such. Upon your review of this letter with the enclosures and referenced review documents, if you have any questions, please don't hesitate to call. Res .i- ctfu I ly, ESE DON MEYER, INC. Jeffere Principal Simonson, PE, CFM Cc: Charles Ellsworth, Bedrock Resources. LLC 1:12011\2011-402.001 Frontier Mamrn\B Calcs\Watershed Permit.doc r L JV 1 SSES-1179 (0L61 00 'NO51NNnO L2L9-s26 (0L6) oavao1o0 'N3d ' 91765-5176 COL6) XH3 1700 1-5176 COL65 1 09 18 oavao-100 'sON1adS anoMN370 002 alanS ' S 119 'M 9 f f 'ONI 'L13A31A1 NOa IOO 83S3f1WHOS Qc Lk. Et S U O A 3 A an s 1 S U 3 3 N 1 4 N 3 H3A3W 1 NOaucE 1 f11A1HDS ro: 'le se 640.11141 D( DsoD 641411 til0 11. �J4O•thiSt � „ DSDD60.416%.68 trof Dom. D D( 046141/4r44111:4 6r) 64 ar....1r....•••• w WWtt GSC5-i179 (OL 6) Qa 'HOStNNnO LZL9-526 (OL6) Cav's0100 'Nadsy 8b6G-G 6 IOL6) XYJ t.001-5-176 00[6) 10g 18 oorda1O3 'S8Nlad$ QOOMN3-1g 002 3.tlnS '133a1S 1-119 'M 9 1 I 'ONI `83,'31A1 NQO8oO 835311WNoS SMOA3AUrIS 1 9a33N10N H3)3161 C N0C7dOD C H S3nwHQs 9 Vi N zzzi ‘C We Lu 4 ct Lir 14.1 to et, kJ IN- NC� QIQ �- 2 1 ec m a T ILO „C1 „ Z l N 11 4 20" SCHMUESER 1 GORDON 1 MEYER ENGINEERS 1 SURVEYORS SCHMUESER GORDON MEYER, INC. 1 1 8 W. STH STREET, Sulre< 200 GLENWOOD SPRINGS, COLORADO 81 601 (970) 945— f 004 FAX (970) 945-5948 ASPEN, COLORADO (970) 925-5727 GUNNISON, CO (970) 641-5355 3OF.3 J EXHIBIT Organic Growers LLC 5454 County Rd 346 Silt, CO 81652 561-866-6822 January 8, 2012 Garfield County Commissioners Building and Planning. Department 108 8th Street Glenwood Springs, Colorado 81601 RE: Asphalt Plant MIPA-7030 Bedrock Resources LLC Dear Commissioners I am writing to you today in reference to the above application for a Land Use Change Permit. I am strongly against the approval of any Land Use Change for the following reasons. Approximately two years ago, I purchased the acreage which is adjacent to the subject property for use as a USDA certified organic farm. I have spent substantial amounts of money to build greenhouses so that we are a showcase for organic and sustainable farming. In fact Nathan Linguist, City Planner from Rifle, recently brought VIP guests to the property to show that Garfield County and Rifle supported sustainable farming. We also have brought employment to 40 plus people in the County. An organic farm and Asphalt plant do not belong anywhere near each other. There is no way avoid the smell and noxious fumes that emanate from an asphalt plant. Also the other requested accessory uses are not compatible with our organic farm. A storage facility, recycling facilities and Contractors yard are unsightly and can also pollute the air and water. Any land use other than agricultural must be prohibited. This location is agricultural and must remain agricultural. 1 ask that you deny any land use change on the subject property. Thank ° ou in as ance. Sheri Sack Organic Growers LLC January 8, 2012 EXHIBIT Eagle Springs Organic LLC 5454A County Rd 346 Silt, CO 81652 954-249-5674 Garfield County Commissioners Building and Planning Department 108 8'f' Street Glenwood Springs, Colorado 81601 RE: Asphalt Plant M1PA-7030 Bedrock Resources LLC Dear Commissioners I am writing to you today in reference to the above application for a Land Use Change Permit. I am strongly against the approval of any Land Use Change for the following reasons. Approximately two years ago, I purchased 1,200 acres which are surrounding the subject property. My property was well suited for my intended use, which is a USDA certified organic farm. I have spent substantial amounts of money to build greenhouses and a solar project on my property so that we are a showcase for organic and sustainable farming. I also have built my personal residence on the property in order to continue growing the farm. Along with organic produce, we have cattle, goats, sheep and chickens, clean air and water is essential. An organic farm and Asphalt plant do not belong anywhere near each other for the following reasons: Toxicity • Asphalt plants emit fumes that are known to contain toxins. Various government agencies, including the U.S. Environmental Protection Agency (EPA), has given statements about asphalt processing plants and other asphalt manufacturing facilities throwing out air pollutants like hexane, phenol, polycyclic organic matter, formaldehyde and toluene. The exposure to these dangerous toxics can cause various central nervous