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Home My WebLink About20111908.tiff • INVENTORY OF ITEMS FOR CONSIDERATION AppLica At Varra Company, Inc. case Nuw'.ber USR-1760 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form Planning Commissioner Field Check Form Letter to Applicant Affidavit of sign posting Legal Notifications 2 Application X Maps Deed/Easement Certificate Surrounding Property/Mineral Owners Utilities • 3 Referral List X Referrals without comment West Greeley Soil Conservation District, referral dated November 30, 2010 Weld County Airport Authority referral dated December 1, 2010 Western Hills Fire Protection District, referral dated December 1, 2010 4 Referrals with comments X State of Colorado, Division of Water Resources, referral dated November 30, 2010 V State of Colorado Geological Survey referral dated December 17, 2010 City of Greeley, referral dated December 17, 2010, June 2, 2011 Weld County Department of Public Works, referral dated December 28, 2010 &January 17, 2011 , Cyr Lt.. i9, Zcio Weld County Department of Building Inspection, referral dated December 29, 2010 Weld County Department of Public Health and Environment, referral dated January 17, 2011 Colorado Department of Transportation, electronic referral dated EXHIBIT November 30, 2010, filial 3, 2.c,u g Denver Airport District Office, electronic referral dated June 6, 2011 i3�f • Efu-rja , r-z 4reyca4 Olt r l ---Liu. )3,Zc N 2011-1908 • 5 Surrounding Property Owner pj 6 PC Exhibits j/A • I herebu certi fu that the 4 items idewtifi.ed hereiw were submitted to the Departwtewt of Plawwiwg Services at or prior to the scheduled Plawwiwg Cohtmissiowers heariwg. Kivu Ogle ❑ Plawwer • 1861 - 2011 LAND USE APPLICATION SUMMARY SHEET WELD ' O NTY Planner: Kim Ogle Case Number: USR-1760 Hearing Date: July 12, 2011 Applicant: Varra Companies, Inc 8120 Gage Street Frederick, Colorado 80516 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining (sands, gravels and stones), materials processing including concrete or asphaltic batch plants and/or concrete or asphaltic recycling operations in the 1-3 (Industrial) Zone District • Legal Part NW4, NE4 & NE4, NW4 of Section 9; and part S2 S2 Section 4, all in Description: Township 5 North, Range 65 West Location: North of 16'"Street and East of Ash Avenue Size of Parcel: 102.87+/- Parcel No.: 0961-04-0-00-015; 0961-04-0-00-016; 0961-09-1-00-002; 0961-09-1-00-003, 0961-09-2-00-012, 0961-09-2-00-013, 0961-04-3-02-008 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses with comment from the following agencies: • State of Colorado, Division of Water Resources, referral dated November 30, 2010 • State of Colorado Geological Survey referral dated December 17, 2010 • City of Greeley, referral dated December 17, 2010, June 2, 2011 • Weld County Department of Public Works, referral dated December 28, 2010 &January 17, 2011 • Weld County Department of Building Inspection, referral dated December 29, 2010 • Weld County Department of Public Health and Environment, referral dated January 17, 2011 • Colorado Department of Transportation, electronic referral dated November 30, 2010 • Denver Airport District Office, electronic referral dated June 6, 2011 EXHIBIT Varra Companies,Inc.,USR-1760, Page 1 D ' • The Department of Planning Services' staff has received responses without comment from the following agencies: • West Greeley Soil Conservation District, referral dated November 30, 2010 • Weld County Airport Authority referral dated December 1, 2010 • Western Hills Fire Protection District, referral dated December 1, 2010 The Department of Planning Services'staff has not received responses from the following agencies: • State of Colorado, Division of Reclamation Mining and Safety • State of Colorado, Division of Wildlife • Weld County Zoning Compliance • Weld County Planning Landscape • Weld County School District RE-6 • Merit Energy • Noble Energy • Conquest Oil Company Rural Ditch Company • DCP Midstream • City of Evans • City of Garden City • Federal Aviation Administration • United States Army Corps of Engineers • Weld County Sheriffs Office • • Varra Companies, Inc., USR-1760, Page 2 • 1861 - 2011 SPECIAL REVIEW PERMIT W E L ' ' O N T Y ADMINISTRATIVE REVIEW Planner: Kim Ogle Case Number: USR-1760 Hearing Date: July 12, 2011 Applicant: Varra Companies, Inc 8120 Gage Street Frederick, Colorado 80516 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining (sands, gravels and stones), materials processing including concrete or asphaltic batch plants • and/or concrete or asphaltic recycling operations in the 1-3 (Industrial) Zone District Legal Part NW4, NE4 & NE4, NW4 of Section 9; and part S2 S2 Section 4, all in Description: Township 5 North, Range 65 West Location: North of 16th Street and East of Ash Avenue Size of Parcel: 102.87+/- Parcel Number: 0961-04-0-00-015; 0961-04-0-00-016; 0961-09-1-00-002; 0961-09-1-00-003, 0961-09-2-00-012, 0961-09-2-00-013, 0961-04-3-02-008 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-5-80.B (CM.Goal 2) states, "Promote the reasonable and orderly development of mineral resources." The proposed use would be compatible with surrounding • properties which include agricultural lands, river bottom lands and floodplain designated lands. Further, Colorado State Statute § 34-1-305 addresses the preservation of commercial mineral deposits for extraction. Varra Companies, Inc.,USR-1760, Page 3 (1) "After July 1, 1973, no board of county commissioners, governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor." (2) "After adoption of a master plan for extraction for an area under its jurisdiction, no board of county commissioners, governing body of any city and county, city, or town, or other governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or inaction, permit the use of any area containing a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor." (3) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority which has control over zoning from zoning or rezoning land to permit a certain use, if said use does not permit erection of permanent structures upon, or otherwise permanently preclude the extraction of commercial mineral deposits by an extractor from, land subject to said use." (4) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or other • governmental authority which has control over zoning from zoning for agricultural use, only, land not otherwise zoned on July 1, 1973." (5) "Nothing in this section shall be construed to prohibit a use of zoned land permissible under the zoning governing such land on July 1, 1973." (6) "Nothing in this section shall be construed to prohibit a board of county commissioners, a governing body of any city and county, city, or town, or any other governmental authority from acquiring property known to contain a commercial mineral deposit and using said property for a public purpose; except that such use shall not permit erection of permanent structures which would preclude permanently the extraction of commercial mineral deposits." B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the (I) Industrial Zone District. Section 23-3-330.D.7 of the Weld County Code provides for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility including Open Pit Gravel Mining (sands, gravels and stones), materials processing including concrete or asphaltic batch plants and/or concrete or asphaltic recycling operations in the I (Industrial) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site contains Industrial zoned lands that have historically been utilized for cattle grazing and farming. Later the property was utilized for wastes generated from the sugar beet industry, the previous owner prior to Varra acquiring the lands in 2007. The proposed use, mineral extraction initially and reclaimed as water storage basins would be compatible with surrounding properties which include • industrial zoned and agricultural zoned lands and land uses, residential development to the South, the Leprino Foods Manufacturing Plant and supporting structures and mineral resource facilities Doeringsfeld Varra Mine [AmSUP-345, initially permitted in 1978 and Varra Companies,Inc.,USR-1760, Page 4 • amended in 1986]. The applicant is not proposing to install a vegetated berm at the boundary as there is already separation from adjacent land uses. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The surrounding property is primarily agricultural in nature with a few homes in the area. The site in zoned 1-3, Industrial, yet currently contains agricultural land uses with the proposed land use compatible with surrounding properties which include gravel operations in the general vicinity, AmSUP-345 DoeringsfeldNarra mine. The City of Greeley in their referral dated December 17, 2010 provided several advisory statements including the coordination of the reclamation of the site with the adopted East Greeley Study. The applicant's have stated that reclamation of the site will be addressed in such a way as it enhances the natural habitat of the river corridor, and by default minimizes the negative impacts and treat them as an amenity. Adjacent land uses to the south include a rural residential development pattern on large tracts of land sited in close proximity to 16th Street with livestock and/or commercial operations. These properties are within the Union Colony Lands subdivision and are at a higher elevation than the proposed mine site. The materials processing including concrete or asphaltic batch plants and/or concrete or asphaltic recycling operation component will be sited a minimum of four hundred fifty (450) feet from property line in the southeast quadrant of the site, identified in the site drawings as Tract A. Condition of Approval "L" requires a Noise Abatement Plan to be submitted and approved, and Development Standard number 10 restricts the noise level to the Industrial standard as delineated in Section 14- • 9-30 of the Weld County Code. Planning Staff believes that, with the endorsement of the Conditions of Approval, contained in this recommendation, the approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. E. Section 23-2-220.A.5 -- The application complies with Section 23-5-230 of the Weld County Code. The proposal is located within the Flood Hazard Overlay District area as delineated on FIRM Community Panel Map #080266-0637C dated September 28, 1982 for the Floodplain. Flood Hazard Development Permits will be required for all structures in the Floodplain, however, no permanent structures or stockpiling of materials are permitted in the Floodway. Building Permits issued on the Lots will be required to adhere to the following fees. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program.(Ordinance 2011-2) Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The property to be mined contains no"Prime" agricultural lands, thus, no prime farm land will be taken out of production with this proposal. The subject site is primarily classified as other land as delineated on the Important Farmlands of Weld County map, dated 1979. The entire site holds post sugar beet processing organic materials over an aggregate mineral resource • of sands, gravels and stones. Section 22-5-80A.1.CM.Policy 1.1. states"access to future mineral resource development areas should be considered in all land use decisions in Varra Companies,Inc.,USR-1760, Page 5 • accordance with state law. No County governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance or other official action or inaction, permit the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor'. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. H. Section 23-4-250 -- Additional requirements for Open-mining have been addressed through this application and the Development Standards will insure compliance with Section 23-4-250 Weld County Code. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Service's staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The applicant shall submit a Mitigation Plan to the Weld County Planning Department for • review and approval. This plan shall include specifications of any proposed berms. The proposed berms will be extended to mitigate impacts to surrounding properties and adjacent road rights-of-way. The applicant shall use breaks in the berm with appropriate screening materials to fill the void, culverts, or some other method that will allow water to flow freely. (Department of Planning Services) B. The applicant shall address the requirements of the Department of Public Works, as stated in their referral responses dated December 28, 2010. Written evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) C. The applicant shall address the requirements of the Department of Public Health and Environment, as stated in their referral response dated January 17, 2011. Written evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) D. The applicant shall address the requirements of the City of Greeley, as stated in their referral response dated December 17, 2010, with follow-up electronic email of June 2, 2011. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) E. Section 22-5-100.A of the Weld County Code states "oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses." Section 22-5-100.6 of the Weld County Code states "...encourage cooperation, coordination and communication between the surface owner and the mineral owner/operators of either the surface or the mineral estate." Section 22-5- 100.6.1 of the Weld County Code also states "new development should be planned to • take into account current and future oil and gas drilling activity to the extent oil and gas development can reasonably be anticipated." The applicant shall either submit a copy of Varra Companies,Inc.,USR-1760, Page 6 • an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) F. The applicant shall address the requirements (concerns) of State of Colorado Division of Water Resources, as stated in the referral response dated 30, 2010. Written evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Planning Services) G. A Flood Hazard Development Permit (FHDP) is required in order to construct any type of building, place fill, or conduct mining operations within the FEMA designated floodplain Please note that it may be necessary to utilize hydraulic modeling showing the impact of mining on adjacent properties. For FHDP modeling purposes, it will be necessary to utilize the Army Corps of Engineers modeling that has been accepted by FEMA. Written evidence from the Department of Public Works that the application has been conditionally approved shall be provided to the Department of Planning Services. (Department of Planning Services) H. The applicant shall provide a detailed drawing of the access points showing entrance and exit lanes with adequate turning radiuses, paving to the scale house area, small paved parking lot to accommodate customers, circulation pattern on the immediate area including employee parking, truck parking area et cetera to the Department of Public Works. Written evidence shall be submitted to the Department of Planning Services. • (Department of Public Works) Evidence shall be provided to the Department of Planning Services that all vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. Evidence of approval shall be submitted in writing to the Department of Planning Services. (Department of Planning Services) J. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) K. The applicant shall submit a dust abatement plan for review and approval, to Environmental Health Services, Weld County Department of Public Health & Environment. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) L. The applicant shall submit a noise abatement plan for review and approval, to Environmental Health Services, Weld County Department of Public Health & Environment. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) M. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing areas shall capture all effluent and prevent discharges from the washing • of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should Varra Companies,Inc.,USR-1760, Page 7 • be designated on the plat. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) N. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) O. The Division requires that an odor abatement and response plan be submitted prior to operation of the facility. This plan shall be implemented at the request of the health department in the event that odor levels detected off site of the facility meet or exceed the odor limit as specified by the Colorado Revised Statues. The plan shall also be implemented in the event that the Health Department receives a significant number of odor complaints and in the judgment of the Director of Public Health, there exists an odor condition requiring abatement. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) P. In the event that 1 or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Q. The applicant shall submit evidence, from the Colorado Division of Water Resources, • demonstrating that the well and substitute water supply plan are appropriately permitted for the industrial use or provide a will serve letter from a water district. This requirement is for water that will be utilized for potable uses as well as dust control. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) R. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) S. The applicant provided a copy of Storm Water Management Plan application as submitted to the State. Please provide a copy of the approved permit once it has been obtained. The applicant is required to comply with all Colorado Department of Health and Environment, Water Quality Control Division regulations regarding storm water quality permitting and protection and construction storm water discharges. (Department of Public Works) • T. The applicant shall complete all proposed improvement including those regarding access improvements and parking lot requirements or enter into an Improvements Agreement Varra Companies, Inc.,USR-1760, Page 8 • according to policy regarding collateral for improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. (Department of Planning Services) U. The applicant shall submit written or electronic evidence, from the FAA documenting that Form 7460-1 -- Notice of Proposed Construction or Alteration has been submitted, reviewed and approved, or alternatively, written or electronic evidence that Form 7460-1 is not applicable. (FAA) V. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) 2. The plat shall be amended to delineate the following: A. All sheets of the plat shall be labeled USR-1760. (Department of Planning Services) B. The on-site parking, site access, site circulation, site entrance and exit lane requirements and auxiliary lanes as approved by the City of Greeley, Department of Public Works, and the Department of Planning Services. (Department of Planning Services) • C. The location of any on-site signs. (Department of Planning Services) D. Oil and Gas encumbrances including gathering lines with appropriate setbacks shall be delineated on the plat. (Department of Planning Services) E. Setbacks to the mining operation are measured from the right-of-way or future right-of- way lines plus the standard setback of 25 feet in the Industrial zone district. No structure will be allowed in the future right-of-way. F. Please show the locations of the topsoil, overburden, and product stockpiles on your maps. Note that stockpiles cannot be placed in the floodway and stockpiles located within the 100-year floodplain must be shown to have no impact on the water surface elevations on the adjacent properties not owned by the applicant. Stockpiles must also be oriented to be parallel to the flood flows in order to minimize the impact to adjacent properties. (Department of Public Works) G. All future and existing City of Greeley and County Roads shall be delineated on the plat including their existing and future right-of-way. (Department of Planning Services) H. All known and recorded easements and rights-of-way that may be present on site. (Department of Planning Services) I. Drill envelopes shall be delineated on the plat in accordance with the State requirements should an oil and gas surface use agreement not be completed and/or recorded. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) • Varra Companies, Inc.,USR-1760, Page 9 • 3. One month prior to construction: A. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wa/PermitsUnit for more information. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) B. The County, in cooperation with the City of Greeley, is requiring a tracking pad to prevent tracking of mud and gravel on to the paved roadway. The tracking pad may consist of either 300 feet of asphalt or concrete pavement with adequate turning radiuses on to Ash Avenue or 100 feet of asphalt or concrete pavement with double cattle guards. (Department of Public Works) C. The applicant shall provide written approval for the proposed access points from the City of Greeley. (Department of Public Works) 4. Prior to construction: A. A building permit shall be obtained prior to the construction or placement of any structure such as a scale, concrete and asphalt plant, office, recycling plant, office trailer and any other structures placed on the parcels. An electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted when applying for building • permits showing all structures with accurate distances between structures, and from structures to all property lines. (Department of Building Inspection) 4. Prior to issuance of the Certificate of Occupancy: A. An individual sewage disposal system (ISDS) is required and shall be installed according to the Weld County Individual Sewage Disposal Regulations. A vault is an acceptable ISDS. (Department of Public Health and Environment) 5. The Special Review activity shall not occur nor shall any building permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 6. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners. (Department of Planning Services) 7. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required thirty (30) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. (Department of Planning Services) • Varra Companies, Inc.,USR-1760, Page 10 • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Varra Companies, Inc. USR-1760 1. A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining (sands, gravels and stones), materials processing including concrete or asphaltic batch plants and/or concrete or asphaltic recycling operations in the 1-3 (Industrial) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) • 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 6. The applicant shall operate in accordance with the "waste handling plan". (Department of Public Health and Environment) 7. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 8. Any vehicle washing area shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the dust abatement plan at all times. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 11. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility at all times. (Department of Public Health and Environment) 12. Sewage disposal for the facility shall be by septic system. Any septic system located on the • property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) Varra Companies, Inc., USR-1760, Page 11 • 13. Portable toilets may be utilized on sites that are temporary locations of the working face and portable processing equipment, et cetera for up to six months at each location. (Department of Public Health and Environment) 14. Bottled water shall be provided to employees at the temporary locations of the working face at all times. (Department of Public Health and Environment) 15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, at all times. (Department of Public Health and Environment) 16. The applicant shall comply with the Drinking Water section of the Water Quality Control Division of the Colorado Department of Public health and environment if applicable. (Department of Public Health and Environment) 17. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. (Department of Public Health and Environment) 18. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 19. If applicable, the applicant shall obtain a storm water discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of • Public Health and Environment) 20. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining & Safety. (Department of Public Health and Environment) 21. The operation shall comply with the Mine Safety and Health Act (MSHA) (Department of Public Health and Environment) 22. The operation shall comply with the Occupational Safety and Health Act (OSHA) (Department of Public Health and Environment) 23. The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. (Department of Public Health and Environment) 24. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 25. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. (Department of Planning Services) 26. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. (Department of Planning • Services) 27. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. (Department of Planning Services) 28. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. (Department of Planning Services) 29. Where topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the reclaimed areas. (Department of Planning Services) 30. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180. (Department of Public Works) 31. Prior to vacation of the USR, if mining has occurred, a Letter of Map Revision (LOMR) must be approved by the Federal Emergency Management Agency (FEMA) pursuant to floodplain regulations codified in the Code of Federal Regulations (CFR) Title 44 Parts 60 and 65. (Department of Public Works) 32. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate a velocity increases, diversions, concentration and/or . unplanned ponding of storm run-off. (Department of Public Works) 33. The site must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 34. The site is located within the FEMA mapped Zone A 100-Year Floodplain and the floodway. Weld County Code Section 23-5-250 prohibits development including but not limited to the construction of buildings and the placement of fill (stockpiles) within the floodway. (Department of Public Works) 35. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 36. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. (Department of Public Works) 37. If any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site, the Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. (Department of Planning Services) 38. A building permit shall be obtained prior to the construction or placement of any structure such as a scale, concrete and asphalt plant, office, recycling plant, office trailer and any other • structures placed on the parcels. An electrical permit will be required for any electrical service to • equipment. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. (Department of Building Inspection) 39. A plan review is required for each building for which a building permit is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. (Department of Building Inspection) 40. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2008 National Electrical Code; 2006 International Fuel Gas Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 41. Each structure set on a foundation will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) 42. Building wall and opening protection and limitations and the separation of buildings of mixed occupancy classifications shall be in accordance with the Building Code. Setback and offset distances shall be determined by the Weld County Code. (Department of Building Inspection) 43. Building height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in • order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. (Department of Building Inspection) 44. Effective April 25, 2011, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2) (Department of Planning Services) 45. Effective April 25, 2011, Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2) (Department of Planning Services) 46. Should human remains be discovered during mining activities, the requirements under State law C.R.S. part 13 apply and must be followed. (Department of Planning Services) 47. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. • 48. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. • 49. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. 50. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 51. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 52. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The county shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Division 4 of the Weld County Code in order to reestablish any Use by Special Review. (Department of Planning Services) 53. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) • • Varra Companies,Inc.,USR-1760, Page 15 • 1861 - 2011 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE - GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 • .-__ FAX: (970) 304-6498 WELD_,000NTY u June 1,2011 Christopher Varra Varra Companies, Inc. 8120 Gage St. Frederick CO 80516 Subject: USR-1760- A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (sands, gravels and stones) and Materials Processing including concrete or asphaltic batch plants and/or recycling operations in the 1-3(Industrial)Zone District on a parcel of land described as Part NW4, NE4 & NE4, NW4 Section 9; and part S2 S2 Section 4, all in T5N, R65W of the 6th P.M.,Weld County, Colorado. Dear Applicants: • I have scheduled a meeting with the Weld County Planning Commission on July 12, 2011, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado. A subsequent hearing will be held on July 27, 2011 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 101" Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at http://www.co.weld.co us/Departments/Plann IIngZoninq/Plann' i/Plann' inq Department/index.html If you have any questions concerning this matter, please call. Respectfully. D' ^ Reasollyn: signed by Kristine Ra om Reason: am the author n this document Location:1555 N 17th Ave Date:2011.06 01 15:09:03-06'00' Kim Ogle • Planner PLANNING COMMISSION AND BOARD OF COUNTY • COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JULY 2, 2011 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING OPEN PIT GRAVEL MINING (SANDS, GRAVELS AND STONES), MATERIALS PROCESSING INCLUDING CONCRETE OR ASPHALTIC BATCH PLANTS AND/OR CONCRETE OR ASPHALTIC RECYCLING OPERATIONS IN THE I-3 (INDUSTRIAL) ZONE DISTRICT KIM OGLE Name of Person Posting Sign LR,,, • Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me thisosfm day of JL t , 2011 WITNESS my hand and official seal. M1 2 ",\\ .c.).1..y� I °Jl( Y,WU)Notary Public My Commission Expires: • , ". . . '7:7it, ill e ' .♦ 11 1 , . r• ..:-i i , i 41 _../.. • .34..' / t,ti ' . 1 I % 1.,N1:11.?:.4 . 4 , ,., , , h t,., . 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Nis 'gr-t a- r �L. 1 "g� � .n + ,,, r Y Part*•_ r View towards site • �r�r .. , _.