system problems as well as liver damage, respiratory problems, cancer and severe skin irritation. Carcinogenic Effects • The trucks that carry the asphalts to and from the asphalt plants are exposed to chemicals like polycyclic aromatic hydrocarbons as well as others very fine condensed particulates. Tests conducted by the New Jersey Department of Health and Senior Services have shown that the polycyclic hydrocarbons can be carcinogenic to humans. These trucks seem to be a source of the problem. They throw out large amounts of emissions that have been considered to be harmful to human health. Another study carried out by the New Jersey agency says that the fumes coming out of an asphalt plant "may cause wheezing, coughing, headaches, nausea and, in some cases, severe irritation of the skin." Real Estate and Health Issues • Research conducted by the Blue Ridge Environmental Defense League has revealed that the creation of asphalt processing plants near residential places has decreased the value of real estate by around 50 percent. This is because there has been a nearly 20 percent average increase in the health issues like high blood pressure, sinus problems, shortness of breath and severe headaches. The health issues surrounding asphalt plants have led to controversies, with different sides coming up with reasons for and against the production of asphalt plants in some areas. There are many other suitable locations in Garfield County for an asphalt plant, in fact I believe that there are other asphalt plants in the County. Any Contractors Yard, Recycling yard or Storage facility is unacceptable. This location is agricultural and must remain as such. I ask that you deny any land use change on the subject property. Thank you in advance. 'CEOKenneth Sack --- CEO Eagle Springs Organic LLC 4 MESA COUNTY HEALTH DEPARTMENT Customer 1 and M Pump, Inc. 8611-117 Rd Glenwood Springs, CO 81601 Mesa County Health Department Regional Laboratory 510 295 Rd, Grand Junction, CO 81504 US Mail; PO Box 20,000, Grand Junction, CO 81502-5033 (970) 248-6999 fax (970) 683-6608 http://health.mesacounty.us}lab EXHIBIT I X Sample Invoice # 4791-11 Date Time Collected By Collected 12127/2011 1:00 PM Rick System Ellsworth Received 12/28/2011 10:43 AM MAMM Corte Matrix Raw Water Silt CO 81652 Purpose Special Purpose Chlorine Location Well Comments Test Name Total coliforms PA Result ABSENT Coliform/ABSENT E. coli or less than ane (<1), indicates a microbiologically safe sample 12/29/2011 9:20:26 AM Client Name: Welt Location: Well Depth: Pump Type: Pump Set Depth: .//-,, • , C 716 Tele: M:\CREdatafiles1worksheets\p um pte std ata sh eet2 010. xl s am Depth to Water Pumping Date Timey' /pm Min Ft Inches Rate Notes / J . 7,./i /I, +L f d/7: 0 ._-. 4 2 I 1 // ' 2, 57/ / „ - 3 RkI 7,, 4 5 -' »S ° ,4'/, /1' 6, 6 _// J' ,C- ., 8 4/7 / 10 -4/ -,, ', 12 ': 15 - `% , 20 C/-, ' / 30 '20/ ' i-/' 45 //'F'O 60 /G'/ 90 /'7.' 7` /.,VGti 120 /36 ' , " /„ /.40 .1,L__/_,5; 180 /,? ' r 7 210 �/ :i' iv', 240 / V? f' 300 / r :2 r 3'tr' 360 .,- 4(f061 1I't " / M:\CREdatafiles1worksheets\p um pte std ata sh eet2 010. xl s Client Name: Well Location: Well Depth: Pump Type: Pump Set Depth: f7'//;1 ,ak', - f?it 14-2.4" -231 r Tele: MACREdatafiles‘worksheets‘pumptestdatasheet2010 xis am Depth to Water Oumping Date Time /pm Min Ft Inches Rate Notes _ /,://-2*/.0 ' /e !re" I 9 ( 1 . 0 2271 / " 1 2-7.7/ , 2 224 ' (2 3 2 7- Z' — 4 2 ,;f.." i„ . --.- " 5 ---e- 6 10 __2.23-' / _12 15 20 224 1-1 ' 30 4,2/ 7 ' 45 r9iiL7 Irl II Cr 60 ,214 4 ' 90 A711, 120 -:744 i " 150 180 ,2/'-/. z ' 210 2 ,/,/ rr" 12:4'r 240 ,2,,e:,1, 6? ' 300 360 _2//?" ' 610 21 :,c err .;,,- it'll, i 7:' .7 thIr / ' it 441e27 i',;,' AU,' .,'' en- ' i z 1191t!' 4;5" I MACREdatafiles‘worksheets‘pumptestdatasheet2010 xis 5 EXHIBIT 2 - January 11, 2012 Glenn Hartmann Building and Planning Garfield County, Co Dear Mr. Hartmann: I am responding to a request for information concerning the Bedrock Resources LLC application to, among other things, operate an asphalt batch plant in the vicinity of the Garfield County Regional Airport. The area of concern is Land Use Compatibility and Air Space Protection. According to the Airport Noise Control and Land Use Compatibility study, AC 150/5020-1 manufacturing and production facilities are compatible in the vicinity of the Garfield County Regional Airport provided that a Federal Aviation Administration (FAA) 7460-2 "Determination of no hazard to air navigation" is obtained. Upon reviewing the Avigation Easement on parcel 217918400720 for air space protection, I require Bedrock Resources LLC to comply with the notice to and direction from the Federal Aviation Administration's 7460, Notice of Proposed Construction, requirements. With approval and compliance to any FAA requirements the Garfield County Regional Airport has no objections to this proposed project as presented. Any alterations, additions or change in location or height of structure/s, building's, tree's, or any other object that extends into the airspace shall require new approval from the FAA and notice to the Garfield County Regional Airport. I hope you have found this information useful and I appreciate the continued support of the Building and Planning department in the protection of the Garfield County Regional Airport. Please let me know if I can assist any further. Sincerely, Brian Cone Brian Condie C.M Airport Director t i^'C i ct AVIGATION AND HAZARD EASEMENT WHEREAS, Specialty Taverns Inc. hereinafter called Grantor, is the owner in fee of that certain parcel of land known as Parcels 2379€7300723, 217917300719, 217918400720, and 217917400722 which is situated in the County of Garfield, State of Colorado in the vicinity of the Garfield County Regional Airport, hereinafter called "Grantor's Property," and, WHEREAS, THE BOARD OF COMMISSIONERS OF GARFIELD COUNTY, Colorado, hereinafter called "Grantee," owns and operates the Garfield County Regional Airport, hereinafter called "the Airport," and is the sponsor of the Airport under terms of the federal Airport and Airway Improvement Act, NOW, THEREFORE, in consideration of the sum of Thirty two thousand two hundred sixty one and 13/100 Dollars ($32,26 1.13) and other good and valuable consideration, the receipt and sufficiency of which is hereby aclatowledged, the Grantor, for himself, his heirs, administrators, personal representatives, successors and assigns, does hereby grant, bargain, sell and convey unto Grantee, its successors and assigns, for the use and benefit of the public, an easement and right-of-way appurtenant to the Airport, including any additions thereto hereafter made by the Grantees or its successors and assigns, for the unobstructed use and passage of all types of aircraft ( "aircraft" being defined for purposes of this instrument as any device now known or hereafter developed, invented, designed or used for navigation of or flight in air) by whomsoever owned or operated, in and through the navigable air space above the surface of Grantor's Property and to an infinite height above said Grantor's Property, together with the right to cause, in all air space above the surface of Grantors' Property, such noise and vibrations; smoke and fumes; deposits of dust, fuel particles, and other particulate matter and any and all other effects which may be incident to or caused by the normal operation of aircraft taking off: landing, or otherwise operating at or on the Airport. Grantor hereby waives, remises and releases any right or cause of action or claim for damages which he may now have or which he may have in the future against Grantee, its successors and assigns, due to any such noise, vibrations, smoke, fumes, deposits of particulate matter, lights and radio emissions from aircraft and/or the Airport and all other effects which may be caused or may have been caused by the operation of aircraft landing at, taking off from, or operating at, on or near the Airport at any time of day or night and on any day of the week. Nothing stated in the foregoing waiver, grant, and release shall divest the Grantor, his heirs, personal representatives, successors and assigns from any right or cause of action for damages to any person or property resulting from the unlawful or negligent operation of any aircraft at any altitude over and across Grantor's Property. TO HAVE AND TO 1-IOLD said easement and right of way, with all rights appertaining thereto, unto the Grantee, its successors and assigns until the Airport shall be abandoned and shall cease to be used for public airport purposes. FURTHER, Grantor recognizes and hereby agrees and covenants, for himself, his heirs, administrators, personal representatives, successors, and assigns, to comply with the Federal Aviation Administration ("FAA") regulation Part 77 (Objects