__ - _ .' • j2 • � ,_ . . • ,, it '' - '•-'• r. ,4 , k .'i� �.3' S�{7w'e., ., � 99 � �{1F. +ar7 -4 r.' j View towards site 2 FIELD CHECK Inspection Date: May 20, 2011 • Case Number: USR-1760 Hearing Date: July 12, 2011 Applicant: Varra Companies, Inc 8120 Gage Street Frederick, Colorado 80516 Request: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining (sands, gravels and stones), materials processing including concrete or asphaltic batch plants and/or concrete or asphaltic recycling operations in the A (Agricultural)Zone District Legal Part NW4, NE4 & NE4, NW4 Section 9; and part S2 S2 Section 4, all in Description: Township 5 North, Range 65 West Location: North of 161h Street and East of Ash Avenue, City of Greeley Size of Parcel: 102.87+/- Zoning Land Use N City of Greeley N Leprino Foods Manufacturing Support Structures, Anderson Salvage and similar industrial uses E Agricultural E DoeringsfeldNarra Gravel Mine and Agricultural lands • S Agricultural S Single Family residential W City of Greeley W Vacant lands with oil and gas and small scale industry. West of Ash Avenue is new Leprino Foods Manufacturing plant Comments: The property is relatively isolated being set back from both 16th Street (South)and Ash Avenue (West). On lands that are lower than the adjacent public roads. Adjacent to the North is the Cache la Poudre River and riparian edge. The site is presently vacant with the exception of oil and gas encumbrances and reworked lands historically containing sugar beet wastes. This material had been removed and native grasses are gaining a foothold. From the visual vantage point taken, there appear to be no structures on site. The access road crosses property within the City of Greeley and the access road slopes up to Ash Avenue. This access is gated and locked. 14 Signature o Site Distance o Wetlands o Oil &Gas Structures o Water Bodies • Note any commercial business/commercial vehicles that are operating from the site. • 1 8 6 1 - 2 0 1 1 DEPARTMENT OF PLANNING SERVICES PLANNING DIVISION 1555 N. 17TH AVENUE GREELEY,CO 80631 koEle@co.weld.co.us WELDEC O U N T Y 970-353-6100 EXT 3549 I____J FAX 970-304-6498 January 18, 2011 Christoper L. Varra Varra Companies, Inc. 8120 Gage Street Frederick, Colorado 80516 Subject: Referral Responses for case number USR-1760 - Request for a Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining (sands, gravels and stones), materials processing including concrete or asphaltic batch plants and/or concrete or asphaltic recycling operations in the A (Agricultural) Zone District Dear Christopher: The Department of Planning Services is in receipt of referrals for your proposed Mineral Resource Development Facility encumbering approximately 103 acres in the general vicinity of 161h Street and Ash Avenue. As of January 17, 2011, the Department of Planning Services has received responses without comment from the following agencies. < West Greeley Soil Conservation District, referral dated November 30, 2010 < Weld County Airport Authority referral dated December 1, 2010 < Western Hills Fire Protection District, referral dated December 1, 2010 The following agencies provided comment as outlined here. The Division of Water Resources: referral dated November 30, 2010 states " ... the mine site will be known as the Western Sugar Reclamation Land Development Project that is permitted by DRMS under permit no. M2010-049. Based on the submitted information the mining operation will cause depletions to the Cache La Poudre River due to evaporative loses from exposed ground water, operational losses (dust control, water removed from mined product and dewatering). Prior to initiation of these uses of ground water, the applicant will need to obtain a well permit, as applicable. However, prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is required." Further, " . . .if stormwater is intercepted by this • operation and is not diverted or captured in priority, it must be released to the stream within VARRA COMPANIES,INC. USR-1760 REFERRAL COMMENTS,PAGE 1 • seventy-two (72) hours. This may require a discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. Otherwise the operator will need to make replacements for evaporation." The Colorado Department of Transportation: Referral dated November 30, 2010 expressed concerns with the intersection of Eighth Street (State Highway 263) and Ash Avenue. Their concerns addressed the greater than twenty (20) percent increase in traffic at this intersection and the number of vehicles turning from State Highway 263 onto Ash Avenue. If this threshold is greater, a new State Highway access permit will need to be obtained. The State of Colorado Geological Survey: Referral dated December 17, 2010 states " . . .the CGS does not object to the proposed mining operation, however, CGS states the site contains surficial deposits of sugar beet waste. The applicant should be aware that sugar beet waste is problematic from a geotechnical perspective." Further, "(s]ugar beet waste is not suited for use as a construction material, may not be marketed as a construction or fill material, and must be disposed of in a manner that does not create a structural fill problem elsewhere." The CGS will require the applicant to have a geotechnical engineer design and test soils blends with varying beet waste content to determine engineering properties, potential for ettringite formation, and suitability for any proposed use. The City of Greeley: Referral dated December 17, 2010 and received by this office on December 27, 2010, then forwarded electronically to your attention on the same date has several concerns which includes: the application materials, compliance with the East Greeley Study and IGA, and the extraction, stockpiling and processing operations located within the corporate limits of the City of Greeley requiring permits. Further, the City has concerns with • improvements within the public right-of-way and also mining activities within the floodway. The City is requesting a Traffic Impact Study which meets the applicable City of Greeley Street's Design Criteria. The City states that the Traffic Impact Study is a requirement of obtaining access to Ash Avenue, and notes additional CDOT requirements may also apply. The Department of Public Works: Referral dated December 28, 2010 & January 17, 2011 are requesting evidence of an access permit onto Ash Avenue from the City of Greeley. Additionally there are concerns specific to the FEMA mapped Floodplain and Floodway, historical flow patterns and run-offs and incorporation of best management practices to address these issues. The Department also requests a copy of the approved Storm Water Management permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. In their January 17, 2011 referral Public Works has one additional requirement, addressing a Letter of Map Revision prior to vacation of the Special Use Permit for mining, if this activity occurred on site. This statement is for information only at this juncture. The Department of Public Health and Environment: Referral dated January 17, 2011 lists several requirements and permits required prior to recording the plat. Please review this referral for each requirement. It is the opinion of this office that presently there is not a permitted access from the proposed mine site onto the public right-of-way, and that an access permit will not be granted by the City of Greeley until such time as an approved Traffic Impact Study is presented, reviewed and approved by the City of Greeley. As stated in the referrals from several agencies additional improvements may be required by others. Also of concern are the activities occurring at the • mine in relationship to the Cache La Poudre River. Finally, the material to be mined has VARRA COMPANIES,INC. USR-1760 REFERRAL COMMENTS,PAGE 2 • structural integrity issues and the utilization of this material may require the evaluation of a geotechnical engineer prior to placement at a new location. Given the numerous issues with this application, please contact the agencies identified herein and determine the appropriate course of action. Please provide a written response to this office on the action to be taken by the Varra Companies addressing the concerns in order to move this land use application forward. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Sincerely, Kim Planning Services Enclosures File: USR-1760 • • VARRA COMPANIES,INC. USR-1760 REFERRAL COMMENTS,PAGE 3 Kristine Ranslem m: Kristine Ranslem nt: Tuesday, November 30, 2010 1:22 PM To: 'Nick Berryman' Subject: USR-1760 Field Check Attachments: usr1760.docx We have just received a case (USR-1760) in which we ask that you review the material and send the attached field inspection form to us by December 29, 2010. The following is a quick link to the case in question: http://www.co.weld.co.us/Departments/P!anningZoninq/PlanninciDepartment/index.html#1760 If you have any questions, please don't hesitate to contact me at the number below. Thank you! ICrLsti,we RGwslewt Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 Kristine Ranslem em: Kristine Ranslem t: Tuesday, November 30, 2010 1:23 PM To: 'dpodel@varracompanies.com' Subject: Case USR-1760 Attachments: usr1760.pdf Please see the attached letter. If you have any questions, please let us know. Thank you! KvLsti We RawsLevu, Planning Technician Weld County Planning Services 1555 N 17th Ave, Greeley CO 80631 970-353-6100 ext. 3519 • • 1 • DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 PHONE: (970)353-6100, Ext. 3540 IFAX: (970) 304-6498 Elk COLORADO November 29, 2010 Christopher Varra Varra Companies, Inc. 8120 Gage St. Frederick CO 80516 Subject: USR-1760 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including Open Pit Gravel Mining (sands, gravels and stones) and Materials Processing including concrete or asphaltic batch plants and/or recycling operations in the A (Agricultural) Zone District on a parcel of land described as Part NW4, NE4 & NE4, NW4 Section 9; and part S2 S2 Section 4, all in T5N, R65W of the 6th P.M., Weld County, Colorado. • Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Evans, Garden City, and Greeley Planning Commission for their review and comments. Please call Evans at 970-339-5344, Garden City at 970-351-0041 and Greeley at 970-350-9741 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Evans, Garden City, and Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Digitally signed by Kristine Ranslem Reason:lam the author of this document Location:1555 N 17th Ave Date:2010.11.29 14:41:10-07'00' Kim Ogle Planner • Varra Companies, Inc. . Office of Special Projects 8120 Gate Street Frederick,Colorado 80516 Telephone(303)666-6657 Fax(303)666-6743 Wednesday 3 November 2010 Weld County Department of Planning Services ATTN: Kim Ogle, Planner 1555 North 17th Avenue Greeley, CO 80631 Subject: Reply to Weld County Department of Planning Services Completeness Review correspondence of 17 September 2010. Dear Kim. Following, are Varra Companies, Inc. comments respective of the above referenced correspondence. The Department of Planning Services remarks precede the company statements that follow in boxed text. Submitted with this reply are the four (4) copies required for formal review and comment as requested, along with the required fee of $ 6,857.40. Four complete sets are • included since revisions were made to the original submittal respective of comments set forth below. Varra Companies, Inc. looks forward to working with Weld County to make this a good experience for everyone involved. If I or my staff can be of assistance, please feel free to contact me directly at the address or telephone number, above. Sincerely, Varra Companies, Inc. Garrett C. Varra Vice President of Operations 1. The document states the operation is the surface extraction of aggregate after the overburden has been removed, (p. 70) indicating that this is a wet pit mine when water is encountered utilizing a dredge for the removal (p.71). • Reclamation speaks to the development of four water reservoirs and reclaimed Varra Companies, Inc. Weld County USR—Completeness Reply Western Sugar Reclamation Land Development Project 3 November 2010 2 • lands (p. 73), the question presents itself as to when will the four water reservoirs be lined (p 60) indicates this activity occurs at reclamation. Will the lining of the water basins occur immediately post mining or when all mining activities have concluded? The application states under part lc of the Questionnaire (your reference of page 71): The pit will be maintained dry until such a time as extraction and basin slope reclamation and resoiling are completed for each Tract of the project. Extraction activities will continue to remove aggregate from approximately 15-25± feet along the southwest, to a mean depth of 35-40.0± feet at center, with a potential total depth to 70-80± feet along to the Cache La Poudre River. Since anomalous depths greater than 40± feet may occur, any extraction deeper than 40± feet in depth, may be extracted either dry, or wet. If extracted wet, a dredge may be utilized for the removal. It is anticipated that extraction will be under dry conditions respective of • planned discharge of intercepted waters for a majority, if not all, activities for the duration of operations, unless circumstance warrant to the contrary. The language specifically states that the extraction is anticipated to be dry, except at depths approaching 40± feet, or greater. A dredge is anticipated only if the deposit must be extracted wet; often the result of unforeseen inflows of water that exceed the capacity of the attending discharge pumps. On the matter of lining the completed basins: the applicant has the good fortune of adequate water to cover augmentation of unlined basins. The lining of the completed basins, and the timing of such activity is therefore at the discretion of the applicant, since lining the basins and subsequent certification by the Colorado Division of Water Resources Office of the State Engineer will liberate waters so dedicated. The lining, if and when it occurs, follows the completion of extraction of the known deposit and is inherently a part of the post extraction reclamation for a given area as provided for under financial warranty determination arrived at between the operator and the Colorado Office of Mined Land Reclamation (OMLR), and most expediently applied prior to resoiling and revegetation of the area(s) in question. • Varra Companies, Inc. Weld County USR—Completeness Reply Western Sugar Reclamation Land Development Project 3 November 2010 3 • 2. The timetable for mining activities (p. 71) indicates 102.87 acres are mined and have "•••a total life of approximately thirty (25±) years, ending sometime in the year 2035..." Later in the questionnaire (p. 73) "With extraction activities anticipated to take up to 20 years to complete, reclamation will add an approximately five years to this estimate, bringing the anticipated life of the mine to 25± years, or 2035..." Please clarify the timetable of activity, with the understanding that this is an estimate and subject to market conditions. The anticipated life of the mine is 25 years. The 25 years is comprised of approximately 20 years of active extraction, and an additional 5 years to complete the reclamation of remaining affected lands, as provided under the Colorado Mined Land Reclamation Act, C.R.S. 34-32.5-101. Editing errors that conflict with this understanding have been corrected in the body of the text to the Weld County submittal for the review phase of the application. 3. There is a statement suggesting that excess overburden not required for the reclamation of land's post mining will be commercially available (p. 75). • Please provide comment on the implications of this statement. Will Varra Companies sell to others overburden prior to or post site reclamation? The reference to part 4 of the Questionnaire addresses concerns pertaining to soils, not overburden. Soil is a distinct component of the deposit. Soil volumes in excess of that required for reclamation will vary according to the amount of soil salvaged in advance of extraction, relative to the area of lands affected and required to be re-soiled. The operator will always have on hand adequate volumes of soil relative to the area of affected lands requiring re-soiling. The point of sale of soil will occur at any time in the life of the operation where soil volumes exceed, to the extent in which they exceed, the necessary soil volumes reserved for reclamation, and as provided for under permit authority and corresponding financial warranty determined under the jurisdiction of the Colorado Office of Mined Land Reclamation. 4. In multiple sections, the numbers of employees are identified as up to 12± • access the site. (p. 78 for example), with 6-9 employees involved in the day to day operations, with an additional 100 persons per day accessing the mine site. Varra Companies, Inc. Weld County USR—Completeness Reply Western Sugar Reclamation Land Development Project 3 November 2010 4 • In an earlier section (p. 43) it is stated, "Consistent with the adjacent Durham Project, an average of 9± employees (6-12± at any one time) approximately (Range 20-200±) commercial and private haulers per day and an occasional visitor or inspector." Please clarify on the average daily site numbers, is it 9 employees on average, yet no more than 12 persons involved in the daily operations, which are employed on a 8-12 hour shift rotation. Does this number include administrative staff? The number implies tens of many additional persons. What activities are these persons involved with maintenance? Extracted material drivers?, other site activities?. Please clarify. Part 8a of the Questionnaire (your reference of p. 78), and Sec. 23-2-260. Application Requirements Parts C3and C4 (your reference of p. 44); have been revised and in the other relevant sections of the application. The combined references read in part or whole as required, as follows: Consistent with the adjacent Durham Project; an average of 9± employees (6-12± at any one time) will work commonly in 8 to 12 hour shifts, except for those government jobs that require night time work, which may require up to three shifts over a 24 hour period. Other users include approximately (Range 20 — 200±) commercial and private haulers per day, including an occasional visitor or inspector. Commonly, operations will occur six (6) days a week, Monday through Saturday, however, occasionally, contracts or other project obligations may from time to time require a full seven day work week, including Sunday. Flexibility of both hours and days is a necessary aspect of the nature of maintaining and building Weld County's infrastructure and agricultural, residential, commercial and industrial communities, all of which place variable and unpredictable demands for earth derived construction materials, twenty—four hours a day, seven days a week (24/7). A more precise estimate and breakdown is not realistic, and any numbers represented are estimates that will vary by circumstances and market conditions prevalent at the time. 5. Discussion of evaporative loss consumed from exposed groundwater (p. 60) utilizes the Longmont station for total precipitation in inches/year. Why was the Greeley station precipitation numbers not utilized for this calculation? Please clarify. The reference is an editing error. The information provided is from the Greeley • station. A correction was made to the referenced text. Varra Companies, Inc. Weld County USR—Completeness Reply Western Sugar Reclamation Land Development Project 3 November 2010 5 • 6. In several places there is discussion of berming, stating berms will occur within a ten food wide slot between the permit boundary and the extraction area. The height of the berm will be five feet in height and placed at the perimeter (p.65), yet stockpile height is described as up to 30± feet (p.44). Please clarify comment, including the location of the berm(s) and the width and height of the berm for the entire mine. That stated, the materials state "General buffering or screening will not occur during the extraction process,•••" (p. 80). Please clarify and amend drawing to so indicate. The reference on page 65 is limited to stockpiles of soil. The stated dimensions are approximations, and variations may occur. The stockpile heights described on page 44 are restricted to Tract A and areas above the floodplain, and pertain to processing stockpiles, and also soil stockpiles 'when not comprised as part of the perimeter berm. The referenced height of 30± feet, is an approximation. There are no known compelling limitations to the stockpile heights outside of the flood plain other than those attending to the practical limitations of space, equipment, and economies of scale confronting the operation under the • discretion of the operator. Since the activities are dynamic and not static, the general locations specified better define the potential areas from which stockpiles will increase and decrease in height, area and location over time. To place a specific static configuration beyond that generally described will serve to misrepresent the actual nature and effect of the activities. 7. The document states that Varra Companies, Inc., maintains on-going communications [with] oil and gas producers associated with the subject property•••" It is strongly suggested that either a Surface Use Agreement or a Memorandum of Understanding be obtained from each producer prior to County land use hearings. These entities may have concerns with the proposed extraction (p.45) method around oil and gas encumbrances. The operator maintains that it is in compliance with all existing agreements with oil and gas entities. Proper notification of our intent to extract a valuable mineral deposit has been made to these entities without any known objection. Since third party agreements are subject to change, any discrepancy between • planned operations and existing agreements will be bound by the terms of the Varra Companies, Inc. Weld County USR—Completeness Reply Western Sugar Reclamation Land Development Project 3 November 2010 6 • existing agreements, or as otherwise protected by existing law or other property rights determined by law or the courts. 8. The application speaks of several activities to be included in this permit. By description, it is the understanding of this office that the application seeks to permit a Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including Open Pit Mining and Materials Processing including Concrete and Asphalt Recycling; Concrete and Asphalt Batch Plant facility and the commercial sales of mined soils in the Industrial Zone District. The application specifically addresses all required Weld County Code of Regulations specified under Chapters 22 and 23 for purposes of obtaining a Use by Special Review permit allowing for the Industrial Zoned parcels to be extracted for purposes of recovering a valuable mineral deposit; as protected under C.R.S. Title 34, of the State of Colorado. We respectfully request the Department of Planning Services correspond directly to the referenced Code instead of page number, since page number may vary by subsequent revision. • Further, where the Department of Planning Services finds the application is inconsistent with a provision of Weld County Code, please state the referenced Code and the specific language that the Department finds departs with the requirements of the referenced Code, and any opinions as to what in the Opinion of the Department would remedy the perceived departure. Should, as part of its review, the Departments finds any portion of the referenced Code, irrelevant to the submittal, simply disregard without comment that portion of the application. 9. The submitted materials did not include an original signature with a current Certificate of Conveyance for all properties associated with this proposed mineral resource facility. Originals were intentionally withheld until submittal for the review phase. Original signatures and a Certificate of Conveyance will be provided at that time. 10. The documents indicate that the permit boundary will be 102.87 acres. • This number is consistent throughout the document, and this office will assess the application fee based on this number. The application is five thousand Varra Companies, Inc. Weld County USR—Completeness Reply Western Sugar Reclamation Land Development Project 3 November 2010 7 (5000) dollars for the first (10) ten acres and twenty (20) dollars per acre or fraction thereof in excess of ten acres. The application fee for the 102.87 acre mineral resource facility is six thousand eight hundred fifty seven and 40/100 (6857.40) dollars. The applicant concurs with the fee determination and will provide the necessary funds at the time the submittal for the review phase is made. 11. The Department of Building Inspection will require building permits prior to construction of all temporary and permanent facilities. It is our understanding that this will apply to structures such as a scale house. Mining equipment does not appear to be jurisdictional to Weld County. Please identify the legislative support for Weld County authority over mobile equipment, including conveyors, crushers, screens, and related plant equipment, heavy equipment, or other mechanisms fundamental to the orderly and economic development, processing and movement of materials within a Construction Materials Permit while acting as a sub-unit of state government under the jurisdiction of the State of Colorado Division of Reclamation, Mining, and Safety Office of Mined Land Reclamation and Colorado Mined Land Reclamation Board as authorized by the Colorado Mined Land Reclamation Act, C.R.S. 34-32.5-101. 12. The Department of Environmental Health has no comments at this time. Acknowledged. 13. The Department of Public Works in their referral dated August 23, 2010 has the following comments. Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all inclusive, and will address the critical issues of concern including but not limited • to: the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department Varra Companies, Inc. Weld County USR—Completeness Reply Western Sugar Reclamation Land Development Project 3 November 2010 8 • will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Acknowledged. Site Plan Review: 14. Access to the site is Ash Street, which is the City of Greeley's jurisdiction. The applicant indicates that they have visited with the City of Greeley and the City indicated no concerns; however, they may need some turning movements. According to the applicant, the City of Greeley is not requiring a traffic study. Public Works is requesting a copy of the City of Greeley's referral to verify this statement. Verification of status with the City of Greeley and the desired access will be • provided to Weld County as requested and included with the submittal for the review phase. 15. An approved access permit from the City of Greeley must be submitted to Weld County Public Works. Acknowledged. 16. A tracking pad will be required from Public Works. The tracking pad may consist of 300 feet of asphalt or concrete pavement with adequate turning radiuses on to Ash St., or 100 feet of pavement with double cattle guards to eliminate mud on to the paved road. An on-site improvement agreement shall be required. The requirement falls within the jurisdiction of the City of Greeley. The • determinations of the City of Greeley, will be provided to Weld County and made an enforceable part of this submittal. Varra Companies, Inc. Weld County USR-Completeness Reply Western Sugar Reclamation Land Development Project 3 November 2010 9 • Preliminary Drainage: 17. The applicant has submitted a Stormwater Management Plan (SWMP). A detailed technical review of the SWMP was not performed at this stage of the review process. Once the application is formally accepted, a technical review will be completed. The approved Colorado Department of Health Stormwater permit is provided for staff comment. Geotechnical Soil Report: 18. A geotechnical report is not required at this time. • Acknowledged. Special Flood Hazard Area: 19. The applicant's site lies within the Cache La Poudre Floodplain and Floodway as mapped by the Army Corps of Engineers in 2003. The modeling and floodplain mapping from this study has been accepted by FEMA and is utilized by Weld County and the City of Greeley as best available information Prior to recording of the plat, the applicant shall obtain a flood hazard development permit (FHPD) from the Department of Public Works. Please contact Clay Kimmi, for the latest version of the IIEC-RAS model to be utilized when applying for the FIIDP as there have been recent revisions to the floodplain mapping. No critical structures planned for the location. All plant activity will occur in Tract A — located outside of the known 100 year floodplain. Extraction within • the floodplain will create detention greater than the volume of residual soil on the perimeter of the floodplain or at locations where the elevations are above Varra Companies, Inc. Weld County USR—Completeness Reply Western Sugar Reclamation Land Development Project 3 November 2010 10 the flood plain elevation. Stockpiles within the floodway will be below the elevation of the floodway within planned extraction areas. Under these circumstances, please state the compelling reason and supporting statute for requesting a FIIDP from the applicant. Temporary Concrete/Asphalt Plant: 20. The batch plants and proposed conveyor systems need to be clearly identified on the plat. The FI IPD needs to address these items if they are to be located within the 100-year floodplain. Please identify topsoil, overburden, and material stockpiles on the plat. If the stockpiles are to be located within the 100-year floodplain, the FI-IPD needs to address them. No stockpiles will be allowed within the floodway. Since operational stockpiles; including soil, overburden and deposit stockpiles, are dynamic and not static, the application will prove misleading to specify static locations. Areas identified generally, as stated in the application, are more realistically stated and understandable for an activity of this nature. For our reply to requests under an FHPD and conveyor systems, please refer to Item #'s 11 and 19 above. The operator maintains there are no adverse impacts to the floodplain or floodway based upon the planned activities. Conveyor systems are standard and customary equipment used in the extraction of lands and fully provided for and allowed within the permitting authority of the State of Colorado, as previously referenced. -Fin— • Varra Companies, Inc. Weld County USR—Completeness Reply Western Sugar Reclamation Land Development Project 3 November 2010 Windows Live Hotmail from Qwest Print Message http://bl I58w.blu158.mail.live.com/mail/PrintMessages.aspx?cpids=a • FW: Western Sugar Site From: Brad Jones(bjones@varracompanies.com) Sent: Mon 11/22/10 1:18 PM To: Bradford Janes(bljforester@msn.com) FYI From: Derek L. Glosson [mailto:Derek.Glosson@Greeleygov.com] Sent: Saturday,August 07, 2010 9:13 AM To: Brad Jones Subject: RE: Western Sugar Site Hi Brad, I apologize for not getting back to you sooner. We'll just review the referral from the County. If we need to meet after we review the referral,we can definitely do that. Thanks for the heads up. Derek Derek Glosson, P.E., CFM Engineering Development Manager City of Greeley • 1100 10th Street, Suite 402 Phone: 970-350-9798 Fax: 970-336-4170 Derek.GlossonWd oreelevaov.corn It's free! Subscribe now so you won't miss the next edition of City Scoop,the City's monthly E-newsletter. From: Brad Jones [mailto:bjones@varracompanies.com] Sent:Tuesday,August 03, 2010 9:14 AM To: Derek L. Glosson Subject:Western Sugar Site Derek, We have a presubmittal meeting scheduled with the County for next week regarding our proposed gravel mining operation. As you know this will be located within the property area that is in the County. We most likely will be using our current access point that is on Ash Avenue however,as you and I have previously discussed. With that said, I'm sure the City will get a referral from the County when we do actually make our submittal. I just wanted to make you aware of our planned submittal,and also know if you would rather wait for the referral to come through and discuss our plans at that time,or if you would like to meet before then (prior to our submittal to the County) and discuss? Just let me know your preference,and what you would like to see. • Thanks, Brad Jones, P.E. Civil Engineer Varra Companies I of 2 11/23/2010 3:44 P Windows live Hotmail from Qwest Print Message http://bl I58w.b1u158.mail.live.com/mail/PrintMessages.aspx?cpids 8120 Gage Street • Frederick,Colorado 80516 303-666-6657(office) 303-666-6742(fax) • • 2 of 2 11/23/2010 3:44 P Windows Live Hotmail from Qwest Print Message http://bl I58w.blul58.mail.Iive.com/mail/PrintMessages.aspx?cpids—£ • FW: Concrete Batch Plant From: Brad Jones(bjones@varracompanies.com) Sent: Mon 11/22/10 1:17 PM To: Bradford Janes(bljforester@msn.com) From: Derek L. Glosson [mailto:Derek.Glosson@Greeleygov.com] Sent: Monday, May 03, 2010 9:09 AM To: Brad Jones Subject: RE: Concrete Batch Plant Brad, As long as the existing culvert is in good condition and functioning, you wouldn't need to replace it. As far as using the same existing access for both concrete trucks and gravel trucks...As long as this arrangement works operationally for you guys, I don't see this being a problem on our side. One thing to consider...With the increased traffic using the existing access, we'll want to make sure that the access is wide enough and the turning radii are large enough to accommodate trucks entering and exiting at the same time. If you get to a point where you have a fairly well defined site plan, let me know. We can run this through our site plan review process, for which there's no fee. Thanks. • Derek Derek Glosson, P.E., CFM Engineering Development Manager City of Greeley 1100 10th Street, Suite 402 Phone: 970-350-9798 Fax: 970-336-4170 Derek.Glossonagreelevgov.com It's free! Subscribe now so you won't miss the next edition of City Scoop, the City's monthly E-newsletter. From: Brad Jones [mailto:bjones@varracompanies.com] Sent:Thursday,April 29, 2010 3:55 PM To: Derek L. Glosson Subject: RE: Concrete Batch Plant Derek, We had another internal discussion today regarding the site. It sounds like we would use the same access point that we currently use,we would not look to move it or add any others at this time. Therefore, I don't know if we would • need to add any culverts or not since we would be using things as they are? Another question however is could we also use the same(current) access that we would use for concrete trucks coming from the batch plant for trucks hauling gravel from the site as well? Thanks, I of 3 11/23/2010 3:44 F Windows Live Hotmail from Qwest Print Message http://bl158w.blu158.mail.live.com/mail/PrintMessages.aspx?cpids=f • Brad From: Derek L. Glosson [mailto:Derek.Glosson@Greeleygov.com] Sent: Monday,April 19,2010 3:15 PM To: Brad Jones Subject: RE: Concrete Batch Plant Brad, Your understanding is correct. We would want to review a site plan of the proposed operations to evaluate stormwater detention,floodplain,parking requirements,etc. Are you still looking to reroute the sanitary sewer trunk line that currently runs through your property? Will you need water and sewer services? We can review a site plan for you whenever you have one ready. There's no fee for this review. We would just need 8 copies of the site plan and a narrative explaining the proposed development. We can also schedule a pre-application meeting with you prior to you submitting your site plan if you want. Just let me know. As far as the temporary vs. permanent...I think Leprino's schedule calls for approximately 5 years until completion, so we'd view any proposed operations as permanent. Let me know how you'd like to proceed and we'll get you going. Thanks. Derek • Derek Glosson, P.E.,CFM Engineering Development Manager City of Greeley 1100 10th Street. Suite 402 Phone: 970-350-9798 Fax: 970-336-4170 Derek.Glosson cdgreeleygov.com It's free! Subscribe now so you won't miss the next edition of City Scoop, the City's monthly E-newsletter. From: Brad Jones [mailto:bjones@varracompanies.com] Sent: Monday,April 19,2010 9:01 AM To: Derek L. Glosson Subject:Concrete Batch Plant Derek, Got your voice message. Thought I would try email instead. So,as I understand it,Leprino is no longer going to have an access point off of Ash Ave.,and Ash will remain as a rural road section. With that said,are there going to be any different requirements for us to set up the batch plant on a temporary vs. permanent operation? We are currently getting bid invitations for the construction of the Leprino plant,and we were wondering what would be required of us to set up the plant temporarily(to serve the Leprino project)vs. a permanent operation. However,it sounds like • with Ash remaining as a rural road,there would be minimal requirements for us to go ahead and set up a permanent operation (a culvert for the ditch at our access point),and no requirement to construct curb/gutter/and additional roadway width? Also,it sounds like public works is trying to unclog/repair/figure out what kind of storm facilities exist in Ash? Let me know if my understanding is correct or please clarify. 2 of 3 11/23/2010 3:441 Windows Live !lot-mail from Qwest Print Message http://bl ISBw.blu158.mail.live.com/mail/PrintMessages.aspx?cpids=l Thanks, Brad Jones,P.E. Civil Engineer Varra Companies 8120 Gage Street Frederick,Colorado 80516 303-666-6657(office) 303-666-6742(fax) • • 3 of 3 11/23/2010 3:44 Pr cilr‘He DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 1555 North 17In Avenue WI lie, Greeley, Colorado 80631 -MAIL:E: www.co.weld.co.us E-MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3549 COLORADO FAX (970) 304-6498 September 14, 2010 Brad Janes Varra Companies Inc. 8120 Gage Street Frederick, CO 80516 • Subject: Completeness Review of Land Use Application Special Use Permit for Mineral Extraction Dear Mr. Janes: The Departments of Planning Services, Building Inspection, Environmental Health and Public Works have completed their review of the documents submitted for review post pre-application meeting held in the offices of the Department of Planning Services on August 12, 2010. This letter serves as a joint response from all County departments on the completeness of the submitted materials prior to accepting the application and the application fee. The Department of Planning Services reviewed the Questionnaire component of the submitted materials and the supplemental materials and found discrepancies between the two documents. Therefore, this department seeks clarification on several points. The document states the operation is the surface extraction of aggregate after the overburden has been removed, (p. 70) indicating that this is a wet pit mine when water is encountered utilizing a dredge for the removal (p. 71). Reclamation speaks to the development of four water reservoirs and reclaimed lands (p.73), the question presents itself as to when will the four water reservoirs be lined (p. 60) indicates this activity occurs at reclamation. Will the lining of the water basin occur immediately post mining or when all mining activities have concluded? The timetable for mining activities (p.71) indicates 102.87 acres are mined and have " . . . a total • life of approximately thirty (25+/-) years, ending sometime in the year 2035 . . ." Later in the questionnaire (p. 73) "With extraction activities anticipated to take up to 20 years to complete, reclamation will add an approximately five years to this estimate, bring the anticipated life of the • mine to 25 +/-years, or 2035 . . ." Please clarify the timetable of activity, with the understanding that this is an estimate and subject to market conditions. There is a statement suggesting that excess overburden not required for the reclamation of lands post mining will be commercially available (p. 75). Please provide comment on the implications of this statement. Will Varra Companies sell to others overburden prior to or post site reclamation? In multiple sections, the numbers of employees are identified as up to 12 +/- access the site, (p. 78 for example) with 6-9 employees involved in the day to day operations, with an additional 100 persons per day accessing the mine site. In an earlier section (p.43) it is stated "Consistent with the adjacent Durham Project; an average of 9+/- employees (6-12+/- at any one time) approximately (Range 20-200+/-) commercial and private haulers per day and an occasional visitor or inspector." Please clarify on the average daily site numbers, is it 9 employees on average, yet no more than 12 persons involved in the daily operations, which are employed on a 8-12 hour shift rotation. Does this number include administrative staff? The number implies tens of many additional persons. What activities are these persons involved with maintenance?, Extracted material drivers?, other site activities?. Please refine employee numbers and clarify. Discussion of evaporative loss consumed from exposed groundwater (p. 60) utilizes the Longmont station for total precipitation in inches/year. Why was the Greeley station precipitation numbers not utilized for this calculation? Please clarify. In several places there is discussion of berming, stating berms will occur within a ten foot wide • slot between the permit boundary and the extraction area. The height of the berm will be five feet in height and placed at the perimeter (p. 65), yet, stockpile height is described as up to 30+/- feet, (p.44). Please clarify comment, including the location of the berm(s) and the width and height of the berm for the entire mine. That stated, the materials state "General buffering or screening will not occur during the extraction process, . . . "(p.80). Please clarify and amend drawing to so indicate. The document states that Varra Companies, Inc maintains on-going communications [with] oil and gas producers associated with the subject property . . . " It is strongly suggested that either a Surface Use Agreement or a Memorandum of Understanding be obtained from each producer prior to County land use hearings. These entities may have concerns with the proposed extraction (p. 46) method around oil and gas encumbrances. The application speaks of several activities to be included in this permit. By description, it is the understanding of this office that the application seeks to permit a Site Specific Development Plan and a Special Review Permit for Mineral Resource Development including Open Pit Mining and Materials Processing including Concrete and Asphalt Recycling; Concrete and Asphalt Batch Plant facility and the commercial sales of mined soils in the Industrial Zone District. The submitted materials did not include an original signature with a current Certificate of Conveyance for all properties associated with this proposed mineral resource facility. The documents indicate that the permit boundary will be 102.87 acres. This number is consistent throughout the document, and this office will assess the application fee based on this number. The application is five thousand (5000) dollars for the first (10) ten acres and twenty • (20) dollars per acre or fraction thereof in excess of ten acres. The application fee for the • 102.87 acre mineral resource facility is six thousand eight hundred fifty seven and 40/100 (6857.40) dollars. The Department of Building Inspection will require building permits prior to construction of all temporary and permanent facilities. The Department of Environmental Health has no comments at this time. The Department of Public Works in their referral dated August 23, 2010 has the following comments. Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all- inclusive, and will address the critical issues of concern including but not limited to: the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Site Plan Review: Access to the site is Ash Street, which is the City of Greeley's jurisdiction. The applicant indicates that they have visited with the City of Greeley and the City indicated no concerns; however, they may need some turning movements. According to the applicant, the City of Greeley is not requiring a traffic study. Public Works is requesting a copy of the City of Greeley's referral to verify this statement. An approved access permit from the City of Greeley must be submitted to Weld County Public • Works. A tracking pad will be required from Public Works. The tracking pad may consist of 300 feet of asphalt or concrete pavement with adequate turning radiuses on to Ash St. or 100 feet of pavement with double cattle guards to eliminate mud on to the paved road.An on-site improvement agreement shall be required Preliminary Drainage: The applicant has submitted a Stormwater Management Plan (SWMP). A detailed technical review of the SWMP was not performed at this stage of the review process. Once the application is formally accepted, a technical review will be completed. Geotechnical Soil Report: A geotechnical report is not required at this time. Special Flood Hazard Area: The applicant's site lies within the Cache La Poudre Floodplain and Floodway as mapped by the Army Corps of Engineers in 2003. The modeling and floodplain mapping from this study has been accepted by FEMA and is utilized by Weld County and the City of Greeley as best available information. Prior to recording of the plat, the applicant shall obtain a flood hazard development permit (FHDP) from the Department of Public Works. Please contact Clay Kimmi,for the latest version of the HEC- RAS model to be utilized when applying for the FHDP as there have been recent revisions to the floodplain mapping. Temporary Concrete/Asphalt Plant: The batch plants and proposed conveyor systems need to be clearly identified on the plat. The FHDP needs to address these items if they are to be located • within the 100-year floodplain. Please identify topsoil, overburden, and material stockpiles on the • plat. If the stockpiles are to be located within the 100-year floodplain, the FHDP needs to address them. No stockpiles will be allowed within the floodway. "e itat&ri' efi urtnspt ids tas e o .t`` $s all mega=± :_ e dur tti w rra t�exresoY3edfMtfi f �eiii sr r ai a �7i�rcoti ►�na'hd`r'�is x �TR" inept: This concludes our evaluation of the submitted materials. This office will proceed with the application when the issues her have been addressed. The Department of planning Services will not schedule any land use hearings until a Final Approval from DRMS has been obtained for the proposed Greeley Mine. Finally, Weld County has two application document sets, one with Public Works and one in Planning. Please submit the required two additional document sets for use by the Departments of Environmental Health and Building Inspection. These documents may be submitted at time of formal application and payment of land use application fee. Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you. Sincerely, K��1 i11v�Dgle • Planning Services ec: PA10-067 Planning Correspondence D.Carroll,PW L.Light,EH T.Parko,Planning I 6 • f&tit MEMORANDUM WIC TO: Kim Ogle, Planning Services DATE: August 20, 2010 FROM: Donald Carroll, Engineer Administrator COLORADO Clay Kimmi, P.E., CFM Janet Carter, Traffic Engineer SUBJECT: 7-Day Completeness Review, PA10-067 Varra Companies Western Sugar Open Pit Gravel Mining Weld County Public Works has received the submittal application for the 7-Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all- inclusive, and will address the critical issues of concern including but not limited to: the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Site Plan Review: Access to the site is Ash Street, which is the City of Greeley's jurisdiction. • The applicant indicates that they have visited with the City of Greeley and the City indicated no concerns; however, they may need some turning movements. According to the applicant, the City of Greeley is not requiring a traffic study. Public Works is requesting a copy of the City of Greeley's referral to verify this statement. An approved access permit from the City of Greeley must be submitted to Weld County Public Works. A tracking pad will be required from Public Works. The tracking pad may consist of 300 feet of asphalt or concrete pavement with adequate turning radiuses on to Ash St. or 100 feet of pavement with double cattle guards to eliminate mud on to the paved road. An on-site improvement agreement shall be required Preliminary Drainage: The applicant has submitted a Stormwater Management Plan (SWMP). A detailed technical review of the SWMP was not performed at this stage of the review process. Once the application is formally accepted, a technical review will be completed. Geotechnical Soil Report: A geotechnical report is not required at this time. Special Flood Hazard Area: The applicant's site lies within the Cache La Poudre Floodplain and Floodway as mapped by the Army Corps of Engineers in 2003. The modeling and floodplain mapping from this study has been accepted by FEMA and is utilized by Weld County and the City of Greeley as best available information. Prior to recording of the plat, the applicant shall obtain a flood hazard development permit • (FHDP) from the Department of Public Works. Please contact Clay Kimmi, for the latest version of the HEC-RAS model to be utilized when applying for the FHDP as there have been recent revisions to the floodplain mapping. C\Documents and Settings\kogle\Local Settings\Temporary Internet Files\Content Outlook\NUIE6KGO\PA10-067 Varra Companies.docx • Temporary Concrete/Asphalt Plant: The batch plants and proposed conveyor systems need to be clearly identified on the plat. The FHDP needs to address these items if they are to be located within the 100-year floodplain. Please identify topsoil, overburden, and material stockpiles on the plat. If the stockpiles are to be located within the 100-year floodplain, the FHDP needs to address them. No stockpiles will be allowed within the floodway. 'tft,#1 d6 t111. '6N 8W 1'OC6S$ oi;TQe a a °F-74146D-i sinra— �� ve t' u1 ATtsr piarfinen *, h n+w —. pc: PA10-067, Varra Companies S • C\Documents and Settings\kogle\Local Setings\Temporary Internet Files\Content.Outlook\N UIE6KGO\PA10-067 Varra Companies.docx Kim Ogle Om: Tom Parko Sent: Friday, August 13, 2010 11:48 AM To: Kim Ogle Subject: FW: Floodplain and MS4 water quality FYI. Original Message From: David Bauer Sent: Friday, August 13, 2010 11:47 AM To: bjones@varracompanies.com Cc: Donald Carroll; Tom Parko Subject: Floodplain and MS4 water quality Brad, To follow-up our pre-app meeting yesterday, I looked at our GIS and also checked on the limits of the Greeley MS4 area. e 100-year floodplain line on your plans yesterday approximately coincides with the limits of the floodway determined by the US Corps of Engineers study of the Poudre River. The edge of the floodplain tracks along the edge of the river terrace as you and Garrett described. I will send you an aerial photo with those layers turned on. The properties owned by Varra lie outside of the current Greeley MS4 area. However, it is possible, maybe likely, that the 2010 census will redefine the MS4 limits and your project may be swept in. I have heard that the new boundaries won't be finalized until 2011, but at the time the designated MS4 areas change, any properties within the designated area will then have some period of time to come into compliance with the more stringent MS4 regulations. I suggest taking a look at the MS4 information pages at the CDPHE website at: http://vonew.cdphe.state.co.us/wq/PermitsUnit/MS4/MS4newpaqe.html Thank you, David Bauer, P.E., CFM Weld County Engineer- Development eld County Public Works . . Box 758 1111 H Street i RECEIVED .,PP 237011 • 1861 - 2011 MFMORAND..UMllJlrprartment TO: Kim Ogle, Planning Services DATE: April 27, 2011 W E L O U N T Y FROM: Heidi Hansen, P.E., Public Works Department SUBJECT: 2n° 7-Day Completeness Review—Varra Companies, Inc. (USR-1760) I have reviewed the 7-Day Completeness Review. Public Works shall be looking for five critical items: ➢ Site Plan—Submitted ➢ Traffic Study — Additional information along with correspondence with the City of Greeley has been provided and will be reviewed. ➢ Preliminary Drainage Report — Additional information and comments regarding drainage has been submitted and will be reviewed. ➢ Geotechnical Report— Not Required ➢ Flood Hazard Development Standards— In a FEMA Floodplain. The floodplain information will be reviewed. A Flood Hazard Development Permit will be required in order to construct any type of building, place fill, or conduct mining operations within the FEAM designated floodplain. It may be • necessary to utilize hydraulic modeling to show the impact of mining on adjacent properties. A Letter of Map Revision, approved by FEMA, may be required. Additional floodplain information and comments were submitted and will be reviewed. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Public Works has adequate information to review this submittal. pc: 2nd 7-Day Completeness, Varra • U'Referrals\7-Day Completeness\varra\arra,2nd 7-Day.doux 4 • Second Submittal 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: PA10-067 APPLICANT: Varra Companies, Inc. CASE #: USR-1760 REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing including concrete or asphaltic batch plants and/or recycling operations in the A (Agricultural) Zone District LEGAL: Part NW4, NE4 & NE4, NW4 Section 9; and part S2 S2 Section 4, all in Township 5 North, Range 65 West LOCATION: North of 16th Street and East of Ash Avenue, City of Greeley PARCEL ID#: 0961-04-0-00-015, 0961-04-0-00-016, 0961-09-1-00-002, 0961-09-1-00-003, 0961-09-2-00-012, 0961-09-2-00-013, 0961-04-3-02-034 and 0961-04-3- 02-008 ACRES: 102.87+/- RETAIN PACKET AS ENTIRE APPLICATION Public Works ❑ Health ❑ Building ❑ Planning • Narrative: , Comments: Date: APRIL 21, 2011 Comments Due No Later than APRIL 27, 2011 Questions, call, thanks Kim, x 3549 -b E ",' IE 0 W E fl • _ ANt 21 'm1 l� WELD COUN FY PUBLIC WORKS nFPT Second Submittal 7-Day Completeness Review PRE-APPLICATION MEETING NOTES: PA10-067 APPLICANT: Varra Companies, Inc. CASE#: USR-1760 REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing including concrete or asphaltic batch plants and/or recycling operations in the A (Agricultural) Zone District LEGAL: Part NW4, NE4 & NE4, NW4 Section 9; and part S2 S2 Section 4, all in Township 5 North, Range 65 West LOCATION: North of 16th Street and East of Ash Avenue, City of Greeley PARCEL ID#: 0961-04-0-00-015, 0961-04-0-00-016, 0961-09-1-00-002, 0961-09-1-00-003, 0961-09-2-00-012, 0961-09-2-00-013, 0961-04-3-02-034 and 0961-04-3- 02-008 ACRES: 102.87+1- RETAIN PACKET AS ENTIRE APPLICATION I / ❑ Public Works D Health Building ❑ Planning • Narrative: /I Comments: atimitlat- f .h - t cL4j qE��IW-, arG� i� 9 ins PJ" S �74) / e(Q-crr<c / n r uwo.^) r � Date: APRIL 21, 2011 Comments Due No Later than APRIL 27, 2011 Questions, call, thanks Kim, x 3549 • I Varra Companies, Inc. Office of Special Projects • 8120 Gage Street Frederick,Colorado 80516 Telephone(970)353-8310 Fax(970)353-4047 Wednesday 20 April 2011 To: Kim Ogle, Planner Weld County Department of Planning Services From: Varra Companies, Inc. Office of Special Projects Bradford Janes, Forester Subject: USR-176O Weld County Referrals with cover date of 18 January 2011 Project: Western Sugar Reclamation Land Development Project Please find one original and three copies of our replies to the aggregated referral comments for the above application as received by our Gage Street offices on Friday 21 January 2011. Where no comment or no conflicts were received, no direct reply was made. Otherwise, our reply to referral comments is boxed with blue text. • Please let us know Kim, if there is anything we can do to facilitate the approval of this application. Chris Varra and staff are willing to meet with you on any matters of concern, or otherwise needing clarification. Feel free to contact my office at any time for follow-up. Thanks, and best regards for the day. Varra Companies, Inc. Bradford Janes, Forester bljforester@msn.com desk: 970353-8310 cc. Christopher L. Varra, President Varra Companies, Inc. • Varra Companies, Inc. Office of Special Projects • 8120 Gage Street Frederick, Colorado 80516 Telephone(970)353-8310 Fax(970)353-4047 Wednesday 20 April 2011 To: Kim Ogle, Planner Weld County Department of Planning Services From: Varra Companies, Inc. Office of Special Projects Bradford Janes, Forester , Subject: USR-1760 Weld County Referrals with cover date of 18 January 2011 Project: Western Sugar Reclamation Land Development Project The following consolidates our replies to the referral comments received by our Gage Street offices on Friday 21 January 2011. Where no comment or no conflicts were received, no direct reply was made. Otherwise, our reply to referral comments is boxed with blue text. • I. No Comment: • West Greeley Conservation District (30 November 2010) - Review found 'no conflicts with our interests.' • Greeley-Weld County Airport (1 December 2010) — Review found 'no conflicts with our interests.' • Union Colony Fire Rescue Authority (1 December 2010) - Memorandum from Dale Lyman - Division Chief & Fire Marshall - Review found 'no comment.' • City of Greeley (17 December 2010) — Derek Glosson, P.E. - Engineering Development Manager: Comments 1-9. I. NOTE WELL: The small parcel of land that falls within the City of Greeley has been removed from consideration (refer to included revised Legal Description - Exhibit A) and comments 1-9 of the City of Greeley do not appear to be otherwise relevant to the submittal. No Comment is necessary pertaining to West Greeley Conservation District; Greeley-Weld County Airport; or Union Colony Fire Rescue Authority. • • II. Colorado Water Law: • Colorado Division of Water Resources (30 November 2010) - Joanna Williams, P.E. - Water Resources Engineer: 1. Based on the submitted information the Gravel Mining operation will cause depletions to the Cache La Poudre River due to evaporative losses from exposed ground water, operational losses (dust control, water removed with the mined product) and dewatering. Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is required. • Weld County Department of Environmental Health (17 January 2011) — Lauren Light: 9. The applicant shall submit evidence, from the Colorado Division of Water Resources, demonstrating that the well and substitute water supply plan are appropriately permitted for the industrial use or provide a will serve letter from a water district. This requirement is for water that will be utilized for potable uses as well as dust control. Prior to exposing groundwater, the applicant will comply with the functional elements of Colorado Water Law as administered by agreement between the Colorado Division of Water Resources Office of the State Engineer (OSE) and the Colorado Division of Reclamation, Mining and Safety Office of Mined Land • Reclamation (OMLR), as part of the OMLK/OSE agreement detailed by OMLR's Memorandum of 30 April 2010; and under OMLR authority granted over all extraction activity in Colorado, attending the Colorado Mined Land Reclamation Act under Title 34, C.K.S. II. Stormwater & Stormwater Discharge: • Colorado Division of Water Resources (30 November 2010) - Joanna Williams, P.E. — Water Resources Engineer: 2 In addition, if stormwater runoff is intercepted by this operation and is not diverted or captured in priority, it must be released to the stream system within 72 hours. This may require a discharge permit from CDPHE-WQCD. Otherwise, the operator will need to make replacements for evaporation. • Weld County Department of Public Works (28 December 2010) — Heidi Hansen, P.E. 8. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. 9. The applicant must take into consideration storm water capture/quantity and • provide accordingly for best management practices. Page 12 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 10.The applicant provided a copy of the Storm Water Management Plan • application as submitted to the State. Please provide a copy of the approved permit once it has been obtained. The applicant is required to comply with all Colorado Department of Health and Environment, Water Quality Control Division regulations regarding storm water quality permitting and protection and construction storm water discharges. Weld County Department of Environmental Health (17 January 2011) - Lauren Light: 1. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wg/PermitsUnit for more information. 5. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Ilealth and Environment for any proposed discharge into State Waterways, if applicable. 8. In the event that one or more acres are disturbed during the construction and development of this site, the applicant shall obtain a stormwater discharge permit from the Water quality Control Division of the Colorado Department of Public Ilealth and Environment. We recommend that the following requirement be incorporated into the permit as • a condition that must be met one month prior to construction activities: 1. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado Department of Public Health and the Environment at www.cdphe.state.co.us/wg/PermitsUnit for more information. We recommend that the following requirements be incorporated into the permit as development standards: 18.If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. III. A stormwater and discharge plan was included with the USR submittal that satisfies the repetitive concerns of the referral commentators. An approved permit has been obtained from the Colorado Department of Health which authorizes the plan of both stormwater management and discharge of waters under Permit COG500000 Facility COG501526, as included with this submittal to satisfy item 18, noting that nothing by this submittal should be understood by Weld County as minimizing our rights, either express or implied, as provided • under the Constitution of the United States, and corresponding Federal or State Page 13 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 laws, or any correlated rights retained as citizens of Weld County, Colorado or • under any municipal law or regulation; nor does it acknowledge the transfer of responsibilities of the State of Colorado under their permitting and enforcement authority to Weld County, Colorado. IV. Floodplain/Floodway: • City of Greeley-Engineering Development Review (17 December 2010) - Ryan Hollinshead: 2. New: Mining activities within the floodway and within the City of Greeley's jurisdiction will require the following: a. Stockpiled materials and equipment shall not be stored within the floodway of the Poudre River. b. A certification letter from a Colorado registered professional engineer certifying that the excavation and reclamation activities within the floodway will not result in an increase in base flood elevations. The certification letter should be based on HEC-RAS floodplain modeling of the `before' and `after' conditions. c. A letter from a Colorado registered professional engineer certifying that the stability of the Poudre River channel will not be compromised by the proposed mining activities. • 3. New: Any proposed improvements within the 100-year floodplain and within the City of Greeley's jurisdiction will require a Flood Fringe Development Permit from the City of Greeley. Please see the City's website (www.greeleygov.com) or call Derek Glosson, City of Greeley Floodplain Manager (970-350-9798) for additional information and permit application. • Weld County Department of Public Works (28 December 2010) - Heidi Hansen, P.E.: 5 The site is located within the FEMA mapped Zone A 100-Year Floodplain and the floodway. Weld County Code Section 23-5-250 prohibits development including but not limited to the construction of buildings and the placement of fill (stockpiles) within the floodway. 6. Prior to recording of the plat, a Flood Hazard Development Permit (FI IDP) is required in order to construct any type of building, place fill, or conduct mining operations within the FEMA designated floodplain. Please note that it may be necessary to utilize hydraulic modeling showing the impact of mining on adjacent properties. For HIDP modeling purposes, it will be necessary to utilize the Army Corps of Engineers modeling that has been accepted by FEMA. 7. Please show the locations of the topsoil, overburden, and product stockpiles on your maps. Note that stockpiles cannot be placed in the floodway and stockpiles located within the 100-year floodplain must be shown to have no impact on the water surface elevations on the adjacent properties not owned • Page 14 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 by the applicant. Stockpiles must also be oriented to be parallel to the flood • flows in order to minimize the impact to adjacent properties. ADDENDUM (Item from Memorandum of 17 January 2011) — Heidi Hansen, Y.E.: 11.Based on the attached letter (referenced letter not included), recently received from FEMA, we would like to add the following requirement to the Varra project. Prior to vacation of the USR, if mining has occurred, a letter of Map Revision (LOMR) must be approved by the Federal Emergency Management Agency (FEMA) pursuant to floodplain regulations codified in the Code of Federal Regulations (CFR) Title 44 Parts 60 and 65. IV The applicant will comply with this understanding with exception. Please refer to correspondence of 15 February 2011 from C.G.R.S. The applicant maintains that detention is greater than any planned diversion and creates a net benefit to the floodplain/floodway. Further, since extraction allows stockpiles to occur below ground level within the floodway, there is no potential to increase floodway elevations in a flood event, and there is no basis for restricting such activities. Should a determination by the Weld County Board of County Commissioners determine, or should it be established by authority over extraction activities by the State of Colorado Office of Mined Land Reclamation or its Board at any time during the Life of the Mine, that when extraction creates detention greater than any resulting diversion, • either during or after extraction activity is completed, or as part of approved reclamation of said activity, a net benefit of value to the flood plain shall have occurred, and no studies will be required, including the stated LOMR, or other study. Further, since the singular parcel of land within the City Limits of Greeley, has been redacted from the permit, no consideration for studies requested by the City appear warranted. Regardless, the preceding paragraph of exception shall apply. V. Potable Water— Sanitation - Other Water Considerations: • City of Greeley — Engineering Development Review (17 December 2010) — Ryan Hollinshead: 4. New: Please identify and label all utilities on or directly adjacent to the proposed development on an overall site plan. The City is specifically concerned about the existing sanitary sewer and storm water mains adjacent to this proposal. • Weld County Department of Environmental Health (17 .lanuary 2011) — Lauren Light: 1. Environmental Ilealth Services has reviewed this proposal for a mineral resource development facility including concrete and asphalt batch plants, scale house and supporting facilities for mining operations. The application states that potable water will be supplied by bottled water and two portable • toilets will be utilized for visitors and employees. As the mining will occur Page 15 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 for approximately 25 years, permanent sanitary facilities are required per • Department policy. A vault is allowed as an alternate individual sewage disposal system (ISDS) and can be installed at the scale house. Portable toilets and bottled water can he utilized at the working face of the mine. 5. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing areas shall capture all effluent and prevent discharges from the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. Vehicle washing areas should be designated on the plat. We recommend that the following requirement be incorporated into the permit as a condition that must be met prior to the issuance of the Certificate of Occupancy for the scale house: 1. An individual sewage disposal system (ISDS) is required and shall be installed according to the Weld County Individual Sewage Disposal Regulations. A vault is an acceptable ISDS. 6. Any vehicle washing areas shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 9. Adequate drinking, hand—washing and toilet facilities shall be provided for employees and patrons of the facility at all times. 11.Portable toilets may be utilized on sites that are temporary locations of the • working face and portable processing equipment, etc. for up to six months at each location. 12.Bottled water shall be provided to employees at the temporary locations of the working face at all times. 13.A permanent, adequate water supply shall be provided for drinking and sanitary purposes, at all times. 14. .The applicant shall comply with the Drinking Water section of the Water Quality Control Division of the Colorado Department of Public Health and Environment, if applicable. V. Varra Companies, Inc. (VCI) operates the adjacent Durham Project to the immediate east of the Western Sugar property. VCI proposes that existing sanitation facilities be utilized in lieu of building expensive vault systems at the Western Sugar facilities, since the planned activities simply shift personnel on an operational basis from the existing Durham Project location. VCI also requests that portable water and sanitation take into account the long term nature of field activities. The working face lasts for the planned life of the operation, presently estimated at 20-25 years. Vehicles will not be washed at the location. Drinking water used on site will be from reliable sources and consistent with water quality standards of the Water Quality • Control Division. Page 16 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 • VI. Handling of Fuels, Chemicals and Wastes: • Colorado Geological Survey (17 December 2010) — Jill Carlson, C.E.G. — Engineering Geologist: 1. Colorado Geological Survey does not object to the proposed mining operation. However, the site contains surficial deposits of sugar beet waste. The applicant should be made aware that sugar beet waste is problematic from a geotechnical perspective. a. Beet waste deposits, alone or mixed with soil, if not properly stabilized or otherwise mitigated, can contain or develop voids and sinkholes which reduce the strength and stability of the soil that the beet waste is mixed with. These voids and sinkholes can cause foundation movement and differential settlement of buildings, resulting in structural distress and damage. Beet waste can also cause poor pavement performance, sinkholes in roadways, and the consolidation of pavement subgrade. b. Sugar beet waste is high in soluble sulfates, which can react negatively with concrete and chemically treated pavement subgrade, causing deterioration and other failures. c. The presence of beet waste e in soil can lead to the formation of expansive mineral ettringite, potentially causing severe damage to pavements and foundations. 2. Sugar beet waste is NOT suitable for use as a construction material, may not be marketed as a construction or fill material, and must be disposed of in a manner that does not create a structural fill problem elsewhere. It may be possible to design a soil—beet waste blend that is suitable for use as a non—structural fill material, but I don't know what percentage of beet waste would be acceptable. The applicant would need to have a geotechnical engineer design and test soil blends with varying beet waste content to determine engineering properties, potential for ettringite formation, and suitability for any proposed use. The USR specifically addresses the handling of fuels, chemicals and wastes. On the matter of Beet Waste, we have supplemented our USR with the included correspondence of 10 March 2011, from C.G.R.S. • Weld County Department of Environmental Health (17 January 2011) — Lauren Light: 4. A waste handling plan is required and should include the name, address and phone number of the waste removal and disposal companies. The plan should indicate how any waste associated with the facility, such as employee trash, is contained and disposed of. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval. We recommend that the following requirements be met prior to allowing the plat to be recorded: Page 17 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 6. The applicant shall submit evidence of an Aboveground Storage Tank permit • from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. 10.The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: a. A list of wastes which are expected to be generated on site (this should include volumes and types of waste generated). b. A list of the type and volume of chemicals expected to be stored on site. c. The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5 C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., • as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved `waste handling plan,' at all times. 5. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 17.All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). 6. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. In the diverse redundancies of the Weld County Code, as part of the original USR submittal, the diverse concerns expressed under the handling of fuels, chemicals and wastes were detailed. If there are specific ambiguities needing clarification, or other information omitted and necessary to the satisfaction of these concerns, please reference the part of the USR comments provide by us originally, followed by a rationale as to what else is desired. Otherwise, we believe the comments in the original USR sufficiently address the concerns iterated in the referral • comments and aggregated under this section. Page 18 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 1 VII. Odor: • Weld County Department of Environmental Health (17 January 2011) - Lauren Light: We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval. We recommend that the following requirements be met prior to allowing the plat to be recorded: 7. The Division requires that an odor abatement and response plan be submitted prior to operation of the facility. This plan shall be implemented at the request of the health department in the event that odor levels detected off site of the facility meet or exceed the odor limit as specified by the Colorado Revised Statutes. The plan shall also be implemented in the event that the Health Department receives a significant number of odor complaints and in the judgment of the Director of Public Health, there exists an odor condition requiring abatement. We recommend that the following requirements be incorporated into the permit as development standards: 15.The facility shall be operated in a manner to prevent odors. Odors detected off site shall not equal or exceed the level of fifteen-to-one dilution threshold, as measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. Additional controls shall be implemented at the request of the Weld • County Department of Public Health and Environment in the event odor levels detected off site of the facility meet or exceed the level of fifteen-to-one dilution threshold, or in the judgment of the Weld County Health Officer, there exists an odor condition requiring abatement. VII. There are no odors that will emanate from the planned activities. Neither are we aware of any putrescent, organic, or chemical elements that are not otherwise controlled by existing emission permits and restrictions on heavy equipment and machinery exhausts, such that no foul or measurable odors could be sourced in a manner that leaves the plan boundary at levels to create an odor problem. The demand to for the applicant to craft an odor abatement plan under the nature and character of the planned activities is simply unsupported. VIII. Dust: • Weld County Department of Environmental Health (17 January 2011) — Lauren Light: 3. A dust abatement plan is required. The plan should include control measures such as, application of water, revegetation, conveyors, reducing vehicle speeds, compaction of road surfaces, berms and covering or watering loaded • haul trucks. The application states that water is available through an Page 19 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 approved substitute water supply plan and a well permit however no • documentation from the Division of Water Resources was included. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval. We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. 2. The applicant shall submit a dust abatement plan for review and approval, to Environmental Health Services, Weld County Department of Public Health & Environment. We recommend that the following requirements be incorporated into the permit as development standards: 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved 'dust abatement plan,' at all times. 16.The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 17.A11 potentially hazardous chemicals must be stored and handled in a safe • manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). VIII. In the diverse redundancies of the Weld County Code, as part of the original USR submittal, the diverse concerns expressed under the control of fugitive dust were detailed. If there are specific ambiguities needing clarification, or other information omitted and necessary to the satisfaction of these concerns, please reference the part of the USE comments provide by us originally, followed by a rationale as to what else is desired. Otherwise, we believe the comments in the original USE sufficiently address the concerns iterated in the referral comments and aggregated under this section. At the very least, the control of fugitive dust is fully detailed and regulated by the Colorado Department of Ilealth Fugitive Dust Permit #IOWE1751F, which the applicant will comply with, and of which a copy is included as part of this submittal. IX. Soil, Vegetation & Weeds: • Weld County Department of Public Works (28 December 2010) — Heidi Hansen, P.E.: • Site Page 110 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 • 1. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. Understood. 2. The following table shows the approved seed mix for your site. Please contact Tina Booton, Weed Division Supervisor, with any questions or requests for substitutions (970-304-6491 x3770). Species #pls/Acre Switchgrass 1.0 Blue grama 1.5 Sideoats grama 1.5 Little bluestem 2.0 Western wheatgrass 4.0 Smooth brome 3.0 Alkali sacaton 1.5 Sand dropseed 1.5 Total 14#pls/Acre • Regreen should be used at 1-2 pounds/acre as a nurse crop. Weld County does not retain the authority under C.R.S. Title 34 to impose a seed mixture on the reclamation. The applicant will apply its superior knowledge of the reclamation of drastically disturbed land, and adhere to the seed mixture approved by the Colorado Division of Reclamation Mining and Safety Office of Mined Land Reclamation (OMI,R). 7. Please show the locations of the topsoil, overburden, and product stockpiles on your maps. Note that stockpiles cannot be placed in the floodway and stockpiles located within the 100—year floodplain must be shown to have no impact on the water surface elevations on the adjacent properties not owned by the applicant. Stockpiles must also be oriented to be parallel to the flood flows in order to minimize the impact to adjacent properties. Placement of soil stockpiles will not occur for several years into operations, except where needed for processing and sale in Tract A. When soil is stockpiled, it will not pose a substantive diversion in comparison to any attending detention established by existing and planned basins. All soil stockpiles will be stabilized to minimize erosion utilizing the seed mixture approved by the OMLR. Since operations are dynamic, any illustration of soil placement beyond that already detailed in the USR and attending copy of the OMLR permit application, is Page 111 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 • simply deceptive in that operations cannot adhere to static positioning of stockpiled materials. Stockpiles are temporary by nature, but may be represented in points of time on the required Annual Report to the OMLR. X. Noise: • Weld County Department of Environmental Health (17 January 2011) — Lauren Light: 2. Noise will be restricted to the level allowed in the industrial zone district. In addition, berms, conveyors and shroud covers could be installed to limit noise impacts. A minimal noise plan is required. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval. We recommend that the following requirements be met prior to allowing the plat to be recorded: 3. The applicant shall submit a noise abatement plan for review and approval, to Environmental Health Services, Weld County Department of Public Ilealth & Environment. We recommend that the following requirement be incorporated into the permit as a condition that must be met one month prior to construction activities: 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. The USR details our plans to keep stationary sources at background residential levels near the permit boundary, but will not exceed the allowable levels at the boundary for the I—Industrial Zone. A complete noise plan was included in the relevant sections of the USE, and the respondents are encourage to read it, or specifically site our statements on noise management and detail what requires further clarification or detailing any specific information still required. Xl. Traffic: • Colorado Department of Transportation (CDOT- 30 November 2010) - Gloria Hice- Idler - Permit Supervisor: 1. Since this proposal is off-system, CDOT's concerns are with the intersection of 8"' Street (SH 263) and Ash. The applicant will need to determine if this proposal increases traffic at this intersection by more than 20 percent. If traffic at this intersection is more than 20 percent, then a new state highway access permit will need to be obtained. Traffic is not being increased in the area, merely shifting. A 20 percent increase is not anticipated. • Page 112 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 0 % 2. CDOT will also be interested in the number of vehicles turning from SH 263 onto Ash. Approximately two to twenty vehicles per day. • City of Greeley— Engineering Development Review (17 December 2010) - Ryan I Iollinshead: Civil Drawings 1. Advisory: City accepted construction drawings are required in order to obtain a City of Greeley Public Works Right-of-Way permit. This permit is required to construct any improvements within the City's right-of-way. Once the extent of the required improvements are known (via the required traffic impact study), please contact myself to set up a meeting to discuss the requirements of the referenced construction drawings. Since improvements are based upon a traffic study, and since the City of Greeley has waived such study, construction drawings will not he necessary to our understanding. General 5. New: Prior to the City's acceptance of this project's access onto a City roadway • (Ash Avenue), a Roadway Maintenance Agreement must be agreed to by both the applicant and the City of Greeley. This agreement will be drafted by the City. Please provide the intended loading to ensure that the current roadway is adequate to handle the proposal. Acknowledged. A copy of the approved agreement will be provided to Weld County Planning prior to on-set of planned activities. Traffic Study 6. Code: Please provide a Traffic Impact Study, which meets the applicable City of Greeley Street's Design Criteria. This study shall be completed by a Professional Traffic Engineer and shall address the current condition of Ash Avenue, all adjacent intersections that will receive substantially more traffic, and improvements needed to the adjacent roadways including Ash Avenue, Highway 263 (8"h Street), 16`' Street, etc. (including the need for any auxiliary lanes), please contact Eric I3racke, the City's Traffic Engineer, at 970-350-9357. The City's acceptance of this required Traffic Impact Study is a requirement of obtaining access to Ash Avenue, and additional Colorado Department of Transportation requirements may also apply. After consulting with the City of Greeley, no traffic study will be required. Copy • of e-Mail from the City is attached for verification. Page 113 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 • • Weld County Department of Public Works (28 December 2010) — Heidi I Iansen, P.E.: Weld County Road Classification Plan 1. Ash Ave. is under the City of Greeley's jurisdiction. Acknowledged. Access/Roadway The site will utilize a main access onto Ash Ave. with secondary low use accesses also onto Ash Ave. The City of Greeley will approve access points to Ash Ave and determine if off—site roadway improvements are necessary to accommodate the use. 1. Please provide written approval for the proposed access points from the City of Greeley. Acknowledged. A copy of the approved agreement will he provided to Weld County Planning prior to on—set of planned activities. 2. The County, in cooperation with the City of Greeley, is requiring a tracking pad to prevent tracking of mud and gravel on to the paved roadway. The tracking pad may consist of either 300 feet of asphalt or concrete pavement with adequate turning radiuses on to Ash St., or 100 feet of asphalt or concrete 111 pavement with double cattle guards. The applicant will comply with this condition. XII. Buildings & Other Structures: • Weld County Department of Planning Services (29 December 2010) — Ken Swanson — Weld County Building Official: 1. According to the narrative provided by the applicant, new construction is proposed which requires building permits. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following have been adopted by Weld County 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; 2008 National Electric Code; 2003 ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. XII. All planned building and structures are portable and necessary standard features of extraction operations. If permitting is required for essentially completed structures brought to the location, we would like to see the permitting comported • in a simplified and expedited manner so as to not unduly delay the onset of operations. Page 114 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 • XIII. Other Laws: • Weld County Department of Environmental Health (17 January 2011) — Lauren Light: 19.The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation Mining and Safety (OMLR). 20.The operation shall comply with the Mine Safety and Health Act (MSHA). 21.The operation shall comply with the Occupational Safety and Health Act (OSI IA). 22.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. Varra Companies, Inc. has conducted permitted extraction activities, since 1973 under the Colorado Mined Land Reclamation Act, and at all times consistent with diverse federal, state, and local laws. We expect the same from those who regulate us. Attachements: • 1) Colorado Department of I lealth Permits: Fugitive Dust 10WE1751F Stormwater/Discharge COG501526 2) CGRS Correspondence: 15 February 2011 10 March 2011 3) Revised Boundary and Legal — pending. Fin • Page 115 Varra Companies, Inc. Correspondence to Weld County Dept. of Planning USR 1760 Aggregated Reply to USR Referral Comments Tuesday 8 March 2010 CGENVIRONMENTAL OERWIKg @ s March 10, 2011 Varra Companies 8120 Gage Street Frederick, Colorado 80516 Attn: Mr. Brad Janes RE: Varra Great Western Sugar Project Response to Beet Waste Issue DRMS File No. M-2010-049 CGRS No. 1-135-12539aa Dear Mr.Janes: As requested we reviewed the comments provided by the Colorado Geological Survey (CGS) regarding sugar beet waste and offer the following comments. The CGS comments are generally accurate with regard to the physical properties of the beet waste. One would be concerned with best management practices if large volumes of this • material were present. However, we have assessed the site on several occasions and have observed only minimal sugar beet waste deposits — normally at the toe and bank of the old ponds. We conducted a water quality assessment prior to your initiating mine permit applications and found no evidence of adverse impacts from the beet waste or any other prior operations. Drilling data has not indicated the presence of any beet waste deposits. The de minimis volumes of beet waste are associated with the overburden that will be removed prior to mining. We do encourage the segregation of beet waste if possible; however, as the overburden material is not high quality fill the intermixing of the waste and overburden will not likely impair this mine waste's end use. In summary we do not consider the presence of minimal volumes of this material a concern for your project. If you have any questions regarding this letter, please contact me at 970-493-7780. Sincerely, CGRS, Inc.AL / Joby L.Adams, P.G. Principal/Hydrogeologist • P.O. Box 1489 Fort Collins, CO 80522 T 800-288-2657 F 970-493-7986 www.cgrs.com CGENVIRONMENTAL gAr2MCL s February 15, 2011 Varra Companies 8120 Gage Street Frederick,Colorado 80516 Attn: Mr. Brad Janes RE: Varra Great Western Sugar Project Response to Division Letter DRMS File No. M-2010-049 CGRS No.1-135-12539aa Dear Mr.Janes: As requested we have addressed specific items to the Division's Adequacy Review Comments as provided below. Item 8—To address multiple pit dewatering, CGRS ran additional simulations with dewatering occurring within the two largest pits (north and south pits)with a combined pumping rate of 7.2 • million gallons per day. The results of the simulations indicate that an additional drawdown of approximately 0.2 feet could occur under the multiple pit pumping scenario. The model boundary map is provided as Figure 1-1.The steady state head distribution map is presented as Figure 2-2. For comparison, water levels presented on Figure 3-3 should be compared to Figure 11 of our initial report. Our model results are presented as Attachment A. Item 11—It is our understanding that Varra Companies will not construct any features between its mining operations and the Poudre River. The lateral storage areas of floodways generally have very low velocity components and the critical velocity required for scour probably will not occur. The sand and gravel operations downstream of the facility have occurred over the past 40 years and aerial photographs document the lack of stream modifications even though flood events have occurred during the period.These data far outweigh any river analysis. In addition,we have not reviewed any data that indicates the river channel is unstable, which is one of the implied criteria for implementing protective measures as identified in the UDFCD Technical Guidance for Gravel Mining. The creation of substantial lateral storage can only result in beneficial effects to any flood event. To advocate the use of over engineered structures,or to further require the use of engineering studies to in effect affirm a well understood correlation, is simply inappropriate. Item A-1 —Attachment B presents a map depicting registered wells in the vicinity of the mine. With the exception of wells directly adjacent to mine face none of the wells recorded by the Division of Water Resources are constructed so that the predicted drawdown will prevent any of • the wells from the ability to "lift". Up to four wells are located immediately next to the mine face and may require water augmentation if they are currently in use. P.O. Box 1489 Fort Collins, CO 80522 T 800-288-2657 F 970-493-7986 www.cgrs.com Mr.Brad Janes Western Sugar Project Page 2 of 2 • Item A-2 —The static depth to water (7-20 feet below ground surface) is substantially greater than the root zone of indigenous vegetation. As such dewatering operations will not affect vegetation with a root zone of less than S feet—which is substantially all vegetation within the area of interest. Item A-3—As the Poudre River boundary creates an infinite water source the drawdown next to the river is not sufficient to endanger any mature trees. A-4—As presented to the Division on other projects the lining of a pond has little effect on the local hydrology and water level changes that do occur are on the order of a foot or less. Unless continuous monitoring is implemented water level changes at any distance from the pond face are,for all practical purposes, undetectable. If you have any questions regarding this letter, please contact me at 970-493-7780. Sincerely, CGRS, Inc. l! • Joby L.Adams, P.G. Principal/Hydrogeologist I/Hydrogeologist Reviewed by: Paul Sorensen, P.E. Senior Engineer • • ATTACHMENT A DEWATERING ANALYSIS-TWO PIT SIMULATIONS • • LEGEND I Constant Head y • Observation WellBoundar(Model Created) - _. y pi f:. - ,. .. - • .T,j2�: ° ,,. , ... r • t - , ...,_ , ..„„.„ - , : ,,,,, _. is .. n £ate i • OU-L • ,fe, z-.„ ,. - -- Rl I 3 ' T' ` l _ j. _ 5 .�J �i ,y l di F� � �4.z �' r T f,. °cxLz x�9r �7F 'I l�,ff�} > > lY �:.1Le� l l O F .t?..ri '�.anas-t, i,J..s�F 9�i vr� �4.ysi�• +abF`J $ k��i z� . i'Wc�L-e`..IS I. ::.