Affecting Navigable Airspace) including the submittal of FAA form 7460-1, Notice of Proposed Construction or Alteration (available in the office of the Airport Director ), prior to undertaking any construction on Grantor's Property - Notwithstanding this Easement, Grantor reserves the right to construct, erect, alter or grow upon Grantor's property any building, structure, tree or other object extending into the airspace, If the FAA form 7460-1 identifies an obstruction that may adversely affect aviation safety, the Airport and or FAA may then negotiate and offer just compensation to the Grantor as needed for the preservation of unobstructed over flight activity. Just compensation may be determined by mutual agreement, arbitration or though the judicial system. Further, nothing in this easement shall be construed as limiting or restricting Grantor (and/or its successors in interest) from building on, occupying or using Gr'antor's Property in any manner and for any type of land use. The aforesaid covenants and agreements shall run with the land and shall be forever binding upon the heirs, administrators, personal representatives, successors, and assigns of the Grantor. Page 1 of 3 SAEC/11 cry -mous � • f IN WITNESS WHEREOF 4 , the Grantor has hereunto set his hand and seal thisr I day of 7ge a14"- , 2008. STATE OF CA ) )ss. COUNTY OF iLL ) 7-004.) 15. TAU- E U- IC -1-V 4 Std z.41 --- The ' - T e foregoing instrument was acknowledged before me this 4 4day of 0,/e 4 , by 'SAW 3), f Ii c Her.. Witstess my hand and official seal. My commission expires: 3 - w !0 Notary Pubfic ..,�. LYNETTE M. KELWM �. Commission # 1653359 Notary Public - California t Orange County My Comm. ExpBes Mar 21. 2010 Page 2 of 3 SUBORDINATION In consideration of the premises and to assure Grantee of the continued benefits accorded it under this Avigation and Hazard Easement, , Mortgagee/Obligee/Lien Halder/Lender, identified in the Mortgage/Deed of Trust, dated and recorded at Book , Page of the records of the Garfield County Clerk and Recorder, and associated documents covering Grantor's Property, above- described, does hereby covenant and agree that said Mortgage/Deed of Trust shall be subject to and subordinate to this Avigation and Hazard Easement and the recording of this Avigation and Hazard Easement shall have preference and shall be superior to said Mortgage/Deed of Trust, irrespective of the date of making or recording of said security instrument(s). STATE OF COLORADO COUNTY OF GARFIELD by Mortgagee/Obligee/Lien Holder/Lender By its: (Title) )ss. ) The foregoing instrument was acknowledged before me this - day of (Name) , (Title) and an authorized representative of (entity name), a -- (state and form of business entity) on behalf of the (from of entity). Witness my hand and official seal. My commission expires: Notary Public Page 3 of 3 Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76137 Issued Date: 01/10/2012 Charles Ellsworth Bedrock Resources, LLC. 1014 County Road 311 New Castle, CO 81647 Aeronautical Study No. 2011-ANM-2945-OE EXHIBIT IAA- DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Building Lime Silo Location: Rifle, CO Latitude: 39-31-25.87N NAD 83 Longitude: 107-42-07.54W Heights: 5588 feet site elevation (SE) 43 feet above ground level (AGL) 5631 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) X_ Within 5 days after the construction reaches its greatest height (7460-2, Part II) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 07/10/2013 unless: (a) (b) extended, revised or terminated by the issuing office. the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E -FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION Page 1 of 3 _ OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power . Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the. FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. If we can be of further assistance, please contact our office at (816) 329-2508. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2011-ANM-2945-OE. Signature Control No: 153296739-156996802 Vee Stewart Specialist Attachment(s) Map(s) Page 2 of 3 (DNE) TOP° Map for ASN 2011-ANM-2945-OE ° 7 • fol•-• •• ••••• • • .1. :toe t (-!' • s.. -.-7;e2 • — ; • '.; -:,,s,,••)-1..„ N', 'N..— : .. f . r.-:,--r-z:,-77. .. • — .:or ..,. • _ t ' • - 1 ...:". ::..., c' J., - .-t: '...,. lq. •• ,. e **E-k e'e" • Sy. •,t -•-,1 y -3i Page 3 of 3 :