[`-.l.e. . O I0 If 2000 3000 'lobo S000 6000 'QUO 7750 N FIGURE 1-1 GREAT WESTERN SUGAR PROPERTY MODEL BOUNDARY MAP VARRA COMPANIES CONSTANT HEAD-TWO PIT SIMULATION • PROJECT NO. PREPARED BY CG ENVIRONMENTAL CONSTRUCTION GREELEY,COLORADO 12539AA KJW COMPLIANCE SEE SCALE ABOVE DATE REVIEWED BY 2!1,2011 JLA LEGEND Head Contour • -f3- Observation Well (Model Created) El Dry Cell Os. t P b _ 4.i. .. 'a U' <z' f , 1 /tli F.., Y � �r ty i / -_. '' > 7 S 1 1 3 . sY i Js rr T .'S F a a-'. `h,�«x x,:.. .. L�"i[7[t' 3 a 1, ,, _� .� i , biz t 4 tt j ' - - ,,, i 7 , i \,\v/i.,,,,,), '1,\ , ',, 7 / , \ ,,,,,,,„,,," ,.2. -2 0• ......., r v ,,,_ i \ \\, --' ,,,i .- ... ro e j T Liu .3 ",,. QU-'t I "' o �a S Q ;\ rt`43 0 E000 2000 3000 1000 sob° �t000 7000 7750 N FIGURE 2-2 GREAT WESTERN SUGAR PROPERTY GROUNDWATER DISTRIBUTION MAP VARRA COMPANIES TWO PIT DEWATERINGHEAD • PROJECT NO. PREPARE CG EN D BY VIRONMENTAL 12539AA KJW CO LANOCE GREELEY,COLORADO SEE SCALE ABOVE DATE REVIEWED BY 2/1/2011 JLA 0 Calculated vs. Observed Head : Steady state OW-5 I Observed=4626.00 I I Calculated=4625.73 OW-I Observed=4624.00 j Calculated=4622.96 I I S I 73 as OW-7 x c Observed=4621.00 OW-8 .0 Calculated=4621.00 Observed=4619.00 m Calculated=4616.67 O OW-3 I . • - — Observed=4620.00 OW-6 j Calculated=4615.44 Observed=4615.50 • Calculated=4614.78 OW-4 - Observed=4618.00 o � Calculated=4613.41 YI 4610 4620 4630 Observed Head(ft) Num.of Data Points:8 Max.Residual:-4.594(ft)at OW-4/A OW-2 Standard Error of the Estimate: 0.64(ft) Min.Residual: 0(ft)at OW-7/A Observed=4616.00 Root Mean Squared:2.572(ft) Residual Mean:-1.936(ft) Calculated=4615.39 Normalized RMS: 24.497(%) Abs.Residual Mean: 1.936(ft) Correlation Coefficient: 0.93 FIGURE 3-3 GREAT WESTERN SUGAR PROPERTY OBSERVATION WELLS VARRA COMPANIES TWO PIT DE WATERING • PROJECT NO. PREPARED BY 4...n^� vfl ENVIRONMENLAL GREELEY,COLORADO 12539AA KJW lard filial COMPLIANCE DATE REVIEWED BY 2/1/2011 JLA • ATTACHMENT B REGISTERED WATER WELL LOCATIONS • • U 03 !7 N ¢ Vu- UO Of 0 -_M Q y O _— N f9 (0 I. 'elfQ li in =O .. O N N Q d , < d 4,-,f 3 t)C a r�m v mZ ai f C7 .2 `a Q, • o of aff°N g m a = c to , Cl`'/ o o st o C7 O w Oa. • rzQ 1�. CJ��J J� U .C i O C Ti Ta aer Rr ®- m N T a O '° N Z Q �y AU j 2L �1 fA , N o Y H v g ► m ,-;i C? cs ® 0 0 II 'O (aj-Qn a Z m = Z < Q a Q Z O OLIz J 0' :',"1 E c s g D.Q fi Q® ® ❑ ❑ ❑ `� 3 ► dao ne ; .l ® O i = V N N C ONmOf O YiCd D.mN v °-�' s; o II 009'9 N. ■ N O] O-O (0 O f O n . a L dI ii m O I 0 a) N > m y J m m Icr • , 1 0 _ r =-i-n- o d co CeaN^ � Lo .� .- � Y ti �111j,R ,/b -9q CI;a ..-11'',.l.:444 I ` `..ti .�. { _ '� W }o0._ 0 L, d A L.MI�J 4': X 41 c s a) if.) 4,„ ti _,,A i iyf. ,r, •i a> EEE a . '' 1-. .c' 3 e ) ' �'k _ f y h Q cn r 1 1G • -; 1 r. - - - _. a - !' - of ,., I:v -.11111.1010. STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT O- o`° i - AIR POLLUTION CONTROL DIVISION TELEPHONE: (303)692-3150 * + 1876• CONSTRUCTION PERMIT PERMIT NO: 10WE1751 F • • INITIAL APPROVAL DATE ISSUED: FEBRUARY 1, 2011 ISSUED TO: Varra Companies, Inc THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and Gravel Pit, known as the Great Western Pit#120, located at 1300 Ash Ave., in Greeley, Weld County, Colorado. ItTHE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Material extraction, handling, stockpiling, hauling, and associated conveyors and transfer points. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR • QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S.(25-7-101 et seq),TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions from processing equipment and transfer points shall not exceed twenty percent (20%)opacity during normal operation of the source. Duringperiods of startup, ; process modification, or adjustment of control equipment visible emissions shall not exceed 30%opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.&4.) I �` ,,`` 2. The particulate emission control measures listed on the attached page(as approved by the Division shall be applied to the particulate emission producing sources as required by Regulation No. 1) Section III.D.1.b. 3. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Daily records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,II.A.4) frfr Sand and Gravel production shall not exceed Z000 tons per day and 500,000 tons per year. 4. This permit is for the activities specified above; any additional process equipment (i.e. crushers, screens,etc.)to be located at this site must have a separate permit from the Division. (Reference: Reg. 3, Part B, III.E.) 5 Fugitive particulate emissions shall not exceed the following limitations(as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, 0 123/8552/001 ver. 2/00 page 2 . ill Colorado Department of Public Health and Environment Air Pollution Control Division VARRA COMPANIES, INC PERMIT NO. 10WE1751 F . Initial Approval Particulate Matter: 13.7 tons per year. PM10(Particulate Matter<10 microns): 5.1 tans per year. PM2.5 (Particulate Matter<2.5 microns): 1.4 tons per year Note: Compliance with these fugitive emission limits shall be demonstrated by not exceeding the production limits in condition number 3 and by following the attached particulate emissions control plan. 6. Process particulate emissions from conveyors and transfer points shall not exceed the following • limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, II.A.4) Particulate Matter 0.6 tons per year PM10(Particulate Matter<10 microns)' 0.3 tons per year. PM2.5(Particulate Matter=2.5 microns). 0.1 tons per year: Note: Compliance with these process emission limits shall be demonstrated by,not exceeding the production limits in condition number .3, and by operating the controls described in the application to obtain the estimated control efficiencies. • ir 7. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.3. Part A,II.C) Ji- �, a. Annually when•ever a significant increase in emissions occurs as follows: 4,4 Ill .. . . For any criteria pollutant: •ft For sources emitting less than 100 tons per year,a change in actual emissions of five tons per year or more, above the level reported on the last APEN: or b. Whenever there is a change in the owner or operator of any facility, process, or activity; or • c- • Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment;'or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. • 8_ All conveyors and transfer points will be subject to the New Source Performance Standards requirements of Regulation number 6, Subpart 000, Standards'of Performance for Nonmetallic Mineral Pr ocessing'Plants;•when used at a site with initial crushing capacity of git�ater than 150 tons per hour (portable sources) or 25 tons per hour (fixed sources)including but not limited to the following:. 'a Vrsible*emissions>from conveyors and transfer points shall not exceed 7% opacity_ -Iii addition the'following requirements of Regulation No 6. Part A, Subpart A, General Provisions, apply. . b. No article, machine,equipment or process shall be used to conceal an emission which would otherwise.constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or • • withastandardwhich is based on the concentration of a pollutant in the gases discharged to the atmosphere.'0 60.12) 12318552_/001 vet 2 :ti.. '`'cLY• -jai:33b5»w+ ;.'S."#!5$p;Av,:tr,M�h:xa' _4-4.1344f��v' i.,, ..µ. Colorado Department of Public Health and Envi page 3 Air Pollution Control Divisio 411) VARRA COMPANIES, INC PERMIT NO. 10WE1751F Initial Approval with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§60.12) b. Written notification of construction and initial startup dates shall be submitted to the Division as required under§60.7. c. Records of startups, shutdowns, and malfunctions shall be maintained, as required under §60.7. d. Compliance with opacity standards shall be demonstrated according to§ 60.11. e. At all times, including periods of start-up, shutdown,and malfunction,the facility and control equipment shall, to the extent practicable, be maintained and operated In a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on Information available to the Division, which may include, but is not limited to, monitoring results,opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) 9. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source within 18 months after either the date of issuance of this initial approval permit or the date on which such construction or activity was scheduled to commence as set forth in the permit application associated with this permit; (ii) • discontinues construction for a period of eighteen months or more; or (iii) does not complete construction within a reasonable time of the estimated completion date (See General Condition No. 6., Item 1.). Upon a showing of good cause by the permittee,the Division may grant extensions of the permit. (Reference: Regulation No. 3, Part B, Section 1II.F.4.) 10. Within one hundred and eighty days (180)after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Information on how to certify compliance was mailed with the permit or may be found at: http://www.cdphe.state.co.us/ap/downloadforms.html) • By: i^ ��t3y:! Char s N. Pray, P.E.- .L. f4 III R ancock Permit Engineer Unit Leader S 123/8552/001 ver.,2 Colorado Department of Public Health and Environment page 4 Air Pollution Control Division VARRA COMPANIES, INC PERMIT NO. 10WE1751F Initial Approval Permit History .Date. . . .. Action Descriptioni . This Issuance Initial Approval APEN Submittal Lo to be maintained further by the permittee): Renewal APEN to be APEN Submittal Date APEN.Expiration Date Remarks submitted.by . June 30, 2010 June 30, 2015 May 31, 2015 • • • • • • • 1.231 52.O1 • ver.`2 : ' Colorado Department of Public Health and Environment page 5 Air Pollution Control Division F. . VARRA COMPANIES, INC PERMIT NO. 10WE1751F t Initial Approval Notes to permit holder: 1. The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. • 2. This source is subject to the Common Provisions Regulation Part II, Subpart E, Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth In Part II.E.1. of the Common Provisions Regulation. See: http://www.cdphe.state.co.us/regulations/airregs/100102aqcccommonprovisionsreg.pdf. • 11 3. The emission levels contained in this permit are based on the following emission factors(any change in operations may factors):change these g Fugitive Particulate Matter: 0.0546 pounds per ton of Sand and Gravel Fugitive Particulate Matter< 10pm(PM10): 0,0204 pounds per ton of Sand and Gravel Note: Particulate emissions from conveyor and transfer are below reportable limits. 4014'.' 4. This source is classified as a: Minor source. At a: Minor facility. s 123/8552/001 ver. 2 page 6 Colorado Department of Public Health and Environment -- — — Air Pollution Control Division_ VARRA COMPANIES, INC PERMIT NO. 10WE1751F Initial Approval PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES,ON THE ACTIVITIES COVERED BY THIS PERMIT,AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Mining and Processing Activities -Visible emissions not to exceed 20%, no off-property transport of visible emissions. b. Haul Roads -No off-property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. • c. Haul Trucks_'- There shall be no ,off-property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off-vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Emissions from material handling(i.e.removal,.loading,and hauling)shall be controlled by watering at all limes unless natural moisture is sufficient to'control emissions. 2. Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 20 m.p.h. Speed limit signs shall be posted • • 3. Unpaved haul roads shall be watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. 4. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. • 123/8552/001 ver. 2 f *- I • Colorado Department of Public Health and Environment page 7 Air Pollution Control Division VARRA COMPANIES, INC PERMIT NO. 1 0WE1751 F Initial Approval Ail. GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 8) ; 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. II is 'lit valid only for the equipment and operations or activity specifically identified on the permit. '•'4't 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been -ft, determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this • permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit,conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. I. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location,a copy of the "'`s Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in 7 AQCC Regulation No. 3,Part B,Section 11.8. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. ID 5. Issuance(initial approval)of an emission permit does not provide"final"authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the ;ti.`....' provisions of 25-7-114.5(12)(a)C.R.S.and AQCC Regulation No.3,Part B,Section III,G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines,it will provide written documentation of such final approval,which does constitute"final"authority to operate.Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you(1)do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit,whichever is later;(2)discontinue construction fora period of ii; ; i»S 18 months or more;or(3)do not complete construction within a reasonable time of the estimated completion 'i.;,. a date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the .-1,,,,r. permittee prior to the expiration date. 7 YOU MUST notify the APCD no later than fifteen days after commencement of the permitted operation or activity by submitting a Notice of Startup(NOS)form to the APCD. The Notice of Startup(NOS) ,; 4." form may be downloaded online at www.cdphe.state.co.us/apidownloadforms.html. Failure to do so is a violation of AQCC Regulation No. 3, Part 8,Section III.G.1.,and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation *r'i?s. as stated in condition 5. 4,i, 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN)must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification,annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or the regulations of the AQCC may result in administrative,civil or criminal enforcement actions under Sections 25-7-115(enforcement),-121 (injunctions),-122(civil penalties),-122.1 (criminal penalties), C.R.S. • 1 .y 123/8552/001 ver 2 STATE OF COLORADO Bill Ritter,Jr.,Governor James B.Marlin,Executive Director oFc ts • Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr.S. Laboratory Services Division � Denver,Colorado 80246-1530 8100 Lowry Blvd. w� 76,"+ Phone(303)692-2000 Denver,Colorado 80230.6928 • TDD Line(303)691-7700 (303)692.3090 Colorado Department Located in Glendale.Colorado of Public Health Mtp://www.cdphe.state.00.us and Environment August 9,2010 Christopher L. Varna,President Vann Companies, Inc. 8120 Gage St Frederick,CO 80516 RE: Certification,for the Colorado Wastewater Discharge Permit System Permit Number: COG-500000,Facility Number: COG-501526 Dear Mr. Varra: Enclosed please find a copy of the Certification,which was issued under the Colorado Water Quality Control Act. You are legally obligated to comply with all terms and conditions of the permit and certifications. • Please read the permit and if you have any questions,contact me at(303)692-3531. Should you have questions on the fee,please call(303)692-3529. Sincerely, Loretta Houk Water Quality Protection Section WATER QUALITY CONTROL DIVISION Enclosure xc: Regional Council of Government Permit File Permit Fees /1h cert • r t j,(`,. L) AUG 1 2010 Permit Number COG-500000 Facility Number COG-501526 Page I • Colorado Discharge Permit System Regulations CERTIFICATION under DISCHARGES ASSOCIATED WITH SAND AND GRAVEL MINING AND PROCESSING OPERATIONS (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) (SIC No:1442) Category 07,Subcategory IA,Current annual fee$270(CRS 15-8-502) This certification specifically authorizes Varra Companies,Inc.to discharge in accordance with the General Permit for Sand and Gravel Mining and Processing Operations(and other nonmetallic minerals except fuel). All correspondence relative to this facility should reference the specific facility number,COG-501526 Permittee Contact Varra Companies,Inc Christopher L. Varra,President 8120 Gage Street Phone: 303-666-6657 Frederick,CO 80516 Email:vcisafetv(la msn.com Local Contact: Lucas Triebold,Safety Director Phone:303-591-1727 Project Name,Activity and Location Pit#120 Great West-groundwater from pit dewatering associated with sand and gravel mining and aggregate washing is discharged from this site.The facility is located at 1200 Ash Avenue in Greeley,(Weld County)Colorado 80631. Latitude:40.421°north, longitude:-104.665*west. Discharge Points The discharge is loacted at Latitude:40.421°north,longitude: -104.66°west. Discharge • Deserlption - - Estimated Flow Rate Point 00IA The discharge flows to a sediment basin prior to entering the Cache la Poudre. Avg.-7.2 MGD Effluent Parameters The discharge goes to Segment 12 of the Cache la Poudre River Sub-basin,South Platte River Basin,found in the Classifications and Numeric Standards for the South Platte River Basin (Regulation No. 38; last update effective June 30, 2010). Segment 12 is designated as Reviewable,and is classified for the following beneficial uses: Aquatic Life,Class 2(Warm); Recreation,Class E;and Agriculture. Effluent Limitations and Monitoring I7rralent Mottitoging Parameter 30-A Tom, Da, Rationale SmnpieType FrerenCY Avg. Avg. Maas General Permit Requirements Continuous/ Recorder/ Flow,MGD Report NA Report Discharge Evaluation Instantaneous' hi-situ 2 pH,s.u. N/A NA 6.5-9.0 Water Quality Standards 2 Days/Month Grab Oil and Grease,mg/I N/A NA 10 State Effluent Regulations 2 Days/Month Visual' Total Suspended Solids,mg/I 30 45 NA State Effluent Regulations 2 Days/Month Grab Selenium,Potentially Dissolved, Report NA Report TMDL/303(d) Monthly Grab ug/I — For a minor facility,as determined by the EPA NPDES Permit Rating Worksheet,all weekly monitoring requirements shall be changed to 2 days per month. - If power is not available,flow may be measured on an instantaneous basis. Major facilities shall monitor flow weekly,minor facilities 2 days/month - If a visual sheen is noticed,a grab sample must be taken and analyzed for oil and grease • ISSUED AND EFFECTIVE: AUGUST 6 2010 EXPIRATION: JUNE 30,2013 Permit Number COG-500000 Facility Number COG-501526 • Page la Other Conditions Chemicals The permittee did not specify any chemicals for use in waters that may be discharged. On this basis, no chemicals are approved under this permit. Prior to use of any applicable chemical,the permittee must submit a request for approval which includes the most current Material Safety Data Sheet(MSDS)for that chemical. Until approved,use of a chemical in waters that may be discharged could result in discharge of pollutants not authorized wider the permit. Antidegradation An antidegradation analysis may apply in the future if additional parameters are added to this certification.Current limits are technology based, the antidegradation does not allpy. Sampling Sampling shall occur at a point after treatment,or after the implementation of any Best Management Practices(BMPs). If BMPs or treatment are not implemented,sampling shall occur where the discharge leaves control of the permittee,and prior to entering the receiving stream. Samples must he representative of what is entering the receiving stream. Monitoring and Reporting Discharge Monitoring Reports(DMR)must be submitted quarterly as long as the certification is in effect.The permittee shall provide the Division with any additional monitoring data on the permitted discharge collected for entities other than the Division. This will be supplied to the Division within 48 hours of the receipt of the data by the permittee. This certification to discharge is effective long term. For termination of permit coverage,the permitter must initiate this by sending a letter to the Division requesting the permit certification be terminated. • Total Maximum,Daily Loads(TMDL)/303(d)Listings Segment 12 of the Cache La Poudre River Sub-basin,South Platte River Basin is on the 303(d)list as impaired for Selenium and E. coli with a designation of Low priorityfor Selenium and High for E. coli. A TMDL has not yet been developed or finalized,and therefore waste load allocations have not been made for this parameter. At such time as a TMDL is complete,this certification may be reopened,and limitations and or monitoring requirements may be added. Until such time,monitoring and reporting for Selnium will be required. Best Management Practices The permittee shall implement and maintain the Best Management Practices(BMP)for the prevention of erosion and the control of solid and liquid pollutants due to the discharge. BMPs include various options,such as:modification of the pipe discharge structure to disperse flows;containment of water by hay bales or other comparable structures;the use of geocloth, filter fabric,or plastic sheeting for protection of containment structures;rip-rap;and/or any other approved methods. Stormwater Management Plan See Part I.C.of the permit for stormwater requirements. At the time of application,the permittee certified that they had developed and implemented a Stormwater Management Plan(SWMP) for this facility. The permittee shall amend the SWMP whenever there is a change in design,construction,operation,or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the State,or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with mining activity. A copy of the SWMP must be kept on site and provided to the Division upon request. The General Permit for Sand and Gravel Mining and Processing Operations(and other nonmetallic minerals except fuel) is attached. The permittee should review this permit for familiarity with all of the permit requirements. If the permittee has questions related to this certification that cannot be answered by a review of the permit,the permit writer should be contacted. • Permit Writer Maura McGovern 303-692-3392 August 4,2010 Permit No COG-500000 CDPS GENERAL PERMIT • FOR SAND AND GRAVEL MINING AND PROCESSING (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act(25-8-101 et seq., CRS, 1973 as amended), facilities engaged in mining and processing of sand and gravel and other nonmetallic minerals(except fuel)are authorized to discharge surface runoff and process water from authorized locations throughout the State of Colorado to specified surface waters of the State. Such discharges shall be in accordance with conditions of this permit. The applicant may demand an adjudicatory hearing within thirty (30)days of the issuance of the final permit determination, per the Colorado Discharge Permit System Regulations, Regulation No. 61 (5 CCR 1002-61). Should the applicant choose to contest any of the effluent limitations, monitoring requirements or other conditions contained herein, the applicant must comply with Section 24-4-104 CRS and the Colorado Discharge Permit System Regulations. Failure to contest any such effluent limitation, monitoring requirement, or other condition, constitutes consent to the condition by the Applicant. This permit specifically authorizes the facility listed on page 1 of this permit to discharge process generated • wastewaters and/or stormwater, as of the date stated below, in accordance with the permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30; 2013 Issued and Signed this 30th day of May, 2008 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AibL4 (4 Janet Kiefer, Permits Section Manager Water Quality Control Division ISSUED AND SIGNED: MAY 30,2008 • EFFECTIVE DATE OF PERMIT: JULY 1,2008 • TABLE OF CONTENTS PARTI A. COVERAGE UNDER THIS PERMIT 3 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 3 I. Effluent Limitations and Monitoring Requirements—Crushed Stone,Construction Gravel,etc 4 2. Effluent Limitations and Monitoring Requirements—Phosphate Rock Mining 4 3. Effluent Limitations and Monitoring Requirements—Industrial Sand 5 4. Effluent Limitations and Monitoring Requirements-Industrial Sand-I-IF 5 5. Effluent Limitations and Monitoring Requirements-Graphite 6 6. Effluent Limitations and Monitoring Requirements-Batch Plants 6 7. Compliance Schedules 7 8. WET Testing 7 C. STORMWATERDISCHARGES 7 D. DEFINITIONS OF TERMS 9 E. GENERAL MONITORING,SAMPLING AND REPORTING REQUIREMENTS 14 I. Routine Reporting of Data 15 2. Reporting-Stormwater Annual Report Is 3. Representative Sampling 15 4. Analytical and Sampling Methods for Monitoring 16 5. Records 16 6. Flow Measuring Device 17 7. Signatory and Certification Requirements 17 PART II 17 A. NOTIFICATION REQUIREMENTS 18 1. Notification to Parties 18 2. Change in Discharge Ig 3. Special Notifications-Definitions 1S 4. Noncompliance Notification I9 • 5. Other Notification Requirements 19 6. Bypass Notification 19 7. Upsets 20 8. Discharge Point 20 9. Proper Operation and Maintenance 20 10. Minimization of Adverse Impact 20 1 I. Removed Substances 21 12. Submission of Incorrect or Incomplete Information 21 13. Bypass 21 14. Reduction,Loss,or Failure Of Treatment Facility 21 B. RESPONSIBILITIES 21 1. Inspections and Right to Entry 21 2. Duty to Provide Information 21 3. Transfer of Ownership or Control 22 4. Availability of Reports 22 5. Modification,Suspension,Revocation,or Termination of Permits By the Division 22 6. Oil and Hazardous Substance Liability 22 7. State Laws 24 24 8. Permit Violations 9. Property Rights 24 • 10. Severability 24 25 II. Renewal Application 12. Confidentiality 25 25 13. Fees 14. Duration of Permit 25 II Section 307 Toxics 25 16. Antibacksliding 25 17. Effect of Permit Issuance 25 18. Requiring an Individual CDPS Permit 26 19. Requesting an Individual CDPS Permit 26 • 20. Requesting Coverage Under the General Permit 26 27 PARTI Page No 3 Permit No COO-500000 • A. COVERAGE UNDER THIS PERMIT I. This general permit authorizes stormwater and process water discharges from sand and gravel operations and other non- metallic mineral mining(except fuel),including asphalt and concrete batch plants into surface waters of the State of Colorado. Discharges to groundwater are not authorized under this general permit,and would be subject to the jurisdiction of the Division of Reclamation,Mining and Safety. This permit may cover the stormwater and process water discharges from crushed stone,construction sand and gravel, phosphate rock,industrial sand,graphite,and concrete or hot asphalt batch plants as defined in 40 CFR Part 436. This general permit does pgtcover the discharge from any domestic type wastewaters,or operations mining or processing from gypsum,asphaltic mineral,asbestos and wollastonite,barite,fluorspar,salines from brine lakes,borax,potash, sodium sulfate,frasch sulfur,bentonite,magnesite,diatomite,jade,novaculite,or tripoli facilities.An individual permit may be necessary for the coverage of domestic wastewater in combination with any other allowable discharge due to the incorporation of baseline conditions into the federal limitations.Due to the nature of general permits,determinations of the assimilative capacity of the receiving stream(s)are not available. All limitations set in this permit are based upon the most stringent water quality standards,the Regulations for Effluent Limitations,and/or the federal effluent limitation guidelines. Discharges may be covered under this permit at the Division's discretion,providing that such wastewater would not require effluent limitations and/or monitoring requirements other than those contained in this permit. Such determinations will be made on a case-by-case basis upon review of the permit application and any additional relevant information. If discharge from one or more of the above listed sources require additional limitations and/or monitoring requirements,an individual permit may be required. Multiple discharge points from one facility may be authorized through this permit providing all meet these criteria. 2. This permit does not constitute authorization under 33 U.S.C. 1344(Section 404 of the Clean Water Act)of any stream dredging or filling operations. 3. In order to apply for certification under this general permit,the owner,operator,and/or authorized agent of the subject facility • shall submit by certified mail or hand delivery,the completed General Permit for Nonmetallic Mineral Mining and Processing (Sand and Gravel)Application. If the discharge is to a storm sewer system,ditch,or other manmade conveyance,approval from the owner of the system must be obtained before discharge. At least 30 days before the anticipated date of discharge,the application in its entirety,shall be submitted to: Colorado Department of Public Health and Environment Water Quality Control Division Permits Section 4300 Cherry Creek Drive South Denver,CO 80246 The Division shall have up to thirty days after receipt of the above information to request additional data or deny the authorization to discharge under this general permit. Upon receipt of additional information,the Division shall have an additional 30 days to issue or deny authorization to discharge. If the Division determines that a new facility does not fall under the authority of the general permit,then the information received will be processed for an individual permit,and the applicant shall be notified of such a determination. If during the renewal process,the Division determines that a facility no longer qualifies for the general permit,the facility will be allowed to discharge under the general permit until an individual permit is issued. 4. The final limitations to be applied under this permit shall take into consideration the application of the appropriate discharge categories,applicable water quality standards,control regulations,total maximum daily loads,and other regulatory requirements. Potential limitations may include but are not limited to the general limitations as provided in Part LB below. 5. Authorization to discharge under this general permit shall expire on June 30.2013. The Division must evaluate this general permit once every five years and must recertify all applicants'authority to discharge under the general permit at • such time. Therefore,a pennittee desiring continued coverage under the general permit must reapply by November 30. 2012. The Division will determine if the applicant continues to operate under terms of the general permit. 6. No chemicals shall Ix added to the discharge unless the Division grants specific approval in a certification, letter,or other PART I Page No 4 Permit No COG-500000 • form of communication. To approve a chemical(including release agents),the Division must have the chemical's MSDS sheet. All chemicals must be used and stored in accordance with the manufacturers recommendations and in accordance with any applicable state or federal regulation. 7. There shall be no discharge of solid animal or food waste,vegetative wastes(grass, leaves,manure,garbage,etc),or any floating solids or visible foam, in other than trace amounts. 8. MI discharges must comply with the lawful requirements of federal agencies, municipalities,counties,drainage districts and other local agencies regarding any discharges to storm drains systems,conveyances,or other water courses under their jurisdiction. In addition,prior to the discharge the permittce must notify the owner of the system of the date,approximate time,location,and duration of the discharge(s). 9. Bulk storage structures for petroleum products and other chemicals shall have secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering discharged waters or waters of the State. B.1FFLUENT LIMITATIONS AND MONITORING REOULREMENTS I. Effluent Limitations and Monitoring Requirements — Crushed Stone, Construction Gravel and all other industrial facilities covered under SIC Code 14(not covered below) a. Crushed Stone-means process wastewater generated during the mining or quarrying and processing of crushed and broken stone and rip rap.This includes all types of rock and stone, x e t rock and stone that is crushed or broken prior to the extraction of mineral,which is covered elsewhere. The processing of calcite,however, in conjunction with the processing of crushed and broken limestone or dolomite is included. b. Construction Sand and Gravel—means process wastewater generated during the mining and processing of sand and gravel for construction or fill uses. • The above categories arc subject to 40 CFR Part 436 Subparts B(Crushed Stone),and C(Construction Sand and Gravel). These limitations also apply to all other industrial facilities covered under SIC Code 14(that are not covered below). The following limitations apply as outlined in these subparts. Limitations Parameter 30-Day 7-Day Daily Rationale Monitoring Sample Avg. Avg. Max. Frequency' Type General Permit Requirements Flow,MGD • Report NA Report Discharge Evaluation Continuous/ Recorder/ pH,s.u. N/A Instantaneous? In-situ 1 NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/I N/A NA 10 State Effluent Regulations Weekly Visual 3 Total Suspended Solids,mg/I 30 45 NA State Effluent Regulations Weekly Grab Site Specific Limitations Total Dissolved Solids,mg/1• Report NA Report Salinity Regulations Quarterly Grab Total Phosphorus(as P), mg/I•• Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) State Permit Limitations Chronic Stat Difand IC25>IWC Quarterly 3 Grab/Test Acute LC50> 100% Quarterly Grab i-f'or a minor facility,as determined by the EPA NPDES Permit Rating Worksheet,alt weekly monitoring requirements shalt be changed to 2 days per month 2-If power is not available,flow may be measured on an instantaneous basis. Major facilities shall monitor flow weekly,minor facilities 2 days I month 3—if a visual sheen it noticed,a grab sample must be taken and analyzed for oil and grease 4-Quarterly monitoring shall be prescribed if the limitation is based upon discharge to the Colorado River Basin If the limitation is based upon agricultural protection. the monitoring frequency shall be weekly •The IDS limitation will normally apply to discharges in the Colorado River Basin • ••The phosphorus limitations apply to discharges to the Dillon Reservoir Watershed,Cherry Creek Reservoir Watershed Chatfield Reservoir Watershed,and the Bear Creek Watershed,as defined in Regulation 71,72,73 or 74 iapctively The perminec may be required to obtain a phosphorus allocation from the applicable control regulation authority prior to certification under this general permit PART 11 Page No.5 Permit No COG-500000 • 2. Effluent Limitations and Monitoring Requirements—Phosphate Rock Mining-means process wastewater generated by the mining or quarrying of phosphate bearing rock,ore, or earth, for the phosphate content. The above category is subject to 40 CFR Part 436 Subpart R(Phosphate Rock). The following limitations apply as outlined in this subpart. Liimitao oos Parameter • .:3�ay.. -VW .. Pn. f :5, • 'Raiaoste. t •'Avg. ling *Vie Avg. 'Maxx. • •' . -- General Permit Requirements Flow,MGD Continuous/ Recorder/ Report NA Report Discharge Evaluation 2 Instantaneous 1n-situ pH,s.u. N/A NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/I N/A NA 10 State Effluent Regulations Weekly Visual' Federal Effluent Limitation Guidelines - Total Suspended Solids, mg/I 30 NA 60 Federal ELG Weekly Grab Site Specific Limitations Total Dissolved Solids,mg/I • Report NA Report Salinity Regulations Quarterly I Grab Total Phosphorus(as P),mg/I •• Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) State Permit Limitations Quarterly 3 Grab/Test Chronic Stat Diff and IC25>1WC Grab LC50> 100% Quarterly Footnotes 1-4,'and"can be found under Part 1.8.1. 3. Effluent Limitations and Monitoring Requirements—Industrial Sand-means process wastewater generated during the mining and 0 processing of sand and gravel for uses other than construction and fill.These uses include,but are not limited to,glassmaking, molding,abrasives,filtration,refractories,and refractory bonding.This does not include HF flotation facilities.which are covered in a different table. The above category is subject to 40 CFR Part 436 Subpart D(Industrial Sand). The following limitations apply as outlined in this subpart. Limitations Monitoring Sample Parameter 30-Day 7-Day Daily Rationale Frequencyt Type Avg. Avg. Max. General Permit Requirements Flow,MGD Report NA Report Discharge Evaluation Continuous/� Recorder/ Instantaneous In-situ pH,s.u. N/A NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/l N/A NA 10 State Effluent Regulations Weekly Visual' —Federal Effluent Limitation Guidelines Total Suspended Solids,mg/I 25 NA 45 Federal ELG Weekly Grab --Site Specific Limitations ------ Total Dissolved Solids,mg/1• Report NA Report Salinity Regulations Quarterly' Grab Total Phosphorus(as P),mg/1 •• Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) State Permit Limitations Quarterly 3 Grab/Test Chronic Stat Diff and IC25> IWC Quarterly Grab Acute LC50> 100% Footnotes 1-4,•and••can be found under Part 1.8.1. 0 PART if Page No 6 Permit No COG-500000 • 4. Effluent Lirnitationf and Monitoring Requirements-Industrial Sand,HF Flotation- means process wastewater generated during the mining and processing of sand and gravel using HE Flotation for uses other than construction and fill. The above category is subject to 40 CFR Part 436 Subpart D(Industrial Sand,HF Flotation). The following limitations apply as outlined to this subpart. Parameter l.iatifiations 7-Day f Max; ogaitle • g Sample 30-Day.Avg. Avg. . , . . :Frequency' Type —General Permit Requirements Flow,MGD Report NA Report Discharge Evaluation Continuous/ Recorder/ pH,s.u. N/A NA Instantaneous` In-situ 2 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/I N/A NA 10 State Effluent Regulations Weekly Visual' Federal Effluent Limitation Guidelines- _ Total Suspended Solids,lbs/day 0.023 lbs per 0.046 lbs oer 1,000 lbs total NA 1,000 lbs total Federal ELG productions•• production'•• Weekly Grab Total Fluoride,lbs/day 0.003 lbs per 0.006 lbs per 1,000 lbs total NA 1,000 lbs total Federal ELG Weekly Grab production••• production**' Site Specific Limitations------ -__� Total Production,lbs/day Report NA Report Discharge Evaluation Weekly �— Actual Total Dissolved Solids,mg/I • Report NA Report Salinity Regulations Quarterly ' Total Phosphorus(as P),mg/I •• Report NA Various Q y Grab Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) Stat IIIe Permit Limitations Chronic Stat Diffand IC25>IWC Quarterly 3 Grab/Test Acute LC50> 100% Quarterly Grab Footnotes I-4,•and••can be found under Part 1.8.1 5. Effluent Limitations and Monitoring Requirements-Graphite Mining-means process wastewater generated during the mining and processing of naturally occurring graphite. The above category is subject to 40 CFR Part 436 Subpart AL(Graphite). The following limitations apply as outlined in this subpart. Limitations Parameter 7-Day Daily Max. Rationale Monitoring Sample 30-Day Avg. Avg. Frequency ' Type General Permit Requirements Flow,MOD -� Report NA Report Discharge Evaluation Continuous/ Recorder/ InS[antanCOll52 In-situ 2 pH,s.u. N/A NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/I N/A NA 10 State Effluent Regulations Weekly Visual' Federal Effluent Limitation Guidelines — Total Suspended Solids,mg/I 10 NA 20 Federal ELG Weekly Grab Total Iron,mg/l I NA 2 Federal ELG Weekly Grab Site Specific Limitations -- Total Dissolved Solids,mg/I • Report NA Report Salinity Regulations Quarterly' Grab Total Phosphorus(as P). mg/I•• Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) Chronic Stat Diff and 1C25 > IWC State Permit Limitations Quarterly 3 Grab/Test OpAcute LC5O> 100% Quarterly Grab Footnotes 1-4,•and••can be found under Part 1.8.1. PART II Page No.7 Permit No.COG-5O0000 • 6. Effluent Limitations and Monitoring Requirements-Concrete and Hot Asphalt Batch Plants-means process wastewater generated during the mixing process.This also includes the associated truck and drum wash area for concrete facilities,and the wet scrubber discharge from hot asphalt plants. Luntmtions Parameter 36-Day 7-Day Deily Rationale Mond°rmB Sample Avg. Avg: ' .'INpt., ' Fir +envy Type General Permit Requirements Flow,MGD Report NA Report Discharge Evaluation IConti Continuous IRecorder n-situ 2 / pH,s.u. N/A NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/I N/A NA 10 State Effluent Regulations Weekly Visual' Total Suspended Solids,mg/I 30 NA 45 State Effluent Regulations Weekly Grab Federal Effluent Limitation Guidelines Total Iron,mg/I I NA 2 Federal ELG Weekly Grab -Site Specific Limitations Total Dissolved Solids,mg/I• Report NA Report Salinity Regulations Quarterly' Grab Total Phosphorus(as P),mg/I•• Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) Stet Diff and IC25≥IWC State Permit Limitations Quarterly 3 Grab/Test Chronic LC50> 100% Footnotes l.4,•and••can be found under Part 1.8.1. 7. Compliance Schedules-If necessary,any compliance schedule items will be noted in the certification to discharge. • 8. WET Testing • a. Acute WET Testing(See also Part I.B.7.c for WET requirements applicable to both chronic and acute WET testing) I. Testing and Reporting Requirements Tests shall be done at the frequency listed in Parts I.B.1 through 1.8.6. Test results shall be reported along with the Discharge Monitoring Report(DMR)submitted for the end of the reporting period when the sample was taken.(i.e.,WET testing results for the calendar quarter ending March 31 shall be reported with the DMR due April 28,etc.) The results shall be submitted on the Acute Toxicity Test report form,available from the Division. Copies of these reports are to be submitted to the Division along with the DMR. The permittee shall conduct each acute WET test in general accordance with methods described in Methods for Measuring the Acute Toxicity ofEffluents andEeceivins Waters to Freshwater and Marine Organisms EPA/600/4-90/027 or its most current edition,except as modified by the most current Division guidance document entitled Guidelines for Conducting Whole Effluent Toxicity Tests,. The permittee shall conduct an acute 48-hour WET test using Ceriodaohnia sp.,and an acute 96-hour WET test using fathead minnows. Acute tests will be replacement static tests of a single effluent grab sample. 2. Failure of Test and Division Notification An acute WET test is failed whenever the LCso,which represents an estimate of the effluent concentration which is lethal to 50%of the test organisms in the time period prescribed by the test,is found to be less than or equal to 100%effluent. The permittee must provide written notification of the failure of a WET test to the Division,along with a statement as to whether the Preliminary Toxicity Incident(PTI)/foxicity Identification Evaluation(TIE)investigation or accelerated testing is being performed. Notification must be received by the Division within 14 calendar days of the demonstration of acute WET in the routine required test. Demonstration means no later than the last day of the laboratory test. b. Chronic WET Testing(See also Part I.B.7.c for WET requirements applicable to both chronic and acute WET testing) • I.Testing and Reporting Requirements Tests shall be done at the frequency listed in Parts 113.1 through I.B.6. Test results shall be reported along with the Discharge Monitoring Report(f-MR)submitted for the reporting period during which the sample was•aken.(i.e.,WET PART II Page No 8 Permit No COG-5000(x1 • testing results for the first calendar quarter ending March 31 shall be reported with the DMR due April 28.) The results shall be submitted on the Chronic Toxicity Test report form,available from the Division.Copies of these reports are to be submitted to the Division along with the DMR. The permittee shall conduct each chronic WET test in general accordance with methods described in Short Term Metb,,ds for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms EPA/600/4-89/001— 0 the most current edition,except as modified by the most current Division guidance document entitled Guidelines for con Whole Effluent Toxicity Tests. The pennittee shall conduct such tests using Ceriodaphnia dubia and fathead minnows. 2. Failure of Test and Division Notification A chronic WET test is failed whenever I)there is a statistically significant difference in lethality between the control and any effluent concentration less than or equal to the instream waste concentration(IWC)and 2)the ICU,which represents an estimate of the effluent concentration at which 25%of the test organisms demonstrate inhibition as reflected by lethality,is at any effluent concentration less than or equal to the IWC.The perminee must provide written notification of the failure of a WET test to the Division,along with a statement as to whether a Preliminary Toxicity Investigation(PTI)/Toxicity Identification Evaluation(TIE)or accelerated testing is being performed(see Part I.B.7.c.). Notification must be received by the Division within 21 calendar days of the demonstration of chronic WET in the routine required test. Demonstration means no later than the last day of the laboratory test. c. Other WET Testing Requirements Applicable to both Chronic and Acute WET Testing I. Automatic Compliance Schedule Upon Failure of Test If a routine chronic WET test is failed,regardless of whether the limit is in effect,the following automatic compliance schedule shall apply. As part of this,the pennittee shall either: i. Proceed to conduct the PTI/TIE investigation as described in Part LB.7.c.,or ii. Conduct accelerated testing using the single species found to be more sensitive. • If accelerated testing is being performed,the permittee shall provide written notification of the results within 14 calendar days of completion of the Pattern of Toxicity/No Toxicity demonstration. Testing will be at least once every two weeks for up to five tests until; 1)two consecutive tests fail or three of five tests fail,in which case a pattern of toxicity has been demonstrated or 2)two consecutive tests pass or three of five tests pass,in which case no pattern of toxicity has been found. If no pattern of toxicity is found the toxicity episode is considered to be ended and routine testing is to resume. If a pattern of toxicity is found,a PTI/TTE investigation is to be performed. If a pattern of toxicity is not demonstrated but a significant level of erratic toxicity is found,the Division may require an increased frequency of routine monitoring or some other modified approach. 2. PTI/T1E The results of the PTI/TIE investigation are to be received by the Division within 120 days of the demonstration of chronic WET in the routine test,as defined above,or if accelerated testing is performed,the date the pattern of toxicity is demonstrated. A status report is to be provided to the Division at the 30,60 and 90 day points of the PTI/TIE investigation. The Division may extend the time frame for investigation where reasonable justification exists. A request for an extension must be made in writing and received prior to the 120 day deadline. Such request must include a justification and supporting data for such an extension. The pennittee may use the time for investigation to conduct a P11 or move directly into the TIE. A PTT consists of a brief search for possible sources of WET,which might reveal causes of such toxicity and appropriate corrective actions more simply and cost effectively than a formal TIE. If the PT!allows resolution of the WET incident,the TIE need not necessarily be conducted. If,however,WET is not identified or resolved during the P11,the TIE must be conducted within the allowed 120 day time frame. Any permittee that is required to conduct a PTI/TIE investigation shall do so in conformance with procedures identified in the following documents,or as subsequently updated: I)Toxicity Identification Evaluation:Characterization of Chronically Toxic Effluents,Phase I,EPA/600/6-91/005F May 92.2)Methods for Aquatic Toxicity Identification Evaluations,Phase I Toxicity Characterization Procedures,EPA/600/6-91/003 Feb.91 and 3)Methods for Aquatic Toxicity Identification • Evaluations,Phase II Toxicity Identification Procedures,EPA/600/3-88/035 Feb. 1989. A fourth document in this series is Methods for Aquatic Toxicity Identification Evaluations,Phase III Toxicity Confirmation Procedures,EPA/600'3-88/036 Feb. 1989. As indicated by the title,this procedure is intenerd to confirm that the suspected toxicant is truly the toxicant. This investigation is optional. PART II Page No 9 Permit No COG-500000 Within 90 days of the determination of the toxicant or no later than 210 days after demonstration of toxicity,whichever is sooner,a control program is to be developed and received by the Division. The program shall set down a method and procedure for elimination of the toxicity to acceptable levels. 3. Request For Relief The permittee may request relief from further investigation and testing where the toxicant has not been determined and suitable treatment does not appear possible. In requesting such relief,the permittee shall submit material sufficient to establish the following: i. It has complied with terms and conditions of the permit compliance schedule for the PTI/TIE investigation and other appropriate conditions as may have been required by the WQCD; ii. During the period of the toxicity incident it has been in compliance with all other permit conditions,including,in the case of a POTW,pretreatment requirements; iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems of treatment and control;and iv. Despite the circumstances described in paragraphs(i)and(iii)above,the source and/or cause of toxicity could not be located or resolved. If deemed appropriate by the Division,the permit or the compliance schedule may be modified to revise the ongoing monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources, provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain. 4. Spontaneous Disappearance If toxicity spontaneously disappears at any time after a test failure,the permittee shall notify the Division in writing within 14 days of a demonstration of disappearance of the toxicity. The Division may require the permittee to develop and submit additional information,which may include,but is not limited to,the results of additional testing. If no pattern of toxicity is identified or recurring toxicity is not identified,the toxicity incident response is considered closed and normal WET testing shall resume. 5. Toxicity Reopener This permit may be reopened and modified(following proper administrative procedures)to include new compliance dates, additional or modified numerical permit limitations,a new or different compliance schedule,a change in the whole effluent toxicity testing protocol,or any other conditions related to the control of toxicants if one or more of the following events occur: i. Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. ii. The PTUTIE results indicate that the identified toxicant(s)represent pollutant(s)that may be controlled with specific numerical limits and the permit issuing authority agrees that the control of such toxicants through numerical limits is the most appropriate course of action. iii.The PTI TIE reveals other unique conditions or characteristics,which,in the opinion of the permit issuing authority, justify the incorporation of unanticipated special conditions in the permit. C. STORMWATER DISCHARGES (This section(I.C)applies to all facilities with a potential discharge of stormwater.) I. Stormwater Management Plan(SWMP) A Stormwater Management Plan(SWMP)shall be developed for each facility covered by this section(Part I.C). The SWMP shall be prepared in accordance with good engineering,hydrologic and pollution control practices. (The SWMP need not be prepared by a registered engineer.) PART II • Page No 10 Permit No.COG-500000 The plan shall identify potential sources of pollution(including sediment),which may reasonably be expected to affect the quality of stormwater discharges associated with the mining activity. In addition,the plan shall describe the practices to be used to reduce the pollutants in stormwater discharges associated with mining activity at the facility;and ensure the practices are selected and described in accordance with good engineering practices,including the installation,implementation and maintenance requirements. Also,the plan shall be properly prepared,and updated in accordance with Part I.D.5.c,to ensure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the SWMP as written and updated,from commencement of site activity until final reclamation is complete,as a condition of this permit. The Division reserves the right to review the SWMP,and to require the permittee to develop and implement additional measures to prevent and control pollution as needed. The permittee must implement the provisions of SWMP required under this part as a condition of this permit. For any sites under this permit that had permit coverage before September 30,2007,the permittee's SMWP must meet the new SWMP requirements as summarized in Section 11.1 of the rationale. Any needed changes must be made within 5 months of the effective date of the certification. The SWMP shall include the following items,at a minimum: a. Site Map: The plan shall provide a site map or maps,which indicate at a minimum: - Mining site boundaries; - Access and haul roads; - Stormwater outfalls and an outline of the drainage area of each stormwater outfall; - An estimate of the direction of flow; - Each existing structural control measure to reduce pollutants in stormwater runoff; - Non-structural BNfPs,as applicable; - Springs,streams,wetlands and other surface waters; - Mine drainage or any other process water; - Dedicated asphalt or concrete batch plants; - Areas used for recycling of asphalt or concrete - All areas of soil disturbance; - The location and description of all potential stormwater pollution sources,including,but not limited to,the following: - Materials handling areas; - Vehicle fueling areas; - Fertilizer or chemical storage areas; - Areas used for storage or disposal of overburden,materials,soils or wastes;and - Areas used far mineral milling and processing. - Boundary of tributary area that is subject to effluent limitations;and - Date the map was prepared. b. Description of Potential Pollutant Sources/Material Inventory: The SWMP shall identify potential sources of pollutants(activities and materials)at the site,and assess the potential of these sources to contribute pollutants to stormwater discharges associated with mining activities. The SWMP must also describe appropriate Best Management Practices(BMPs)to reduce the potential of these identified sources to contribute pollutants to stormwater discharges. At a minimum,each of the following shall be evaluated for the reasonable potential for contributing pollutants to runoff: - Loading and unloading operations; - Outdoor storage of chemicals or equipment; - Crushing facilities or significant dust and particulate generating activities; • On site waste disposal practices; - Stockpiles of overburden,raw material,intermediate products,byproducts, finished products or waste products; - Dedicated asphalt or concrete batch plants; - Areas used for recycling of asphalt or concrete - Routine maintenance activities involving fertilizers,pesticides,detergents,fuels,solvents,oils,etc.; - Haul roads;and - Disturbed areas. In each case where stormwater pollution potential exists,appropriate preventive measures must be taken and documented. PART II Page No.I I Permit No COG-500000 c. Stormwater Quality Controls: Each site covered by this permit shall develop a description of stormwater quality controls appropriate for that site,and implement such controls. The appropriateness and priorities of controls in the plan shall reflect identified potential sources of pollutants at the site. The SWMP shall clearly describe the installation and implementation specifications for each BMP identified in the SWMP to ensure proper implementation,operation and maintenance of the BMP. The description of stormwater quality controls shall address the following minimum components,including a schedule for implementing such controls: I) SWMP Administrator: The SWMP shall identify a specific individual(s),position or title within the mining organization who is responsible for developing,implementing,maintaining,and revising the SWMP. The activities and responsibilities of the administrator shall address all aspects of the facility's SWMP. 2) Materials Handling and Spill Prevention: Areas or procedures where potential spills can occur must have spill prevention and response procedures identified in the SWMP. The SWMP shall clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant materials that could contribute pollutants to runoff. Such procedures or significant materials could include exposed storage of fuels, other chemicals,or waste material;and equipment maintenance areas. 3) Erosion and Sediment Controls: Describe the BMPs that will be used to reduce erosion and prevent sediment delivery to State waters. These should include structural(such as silt fences,sediment ponds,drop structures, check dams)and non-structural(such as mulching and revegetation)practices. 4) Other Pollution Prevention Measures:The plan shall identify any other structural and non-structural measures for stormwater quality control on-site. 5) Preventive Maintenance: A preventive maintenance program is required,and shall involve inspection and maintenance of stormwater management devices(maintenance of dikes separating mine drainage from stormwater,cleaning oil/water separators and catch basins,etc.)as well as inspecting and testing of equipment and systems to prevent conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters. These periodic inspections are different from the comprehensive site evaluation(see Part I.D.5), although the former may be incorporated into the latter.Equipment,area,or other inspections are typically visual and are normally conducted on a regular basis(e.g.,daily inspections of loading areas). 6) Good Housekeeping: The SWMP shall identify good housekeeping procedures that will be followed by the mining operation. Good housekeeping requires the maintenance of a clean,orderly facility. This part of the SWMP shall address cleaning and maintenance schedules,trash collection and disposal and collection practices, grounds maintenance,etc. 7) Identification of Discharges other than Stormwater The stonuwater conveyance system on the site shall be evaluated for the presence of discharges other than stormwater,such as mine drainage,spoil springs,sanitary waste,or process water of any kind. The SWMP shall include a description of the results of any evaluation for the presence of discharges other than stormwater,the method used,the date of the evaluation,and the on-site drainage points that were directly observed during the evaluation. A number of discharges other than stormwater may not require a CDPS Industrial Wastewater Discharge permit and are considered Allowable Non-Stormwater Discharges.Any of these discharges that exist at the site must be identified in the SWMP. See Part of the permit for the list of such allowable discharges. 2. $MP Implementation and Design Standards Facilities must select,install,implement,and maintain appropriate BMPs,following good engineering,hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. 3. Consistency with Other Plans SWMPs may reflect requirements for Spill Prevention Control and Countermeasure(SPCC)plans under section 311 of the CWA,or Best Management Practices(BMPs)Programs otherwise required by a CDPS permit,and may incorporate any part of such plans into the SWMP by reference. The SWMP may rely upon information developed for other similar pollution control programs,including the Mined Land Reclamation Plan. Appropriate portions of these other plans may be incorporated in the SWMP by reference,as long as the reference materials are maintained on site,and a complete SWMP can be reproduced and submitted to the requesting agency. The SWMP must also be readily available to an on-site inspector. PART 11 • Page No 12 Permit No COG-5000(x) 4. Facility Inspections In addition to the inspections necessary to comply with the preventive maintenance program requirements in Part I.B.4.c, qualified personnel identified by the permittee shall make a comprehensive inspection of their stormwater management system, at least twice per year,except as provided in paragraphs d,e and f,below. The inspections must be conducted in approximately the spring and fall;if this is not possible,the inspections must be conducted at least I20 days apart. These comprehensive inspections must be documented and summarized in the Annual Report(see Part I.D.4 of the permit). a. Material handling areas,disturbed areas,areas used for material storage that are exposed to precipitation, and other potential sources of pollution identified in the SWMP in accordance with Part I.C.2 of this permit shall be inspected for evidence of,or the potential for,pollutants entering the drainage system. Structural stormwater management measures. sediment and control measures,and other structural pollution prevention measures identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the plan, such as spill response equipment,shall be made. b. Any repairs or maintenance needs identified by the inspection shall be completed immediately. Based on the results of the inspection,if revisions to the description of the potential pollutant sources and the pollution prevention and control measures identified in the SWMP are needed,the plan shall be revised as appropriate as soon as practicable after such inspection. Revised control measures shall be implemented in a timely manner,but in no case more than 60 calendar days after the inspection,unless otherwise provided by the Division,and in compliance with the requirements of Part I.D.2.c.2. c. A report summarizing the scope of the inspection,personnel making the inspection,the date(s)of the inspection, significant observations relating to the implementation of the SWMP,and actions taken in accordance with paragraph (b),above,shall be made and retained as part of the SWMP for at least three years after the date of inspection. Significant observations include such things as the locations of discharges of pollutants from the site;locations of previously unidentified sources of pollutants;locations of BMPs needing maintenance or repair, locations of failed BMPs that need replacement;and locations where additional BMPs are needed. The report must also document any incidents of noncompliance observed. This record shall be made available to the Division upon request and summarized in the Annual Report. d. Where semi-annual site inspections are shown in the plan to be impractical for sites where an employee is not stationed or does not routinely visit the site,inspections as required in this part shall be conducted at appropriate intervals specified in the plan,but never less than once in two years. c. Inactive Sites: Where semi-annual site inspections are shown in the plan to be impractical for inactive sites(sites where industrial activity is no longer conducted),site inspections required by this part shall be conducted at appropriate intervals specified in the plan,but,in no case less than once in three years. At lease one site inspection required under this part shall be conducted before October I,2011 or the date two years after such site becomes inactive,whichever is earlier. f. Reclamation Operations: For sites undergoing reclamation and where all mining activity has ceased,qualified personnel identified by the operator permittee shall make a thorough inspection of their stormwater management system,at least once per year(in the field season). Where annual site inspections are shown in the plan to be impracticable,because an employee is not stationed at or does not routinely visit the site,inspections as required in this part shall be conducted at appropriate intervals specified in the plan,but never less than once in two years. 5. SWMP Availability Upon request,the permittee shall submit a copy of the SWMP to the Division,the Colorado Division of Reclamation,Mining, And Safety,or CDRMS(formerly the Division of Minerals and Geology,or DMG)and/or EPA,and any local agency approving sediment and erosion plans or stormwater management plans,within the time frames specified in the request.If the SWMP is required to be submitted to any of these entities,it must include a signed certification in accordance with Pan I.E.5 of the permit,certifying that the SWMP is complete and meets all permit requirements. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(b)of the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans available to members of the public upon request. However,the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR part 2. PART II Page Nn.13 Permit No.COG-500000 6. SWMP Administrative Requirements a. SWMP Preparation and Implementation:The SWMP shall be prepared prior to applying for coverage under the general permit,and certification of completion submitted with the application. The SWMP shall be implemented when the facility begins operation,or when the general permit certification is issued,whichever is later,and updated as appropriate(see paragraph c.,below). b. SWMP Retention: For active mining operations and sites undergoing reclamation,the plan shall be retained on site unless another location,specified by the permittee,is approved by the Division. For inactive mining operations,the plan shall be retained by the permittee. c. SWMP Review/Changes: I) Division Review: The Division reserves the right to request and review the SWMP,and to require additional measures to prevent and control pollution,as needed. Upon review of the SWMP,the Division may notify the permittee at any time that the plan does not meet one or more of the minimum requirements of this permit. After such notification,the permittee shall make changes to the plan and shall submit to the Division an update to the plan including the requested changes. Unless otherwise provided by the Division,the permittee shall have 30 days after such notification to both make the necessary changes to the plan and to implement them. 2) Permittee Review/Change: The permittee shall amend the plan whenever there is a change in design,construction, operation,or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the State,or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with mining activity. If existing BMPs need to be modified or if additional BMPs are necessary,the plan changes and implementation should be completed before the next anticipated storm,but in no case more than 60 days after the change in design,construction,operation,or maintenance,or,when the SWMP has been determined to be ineffective. Amendments to the plan shall be summarized in the Annual Report. • It is the permittee's responsibility to notify the Colorado Division of Minerals and Geology(formerly the Mined Land Reclamation Division)of any significant changes at their site resulting from the implementation of the SWMP. 7. Prohibition of Non-Stormwater Discharges a. Except as provided in paragraph b,below,all discharges authorized by Part I.C.of the permit shall be composed entirely of stormwater. Discharges of material other than stormwater must be addressed in Part I.B.or in a separate CDPS permit issued for that discharge. b. Discharges from the following sources that are combined with stormwater discharges associated with mining activity may be authorized by this permit,provided that the non-stormwater component of the discharge is identified in the SWMP(see Part I.C.2.c.4 of the permit):emergency fire fighting activities,uncontaminated compressor condensate,irrigation drainage,lawn watering,air conditioner condensate,uncontaminated seeps and springs,and foundation or footing drains where flows are not contaminated. 8. Employee Education The permittee shall develop and implement employee education programs to inform personnel at all levels of responsibility of the components and goals of the SWMP. Education shall address topics such as spill response,good housekeeping,and material management practices. The perminee shall identify periodic dates for such instruction. Contractor or temporary personnel shall be informed of mine operations and control features in order to prevent stormwater pollution from occurring. 9. Total Maximum Daily Load(TMDL) If a TMDL has been approved for any waterbody into which the permittee discharges,and it has been determined that the types of stormwater discharges covered under this permit are or have the potential to be identified as a significant source of the pollutant in question,the permittee will be notified by the Division. The permittee will be required to do the following: a) under the permittee's SWMP, implement specific management practices based on requirements of the TMDL,and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements, including any specific pollutant wasteload allocations(WLAs),are expected to be met;and PART 11 - Page No. 14 Permit No COG-500000 b) if the evaluation shows that additional or modified BMPs are necessary,describe the type and schedule for the BMP additions/revisions. A description of the SWMP changes shall be included with the next Annual Report,or if requested by the Division,whichever is sooner. Stormwater discharge monitoring may also be required. The pennittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. D. DEFINITIONS OF TERMS 1. "Acute Toxicity"means there shall be no acute toxicity in the effluent from this discharge point. The acute toxicity limitation is exceeded if 1)a statistically significant difference in mortality(at the 95%confidence level)is observed for either species between the control and any dilution less that or equal to the identified IWC or 2)a species mortality in any dilution of effluent(including 100%effluent)exceeds 50%.OR"Chronic lethality"occurs when a statistically significant difference,at the 95%confidence level,occurs in the chronic test between the mortality of the test species in dIWC>%effluent(the chronic IWC=(IWC»%)and the control. 2. Antidegradation limits apply as the average of all data collected for months in that group during a rolling 24-month period. These limits become effective after data has been collected for all months in the group during the 24 months following permit issuance. Where antidegradation groups are not indicated,data from all months will be utilized to determine the reported value and the limit will become effective in the 24th month in which the permit is effective. 3. "Continuous" measurement, is a measurement obtained from an automatic recording device which continually measures provides measurements. 4. "Chronic lethality"occurs when a statistically significant difference,at the 95%confidence level,occurs in the chronic test between the mortality of the test species in 100%effluent(the chronic IWC= I00%)and the control. • 5. "Daily Maximum limitation"means the limitation for this parameter shall be applied as an instantaneous maximum(or,for pH or DO, instantaneous minimum)value. The instantaneous value is defined as the analytical result of any individual sample. DMR's shall include the maximum(and/or minimum)of all instantaneous values within the calendar month. Any instantaneous value beyond the noted daily maximum limitation for the indicated parameter shall be considered a violation of this permit. 6. "Dissolved(D)metals fraction"is defined in the Basic Standards and Methodologies for Surface Water 1002-31,as that portion of a water and suspended sediment sample which passed through a 0.40 or 0.45 UM(micron)membrane filter. Determinations of"dissolved" constituents are made using the filtrate. This may include some very small(colloidal)suspended particles which passed through the membrane filter as well as the amount of substance present in true chemical solution. 7. "Grab"sample,is a single"dip and take"sample so as to be representative of the parameter being monitored. 8. "In-situ"measurement is defined.as a single reading,observation or measurement taken in the field at the point of discharge. 9. "Instantaneous"measurement is a single reading,observation,or measurement performed on site using existing monitoring facilities. 10. "New source"is generally defined as a coal mine(or major alteration to a coal mine)the construction of which commenced after May 4, 1984. See 40 CFR 434.1 I(j)for the complete definition. I I. "Potentially dissolved(PD)metals fraction"is defined in the Basic Standards and Methodologies for Surface Water 1002-31,as that portion of a constituent measured from the filtrate of a water and suspended sediment sample that was first treated with nitric acid to a pH of 2 or less and let stand for 8 to 96 hours prior to sample filtration using a 0.40 or 0.45-UM (micron) membrane filter. Note the "potentially dissolved"method cannot be used where nitric acid will interfere with the analytical procedure used for the constituent measured. 12. "Quarterly measurement frequency"means samples may be collected at any time during the calendar quarter if a continual discharge occurs. If the discharge is intermittent,then samples shall be collected during the period that discharge occurs. 13. "Recorder"requires the continuous operation of a chart and/or totalizer(or drinking water rotor meters or pump hour meters where previously approved.) 14. "Settleable solids analytical procedure"is contained in 40 CFR 434.64. The method detection limit for measuring settleable solids under this part shall be 0.4 ml/I. M15. "Seven(7)day average"means,with the exception of fecal coliform or E.colt bacteria,the arithmetic mean of all samples collected in a seven(7)consecutive day period. For fecal coliforn or E. coli bacteria,it is the geometric mean of all samples taken in a seven(7) consecutive day period. Such seven(7)day averages shall be calculated for all calendar weeks,which are defined as beginning on Sunday and ending on Saturday. If the calendar week overlaps two months(i.e.tl;s Sunday is in one month and the Saturday in the PART!! Page No.I5 Permit No COG-500000 II • following month),the seven (7)day average calculated for that calendar week shall be associated with the month that contains the Saturday. Samples may not be used for more than one(1)reporting period. (Not applicable to fecal coliform or E.coli determinations.) 16. "Thirty(30)day average"means the arithmetic mean of all samples collected during a thirty-consecutive-day period. The perm ince shall report the appropriate mean of all self-monitoring sample data collected during the calendar month on the Discharge Monitoring Reports. Samples shall not be used for more than one reporting period. 17. "Total Metals"means the concentration of metals determined in an unfiltered sample following vigorous digestion(Section 4.1.3),or the sum of the concentrations of metals in both the dissolved and suspended fractions,as described in Manual of Methods for Chemical Analysis of Water and Wastes,U.S.Environmental Protection Agency,March 1979,or its equivalent 18. "Total Recoverable Metals"means that portion of a water and suspended sediment sample measured by the total recoverable analytical procedure described in Methods for Chemical Analysis of Water and Wastes,U.S.Environmental Protection Agency,March 1979 or its equivalent. 19. "Twice Monthly"monitoring frequency means that two samples shall be collected each calendar month on separate weeks with at least one full week between the two sample dates. Also,there shall be at least one full week between the second sample of a month and the first sample of the following month. 20. "Visual"observation is observing the discharge to check for the presence of a visible sheen or floating oil. 21. "Water Quality Control Division"or"Division"means the state Water Quality Control Division as established in 25-8-101 et al. Additional relevant definitions are found in the Colorado Water Quality Control Act,CRS§§ 25-8-101 et seq..,the Colorado Discharge permit System Regulations,(Regulation 61 -5 CCR 1002-61)and other applicable regulations. D. GENERAL MONITORING,SAMPLING,AND REPORTING REQUIREMENTS 1. Routine Reporting of Data M Reporting of the data gathered in compliance with Part I.B.3.shall be on a quarterly basis. Reporting of all data gathered shall comply with the requirements of Part I.D. (General Requirements). Monitoring results shall be summarized for each calendar quarter and reported on Division approved discharge monitoring report(DMR)forms(EPA form 3320-1). The form shall be mailed to the Division at the address listed below so they are received no later than the 28th day of the month following the end of the quarter(for example,the DMR for the first calendar quarter must be received by the Division by April 28th). If no discharge occurs during the reporting period, "No Discharge"shall be reported. The DMR forms consist of four pages-the top"original"copy,and three attached no-carbon-required copies. After the DMR form has been filled out and signed,the four copies must be separated and distributed as follows: The first original signed copy of each discharge monitoring report(DNfR)shall be submitted to the Division at the following address: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver,CO 80222-1530 Additional copies are for the permittee records. The Discharge Monitoring Report forms shall be filled out accurately and completely in accordance with requirements of this permit and the instructions on the forms. They shall be signed by an authorized person as identified in Part I.D.7 shall sign them. Calculations for all limitations,which require the averaging of measurements,shall utilize an arithmetic mean unless otherwise specified by the Division in the permit, 2. Reporting-Stormwater Annual Report The permittee will be required to submit an Annual Report, covering January 1 through December 31 of each year,on the overall compliance with the SWMP. The Annual Report will contain,at a minimum: a) Name of permittee,address,phone number,and permit certification number. b) A report on the facility's overall compliance with the SWMP. c) A summary of each comprehensive stormwater facility inspection made,including date,findings,and action taken. d) Results and interpretation of any stormwater monitoring performed. e) The report shall be signed and certified for accuracy t y the nermince,including the certification language contained in Part 1!7.7.of PART II Page No 16 Permit No COG-500000 • the permit. The Annual Report will be due to the Division on or before February 15 of each year,after the first full year of coverage under the permit. The exact due date for the permittee's first Annual Report will be listed in their permit certification. The Division reserves the right to require additional information in the report,on a case-by-case basis,as needed. All reports required for submittal shall be signed and certified for accuracy by the permittee(see Part 1.D.7.). Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver,CO 80222-1530 3. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream, body of water,or substance. Monitoring points shall not be changed without notification to and approval by the Division. Ifthe permittee monitors at the point of discharge any pollutant limited by the permit more frequently than required by the permit,using approved test procedures or as specified in the permit,the result of this monitoring shall be included in the calculation and reporting of data to the Division. 4. Analytical and Sampling Methods for Monitoring The permittee shall install,calibrate,use and maintain monitoring methods and equipment,including biological and indicated pollutant monitoring methods. All sampling shall be performed by the permittee according to specified methods in 40 C.F.R.Part 136;methods approved by EPA pursuant to 40 C.F.R.Part 136;or methods approved by the Division,in the absence of a method specified in or e approved pursuant to 40 C.F.R.part 136. The analytical method selected for a parameter shall be the one that can measure the lowest detected limit for that parameter unless the permit limitation or stream standard for those parameters not limited,is within the testing range of another approved method. When requested in writing,the Division may approve an alternative analytical procedure or any significant modification to an approved procedure. When the most sensitive analytical method which complies with this part,has a detection limit greater than or equal to the permit limit, the permittee shall report"less than(the detectable limit),"as appropriate. Such reports shall not be considered as violations ofthe permit limit. The present lowest practical quantitation limits(PQL)for specific parameters(which have limitations that are,in some cases,less than or equal to the detection limit)are as follows: Effluent Parameter • PQLs,pg/I Arsenic I Cadmium 0.06 Chromium 2 Chromium, 2 Hexavalent Copper 5 Cyanide 10 Iron to Lead I Manganese 2 Mercury 0.003 Nickel 3 Phenols 15 Selenium I Silver 0.5 Uranium 1 Zinc 10 These limits apply to the total recoverable or the potentially dissolved fraction of metals. IllFor hexavalent chromium,samples must be unacidified so dissolved concentrations will be measured rather than potentially dissolved concentrations. The procedure for determining settleable solids is contained in 40 CFR 434.64. The method detection limit for measuring settleable solids under this part shall be Of mI/I. PART II Page No 17 Permit No COG-500000 II • 5. Records The permittee shall establish and maintain records. Those records shall include the following: a. The date,type,exact location,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s)the analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used; f. The results of such analyses;and g. Any other observations,which may result in,an impact on the quality or quantity of the discharge as indicated in 40 CFR 122.44 (1)(1)(iii). The permittee shall retain for a minimum of three(3)years records of all monitoring information, including all original strip chart recordings for continuous monitoring instrumentation,all calibration and maintenance records, copies of all reports required by this permit and records of all data used to complete the application for this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the Division or EPA. 6. Flow Measuring Device If not already a part of the permitted facility,within ninety(90)days after the effective date of the permit,a flow measuring device shall be installed to give representative values of effluent quantities at the respective discharge points. Unless specifically exempted or modified by the Division,a flow-measuring device will be applicable at all designated discharge points. At the request of the Division,the permittee shall show proof of the accuracy of any flow-measuring device used in obtaining data submitted in the monitoring report. The flow-measuring device must indicate values within ten(10)percent of the actual flow being discharged from the facility. 7. Signatory and Certification Requirements M a. All reports and other information required by the Division,shall be signed and certified for accuracy by the permittee in accord with the following criteria: i) In the case of corporations,by a principal executive officer of at least the level of vice-president or his or her duly authorized representative,if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; ii) In the case of a partnership,by a general partner; iii) In the case of a sole proprietorship,by the proprietor; iv) In the case of a municipal,state,or other public facility,by either a principal executive officer,ranking elected official,or other duly authorized employee. b. All reports required by permits,and other information requested by the Division shall be signed by a person as described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: i) The authorization is made in writing by a person described above; ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager,operator of a well or a well field,superintendent,position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position);and. iii) The written authorization is submitted to the Division. If an authorization as described in this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of this section must be submitted to the Division prior to or together with any reports, information,or applications to be signed by an authorized representative. The permittee,or the duly authorized representative shall make and sign the following certification on all such documents: PART II Page No. 18 Permit No.COG-500060 • "1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is to the best of my knowledge and belief,true,accurate and complete. I am aware that there are significant.penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations." PART II A. NOTIFICATION REQUIREMENTS I. Notification to Panics All notification requirements under this section shall be directed as follows: a. Oral Notifications,other than for spills,during normal business hours shall be to: Water Quality Protection Section-Industrial Compliance Program Water Quality Control Division Telephone:(303)692-3500 Spills notifications at any time and other notifications after hours shall be to: Emergency Management Program Laboratory and Radiation Services Division Telephone:(877)518-5608 b. Written notification shall be to: M Water Quality Protection Section-Industrial Compliance Program Water Quality Control Division Colorado Department of Public Health and Environment WQCD-WQP-B2 4300 Cherry Creek Drive South Denver,CO 80246-1530 2. Change in Discharge Notice is required only when: a. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged,or; b. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices,and such alteration, addition,or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported pursuant to an approved land application plan. The permittee shall give advance notice to the Division of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Whenever notification of any planned physical alterations or additions to the permitted facility is required pursuant to this section„ the pennittee shall furnish the Division such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge,the stream,or ground water. If the Division finds that such new or altered discharge might be inconsistent with the conditions of the permit,the Division shall require a new or revised permit application and shall follow the procedures specified in Sections 61.5 through 6 t.6,and 61.15 of the Colorado Discharge Permit System Regulations. 3. Special Notifications-Definitions a. Bypass: The intentional diversion of waste streams from any portion of a treatment facility. b. Severe Property Damage: Substantial physical damage to property at the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. It does not mean economic loss caused by delays in production. PART It Page No 19 Permit No COG-500000 • c. Spill: An incident in which flows or solid materials are accidentally or unintentionally allowed to flow or escape so as to be lost from the treatment,processing or manufacturing system which may cause or threaten pollution of state waters. d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance,or careless or improper operation. 4. Noncompliance Notification a. If,for any reason,the permittee does not comply with or will be unable to comply with any discharge limitations or standards specified in this permit,the permittee shall,at a minimum,provide the Division and EPA with the following information: i) A description of the discharge and cause of noncompliance; ii) The period of noncompliance.including exact dates and times and/or the anticipated time when the discharge will return to compliance;and iii) Steps being taken to reduce,eliminate,and prevent recurrence of the noncomplying discharge. b. The permitter shall report the following circumstances orally within twenty-four(24)hours from the time the permittee becomes aware of the circumstances,and shall mail to the Division a written report containing the information requested in Part II.A.4(a)within five(5)days after becoming aware of the following circumstances: i) Circumstances leading to any noncompliance which may endanger health or the environment regardless of the cause of the incident; ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit; iii) Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the permit; iv) Daily maximum violations for any of the pollutants limited by Part I.A of this permit and specified as requiring 24-hour notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically identified as the method to control any toxic pollutant or hazardous substance. c. The permittee shall report instances of non-compliance which are not required to be reported within 24-hours at the time Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub-paragraph(a)of this section. 5. Other Notification Requirements Reports of compliance or noncompliance with,or any progress reports on,interim and final requirements contained in any compliance schedule in the permit shall be submitted no later than fourteen(14)days following each scheduled date,unless otherwise provided by the Division. The permittee shall notify the Division,in writing,thirty(30)days in advance of a proposed transfer of permit as provided in Part 11.8.3. The permittee's notification of all anticipated noncompliance does not stay any permit condition. All existing manufacturing,commercial,mining,and silvicultural dischargers must notify the Division as soon as they know or have reason to believe: a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following"notification levels": i. One hundred micrograms per liter(100 ug/l); ii. Two hundred micrograms per liter(200 ug/l)for acrolein and acrylonitrile;five hundred micrograms per liter(500 ug/l)for 2.4- dinitrophenol and 2-methyl-4.6-dinitrophenol;and one milligram per liter(1 mg/I)for antimony; iii. Five(5)times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 61.4(2kg)• PART tr Page No 20 Permit No COG-5000011 • iv. The level established by the Division in accordance with 40 CFR' 122.44(f). b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels": i. Five hundred micrograms per liter(500 ug/l); ii. One milligram per liter(I mg/I)for antimony;and iii. Ten(10)times the maximum concentration value reported for that pollutant in the permit application. iv. The level established by the Division in accordance with 40 CFR' I22.44(f). 6. Bypass Notification If the permittee knows in advance of the need for a bypass,a notice shall be submitted,at least ten days before the date of the bypass,to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. Violations of requirements imposed by the Division will constitute a violation of this permit. 7. Upsets a. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs,or other relevant evidence that: i. An upset occurred and that the permittee can identify the specific cause(s)of the upset; and ii. The permitted facility was at the time being properly operated and maintained;and iii. The permittee submitted proper notice of the upset as required in Part II.A.4.of this permit(24-hour notice);and iv. The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use or disposal in violation of this permit,which has a reason able likelihood of adversely affecting human health or the environment. In addition to the demonstration required above,a permittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring,modeling or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding,the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Discharge Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 9. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the permittec as necessary to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls,including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems,which are installed by the permittee only when necessary to achieve compliance with the conditions of the permit. PART It Page No 21 Permit No COG-500000 DO10. Minimization of Adverse impact The permittee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of this permit, which has a reasonable likelihood of adversely affecting human health or the environment. As necessary,accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. 11. Removed Substances Solids,sludges,or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in accordance with applicable state and federal regulations.For all domestic wastewater treatment works,at industrial facilities,the permittee shall dispose of sludge in accordance with all State and Federal regulations. 12. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or report to the Division,the permittee shall promptly submit the relevant information, which was not submitted, or any additional information needed to correct any erroneous information previously submitted 13. Bypass a. Bypasses are prohibited and the Division may take enforcement action against the permittee for bypass,unless: i. The bypass is unavoidable to prevent loss of life,personal injury,or severe property damage; ii. There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities,retention of untreated wastes,or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and 411, iii. Proper notices were submitted in compliance with Part II.A.4. b. "Severe property damage"as used in this Subsection means substantial physical damage to the treatment facilities,which causes them to become inoperable,or substantial and permanent loss of natural resources,which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. c. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of paragraph a.above. d. The Division may approve an anticipated bypass,after considering adverse effects, if the Division determines that the bypass will meet the conditions specified in paragraph a.above. 14. Reduction.LosL2Qr_Failure of Treatment facility The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the permit. Upon reduction, loss,or failure of the treatment facility,the permittee shall,to the extent necessary to maintain compliance with its permit, control production, control sources of wastewater,or all discharges,until the facility is restored or an alternative method of treatment is provided. This provision also applies to power failures, unless an alternative power source sufficient to operate the wastewater control facilities is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. B. RESPONSIBILITIES 1. Inspections and Right to Entry The permittee shall allow the Division and/or the authorized representative,upon the presentation of credentials: a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records arc required to be kept under the terms and conditions of this permit; b At reasonable times to have access to and copy any records required to be kept under the terms and condition•.of this permit and to PART!I Page No 22 Permit No COG-500000 .• inspect any monitoring equipment or monitoring method required in the permit;and c. To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate, any actual. suspected,or potential source of water pollution,or to ascertain compliance or non compliance with the Colorado Water Quality Control Act or any other applicable state or federal statute or regulation or any order promulgated by the Division. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing of any person having knowledge related to the discharge permit or alleged violation,access to any and all facilities or areas within the permittee's premises that may have any affect on the discharge,permit,or alleged violation. Such entry is also authorized for inspecting and copying records required to be kept concerning any effluent source. d. The permittee shall provide access to the Division to sample the discharge at a point after the final treatment process but before the discharge mixing with state waters upon presentation of proper credentials. In the making of such inspections,investigations,and determinations,the Division,insofar as practicable,may designate as its authorized representatives any qualified personnel of the Department of Agriculture. The Division may also request assistance from any other state or local agency or institution. 2. Duty to Provide Inforation The permittee shall furnish to the Division,within a reasonable time,any information which the Division may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit,or to determine compliance with this permit. The permittee shall also furnish to the Division,upon request,copies of records required to be kept by this permit. 3. Transfer of Ownership or Control a. Except as provided in paragraph b.of this section,a permit may be transferred by a permittee only if the permit has been modified or revoked and reissued as provided in Section 61.8(8)of the Colorado Discharge Permit System Regulations,to identify the new pertninee and to incorporate such other requirements as may be necessary under the Federal Act _ b. A permit may be automatically transferred to a new permittee if: i. The current permittee notifies the Division in writing 30 days in advance of the proposed transfer date;and ii. The notice includes a written agreement between the existing and new permittee(s)containing a specific date for transfer of permit responsibility,coverage and liability between them;and iii. The Division does not notify the existing permitlee and the proposed new permittee of its intent to modify,or revoke and reissue the permit. • iv. Fee requirements of the Regulations for the State Discharge Permit System, Section 61.15 have been met. 4. Availability of Reports Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System Regulations 5 CCR 1002-61,Section 61.5.(4),all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division and the Environmental Protection Agency. The name and address of the permit applicant(s)and permittec(s),permit applications,permits and effluent data shall not be considered confidential. Knowingly making false statement on any such report may result in the imposition ofcriminal penalties as provided for in Section 309 of the Federal Clean Water Act,and Section 25-8-610 C.R.S. 5. Modification,Suspension,Revocation,or Termination of Permits By the Division The filing of a request by the permittee for a permit modification,revocation,and reissuance/termination or a notification of planned changes or anticipated noncompliance,does not stay any permit condition. a. A permit may be modified, suspended, or terminated in whole or in part during its term for reasons determined by the Division including, but not limited to,the following: i. Violation of any terms or conditions of the permit, ii. Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit;or iii. Materially false or inaccurate statements or information in the permit application or the permit. PART II Page No 23 Permit No COG-500000 .• iv. A determination that the permitted activity endangers human health or the classified or existing uses of state waters and can only be regulated to acceptable levels by permit modifications or termination. b. A permit may be modified in whole or in part for the following causes,if such modification complies with the provisions of Section 61.10 of the Colorado Discharge Permit System Regulations: i. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit. ii. The Division has received new information which was not available at the time of permit issuance (other than revised regulations,guidance,or test methods)and which would have justified the application of different permit conditions at the time of issuance. For permits issued to new sources or new dischargers,this cause includes information derived from effluent testing required under Section 61.4(7)(e)of the Colorado Discharge Permit System Regulations. This provision allows a modification of the permit to include conditions that are less stringent than the existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Permit System Regulations. iii. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause only as follows: (A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline,EPA approved water quality standard,or an effluent limitation set forth in 5 CCR 1002-62,'62 et seq.;and (B) EPA has revised,withdrawn,or modified that portion of the regulation or effluent limitation guideline on which the penult condition was based,or has approved a Commission action with respect to the water quality standard or effluent limitation on which the permit condition was based;and (C) The permittec requests modification after the notice of final action by which the EPA effluent limitation guideline,water quality standard,or effluent limitation is revised,withdrawn,or modified;or (D) For judicial decisions,a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation guidelines,if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the permittee in accordance with this Regulation,within ninety(90)days of judicial remand. iv. The Division determines that good cause exists to modify a permit condition because of events over which the permittee has no control and for which there is no reasonable available remedy. v. The permittee has received a variance. vi. When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to'307(a)of the Federal act. vii. When required by the reopener conditions in the permit. viii. As necessary under 40 C.F.R.403.8(e),to include a compliance schedule for the development of a pretreatment program. ix. When the level of discharge of any pollutant,which is not limited in the permit,exceeds the level,which can be achieved by the technology-based treatment requirements appropriate to the permittee under Section 61.8(2)of the Colorado Discharge Permit System Regulations. x. To establish a pollutant notification level required in Section 61.8(5)of the Colorado Discharge Permit System Regulations. xi. To correct technical mistakes,such as errors in calculation,or mistaken interpretations of law made in determining permit conditions,to the extent allowed in Section 61.10 of the Colorado Discharge Permit System Regulations. xii. When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge,to revise an existing land application plan,or to add a land application plan. xiii. For any other cause provided in Section 61.10 of the Colorado Discharge Permit.System Regulations. c. At the request of a permittee,the Division may modify or terminate a permit and issue a new permit if the following conditions arc met: i. The Regional Administrator has been notified of the proposed modification or termination and does not object in writing within thirty(30)days of receipt of notification, ii. The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modifications or termination; iii. Requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met,and PART II Page No 24 Permit No COG-500000 .• iv. Requirements of public notice have been met. d. Permit modification (except for minor modifications), termination or revocation and reissuance actions shall be subject to the requirements of Sections 61.5(2),61.5(3),61.6,61.7 and 61.15 of the Colorado Discharge Permit System Regulations. The Division shall act on a permit modification request,other than minor modifications requests,within 180 days of receipt thereof. Except for minor modifications,the terms of the existing permit govern and are enforceable until the newly issued permit is formally modified or revoked and reissued following public notice. e. Upon consent by the perm ince,the Division may make minor permit modifications without following the requirements of Sections 61.5(2),61.5(3),6 1.7,and 61.15 of the Colorado Discharge Permit System Regulations. Minor modifications to permits are limited to: i. Correcting typographical errors:or ii. Increasing the frequency of monitoring or reporting by the perminee;or iii. Changing an interim date in a schedule of compliance,provided the new date of compliance is not more than 120 days after the date specific in the existing permit and does not interfere with attainment of the final compliance date requirement;or iv. Allowing for a transfer in ownership or operational control of a facility where the Division determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage and liability between the current and new permittees has been submitted to the Division;or v. Changing the construction schedule for a discharger which is a new source, but no such change shall affect a dischargers obligation to have all pollution control equipment installed and in operation prior to discharge;or vi. Deleting a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outtalk except in accordance with permit limits. I When a permit is modified,only the conditions subject to modification are reopened. If a permit is revoked and reissued,the entire permit is reopened and subject to revision and the permit is reissued for a new term. g. The filing of a request by the permittee for a permit modification,revocation and reissuance or termination does not stay any pennit condition. h. All permit modifications and reissuances are subject to the antibacksliding provisions set forth in 61.10(e)through(g). 6. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities,or penalties to which the permittee is or may be subject to under Section 311 (Oil and Hazardous Substance Liability)of the Clean Water Act. 7. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the perminec from any responsibilities, liabilities,or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 8. PermitViplation Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 9. Property Rights The issuance of this permit does not convey any property or water rights in either real or personal property,or stream flows,or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 10. Severability gill The provisions of this permit are severable. If any provisions of this permit,or the application of any provision of this permit to any circumstance,are held invalid,the application of such provision to other circumstances and the application ofthc remainder of this permit shall not be affected. PART If Page No 25 Permit No.COG-500000 .• 11. Renewal Application If the permittee desires to continue to discharge,a permit renewal application shall be submitted at least one hundred eighty(180)days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this permit,the Division should be promptly notified so that it can terminate the permit in accordance with Part II.B.5. 12. Confidentiality Any information relating to any secret process,method of manufacture or production,or sales or marketing data which has been declared confidential by the permittee,and which may be acquired,ascertained,or discovered,whether in any sampling investigation,emergency investigation,or otherwise,shall not be publicly disclosed by any member,officer,or employee of the Commission or the Division,but shall be kept confidential. Any person seeking to invoke the protection of this Subsection (12)shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 13. Fees The permittee is required to submit payment of an annual fee as set forth in the 1983 amendments to the Water Quality Control Act. Section 25-8-502(I)(b),and the Colorado Discharge Permit System Regulations 5 CCR 1002-61,Section 61.15 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et.seq.,C.R.S. 1973 as amended. 14. Duration ofPemtit The duration of a permit shall be for a fixed term and shall not exceed five(5)years. Filing of a timely and complete application shall cause the expired permit to continue in force to the effective date of the new permit. The permit's duration may be extended only through administrative extensions and not through interim modifications. I5. Section 307 Toxics If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit,the Division shall institute proceedings to 41111 modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. 16. AntibackslidinR a. A permit may not be renewed,reissued,or modified to contain effluent limitations adopted pursuant to Section 25-8-503(1)(b)(BPJ) of the Water Quality Control Act, which are less stringent than the comparable effluent limitations or standards in the previous permit,unless any one of the following exceptions is met and the conditions of paragraph c.of this section are met: i. Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of less stringent effluent limitations;or ii. Information is available which was not available at the time of permit issuance(other than revised regulations,guidance,or test methods)and which would have justified the application of a less stringent effluent limitation or standard at the time ofpernit issuance;or iii. The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit,which justified relaxation of the effluent limitations or standards;or iv. A less stringent effluent limitation or standard is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy;or v. The permittee has received a permit variance;or vi. The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations,in which case, the limitations in the renewed, reissued,or modified permit may reflect the level of pollutant control actually achieved(but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal,reissuance, or modification). b. A permit may not be renewed,reissued,or modified to contain effluent limitations adopted pursuant to 61.8(2Xb)or(c)of the Colorado Discharge Permit System Regulations that are less stringent than the comparable effluent limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph c.of this section are met. i. In waters where the applicable water quality standard has not yet been attained,effluent limitations based on a total maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all such revisions assures attainment of such water quality standard,or the designated use which is not being attained is removed in accordance with Section 31.6 of the Basic Standards. ii. In waters where the applicable water quality standard has been attained,effluent limitations based on a total maximum daily PART II • Page No 26 Permit No.COG-50000 .• load,other waste load allocation,or any other permitting standard(including any water quality standard)may be revised to be less stringent if such revision is subject to and consistent with the antidegradation provisions of Section 31.8 of the Basic Standards. Consistency with Section 31.8 shall be presumed if the waters in question have been designated by the Commission as"use protected";or iii. Whether or not the applicable water quality standard has been attained: (A) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justified the application of less stringent effluent limitations;or (B) A less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy;or (C) The permittee has received a permit variance;or (D) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which actually achieved(but the shall not be less stringent than requtations in the reviewed, ired by or oeffluent ified permit del guidelines in effectt the time o reflect the level of ffpe permit pollutant , reissuance,or modification). permit renewal, c. In no event may a permit with respect to which paragraphs a.and b.of this section apply be renewed,reissued,or modified to contain an effluent limitation or standard which is less stringent than required by federal effluent guidelines in effect at the time the permit is renewed,reissued,or modified. In no event may such a permit to discharge into state waters be renewed,reissued,or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of an applicable water quality standard. 17. Effect of Permit Issuance a. The issuance of a permit does not convey any property rights or any exclusive privilege. b. The issuance ofa permit does not authorize any injury to person or property or any invasion of personal rights,nor does it authorize the infringement of federal,state,or local laws or regulations. c. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal act or any standard for sewage sludge use or disposal under Section 405(d)of the Federal act, compliance with a permit during its term constitutes compliance, for purposes of enforcement,with Sections 301,302,306,318,403,and 405(a)and(b)of the Federal act. However,a permit may be modified,revoked and reissued,or terminated during its term for cause as set forth in Section 61.8(8)of the Colorado Discharge Permit System Regulations. d. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal. IS. Requiring an Individual CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if: a. The discharger is not in compliance with the conditions of this General Permit;or, b. Conditions or standards have changed so that the discharge no longer qualifies for a General Permit;or, c. Data becomes available which indicates water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit,the applicability of the General Permit to that owner or operator is automatically terminated upon the effective date of the individual CDPS permit. 19. Reuuesting an Individual CDPS Permit Any owner or operator covered by this General Permit may request to be excluded from the coverage by applying for an individual CDPS permit. 20. Requesting Coverage Under the General Permit - The owner or operator of a facility excluded from coverage by this General Permit solely because that facility already has an individual permit may request that the individual permit be revoked and that the facility be covered by this General Permit. Such request shall be evaluated by the Division per criterion specified in Part I of this permit. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT.Water Quality Control Division Rationale,Page I.COG-0500000 Sand and Gravel General Permit RATIONALE . FIFTH RENEWAL CDPS GENERAL PERMIT NO. COG-0500000-SAND AND GRAVEL PRODUCTION OPERATIONS (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) ANNUAL FEE$270, CATEGORY 07 SUBCATEGORY IA (EFFECTIVE JULY I. 2007) I. INTRODUCTION This is the fifth renewal of the general permit for sand and gravel(and other nonmetallic minerals)discharges(COG-0500000)to surface waters. This permit is for the regulation ofstormwater runoff and process water discharges. Changes have been made to incorporate additional categories of mining facilities under this general permit. II. GENERAL PERMIT SCOPE A. Applicability This general permit authorizes Stormwater and Process water discharges for the following types offacilities: Mining and quarrying of nonmetallic minerals, except fuels;Standard Industrial Classification(SIC)Code 14. Asphalt(SIC 2951)and concrete batch plants(SIC 3273)and recycling activities located at sand and gravel operations(Batch plants can include the use of recycled asphalt or concrete) This general permit does not cover stormwater only discharges, which are covered under stormwater permit COR-340000. Types PI-Nonmetallic Mineral Mining and Processing Facilities-This general permit(COG-0500000)authorizes the discharge of wastewater and stormwater from the following categories of nonmetallic mineral mining and processing, as defined in 40 CFR Part 436: Crushed Stone(Subpart B)-means process wastewater generated during the mining or quarrying and processing of crushed and broken stone and rip rap. This includes all types of rock and stone,except rock and stone that is crushed or broken prior to the extraction of 110 mineral,which is covered elsewhere. The processing of calcite,however, in conjunction with the processing of crushed and broken limestone or dolomite is included Construction Sand and Gravel(Subpart C)—means process wastewater generated during the mining and processing of sand and gravel for construction or fill uses Phosphate Rock(Subpart R)-means process wastewater generated by the mining or quarrying of phosphate bearing rock ore, or earth. for the phosphate content. Industrial Sand(Subpart D)-means process wastewater generated during the mining and processing of sand and gravel for uses other than construction and fill. These uses include, but are not limited to,glassmaking, molding, abrasives,filtration,refractories,and refractory bonding. Graphite(Subpart AL)-means process wastewater generated during the mining and processing of naturally occurring graphite. Batch Plants(Concrete or Hot Asphalt)-means process wastewater generated during the mixing process. This also includes the associated truck and drum wash area for concrete facilities, and the wet scrubber discharge from hot asphalt plants. All references to sand and gravel will include the other non-metallic minerals(except fuels). unless specifically exempted This general permit will cover both the process water discharges and stormwater discharges for sand and gravel operations including asphalt and concrete batch plants and recycling activities located at such facilities. Process water discharges are addressed under Part LB of the permit;stormwater discharges are addressed under Part IC of the permit. Due to the potential toxicity and wide variety of pollutants, the minimal operations in Colorado, and some categories with provisions difficult to incorporate into a general permit. Mineral mining and processing point source category- 40 CFR 436-subparts E (gypsum), F(asphaltic mineral), G(asbestos and wollastonite),J(barite), K(fluorspar), L(salines from brine lakes), M(borax), N (potash), O(sodium sulfate),S(Frasch Suffer), V(bentonite), W(magnesite),X(diatomite), Y(jade), Z(novaculite), and AF(tripoli), will not be covered under this general permit. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,Water Quality Control Division Rationale.Page 2.COG-0300000 Sand and Grant General Penni, Groundwater- Under Section 25-8-202(7)of the Colorado Water Quality Control Act,sand and gravel discharges to II. groundwater can not be authorized under the Division's jurisdiction, and a certification to discharge can not be issued Ithese instances,an applicant will need to contact the Division of Reclamation Mining and Safety,or the Environmental Protection Agency under the Underground Injection Control program. In some cases,where the discharge to groundwater is in the alluvial material,and the groundwater discharge is considered to impact the surface waters,a facility may be authorized under this general permit, Stormwater-When stormwater mixes with process water, the process water limitations(Part 1.B of the permit)apply to the discharge of that mixed water. The stormwater section(Part IC of the permit)is intended to cover those portions ofa nonmetallic minerals production operation(except fuel)that are not already subject to effluent limitations under 40 CFR 436,and to cover stormwater runoff from asphalt and concrete batch plants and recycling areas. Domestic Wastewater-Note that this general permit does not cover the discharge of domestic type wastewater. If this type of coverage is needed,the permittee may apply for an individual permit, or may apply separately for a domestic general permit(f applicable). Need for an Individual Permit-Dischargers that do not fit under this characterization,possess highly toxic chemicals in elevated concentrations, elect to have an individual permit, or wish to have mixing zone or site-specific antidegradation considerations should apply for coverage under an individual permit. B. Application Dischargers can apply for coverage under this general permit once the permit is issued Holders of certifications under the administratively extended Sand and Gravel and other Nonmetallic Mineral Mining Permit(COG-0500000)will automatically be transferred to this new general permit Their coverage will be transferred to the new general permit without a lapse ofcoverage(i.e.discharging without a permit) and without loss offee payments.Incidentally, the annual fee for each of these general permits is$270,effective July 1,2007. The permittee will have 90 days,from the date of transfer,to comply with any new terms and conditions of this general permit. For all others, the owner or operator of the site shall submit one original completed application and a copy, including a signed certification that the SWMP is complete at least thirty days prior to the commencement of mining activities. III. EFFLUENT LIMITATIONS Numeric effluent limitations are imposed for pollutants that are specific to the discharges coverer( and are shown in Tables iII-I through HI- 6.Some of these limits are based on the EPA Federal Effluent Guidelines for the applicable point source category and are described below. The certification will state which conditions apply,based on the nature of the discharge. Note that any parameter that is determined to be a site-specific pollutant of concern may be added to the discharge certification. Table i/I-I-crushed stone(sabpan B),construction sand and gravel(subpart C),and all other industrial facilities covered under SIC Code 14 except those specifically listed in the tables below. Effluent Parameter Discharge Limitations Rationale 30 Day Avg 7 Day Avg Daily Max Flow, mgd Report NA Report Discharge Evaluation Total Suspended Solids, mg/1 30 45 NA State Effluent Regulations pH,s.u. NA NA 6.5-9.0 Water Quality Standards Oil and Grease, mg/I NA NA 10 State Effluent Regulations Site specific Selenium, ug/l"' Various NA Various Water Quality Standards Metals, ug/l Various NA Various Water Quality Standards Organics, ug/l Various _ NA Various Water Quality Standards Whole Effluent Toxicity(WET) Chronic Stat Dill&IC25>IWC State Permit Limitations Acute LCSO>l00% State Permit Limitations Total Dissolved Solids, met Report NA Report Salinity Regulations Total Phosphorus, mg/I Report NA 0.2-1.0 Control Regulations Monitoring will normally apply to discharges within the Colorado River Basin. "The Phosphorus limitations apply to discharges to the Dillon Reservoir Watershed,Cherry Creek Reservoir Watershed,Chatfield Reservoir Watershed,and the Bear Creek Watershed,as defined in Regulation 71,72.73,or 74,respectively. Not applicable to every certification. If included in the permit,either acute or chronic will apply.Sec Section IV(g) "Selenium will be included based on the presence of selenium-containing shale deposits ili Table 111-2-Phosphate rock(Subpart R) COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. Water Quality Control Doman Rationale.Page 3.COG-0300000 Sand and Gravel General Permit Effluent Parameter Discharge Limitations Rationale • 30 Day Avg 7 Day Avg Daily Max Flow, mgd Report NA Report Discharge Evaluation • Total Suspended Solids, mg/1 30 NA 60 Federal Effluent Guidelines _pH,s u NA NA 6 5-9.0 Water Quality Standards Oil and Grease, mg/I _ NA NA 10 State Effluent Regulations Site specific — — Selenium,ugh .` _ Various NA Various Water Quality Standards Metals, ug/1 Various NA Various Water Quality Standards Organics, ug/1 Various NA Various Water Quality Standards Whole Effluent Toxicity(WE7) Chronic Stat. Dom&IC25>IWC State Permit Limitations Acute LCSO>100%o State Permit Limitations Total Dissolved Solids,m /lT-- Report NA Report Salinity Regulations Total Phosphorus,mg/I Report NA _ 0.2-1.0 _ Control Regulations Footnotes',",I's.and""can be found under Table III--I Table Ill-3-Industrial Sand(subpart D)except industrial Sand HFflotation facilities flee Table III-4) Effluent Parameter _Discharge Limitations Rationale 30 Day Avg 7DayAvg Daily Max Flow,mgd Report __ NA Report Discharge Evaluation r—_ Total Suspended Solids, mg/I 25 NA 45 Federal Effluent Guidelines pH,s.14. NA NA 6.5-9.0 Water Quality Standards Oil and Grease,mg/7 NA NA 10 State Effluent Regulations — Site specific Selenium, up/1-- Various NA Various Water Quality Standards Metals,ug/i Various NA Various Water Quality Standards _ Organics, ug/1 Various NA Various Water Quality Standards Whole Effluent Toxicity(WET) _ — • Chronic Stat.Dill&IC25 JWC - State Permit Limitations Acute LCS0>100% Slate Permit Limitations Total Dissolved Solids,mill' Report NA Report Salinity Regulations Total Phosphorus,mg/1 Report NA 0.2-1.0 Control Regulations Footnotes',",..",and""can be found under Table III-I Table III-4-Industrial Sand(subpart D)HFflotation facilities only _ .—..--- Effluent Parameter Discharge Limitations Rationale 30 Day Avg 7 Day Avg Daily Max _. Flow,mgd Report NA Report Discharge Evaluation Total Suspended Solids, lbs/day 0.023 lbs per 1,000 lbs NA 0.046 lbs per 1,000 lbs Federal Effluent Guidelines total production"$ total production" pI! s u NA NA 6.5-9.0 Water Quality Standards Oil and Grease,mg/1 NA NA 1O _ State Effluent Regulations Total Fluoride,lbs/day 0.003 lbs per 1,000 lbs NA 0.006 lbs per 1,000 lbs Federal Effluent Guidelines total production total production"" Production Rate,lbs/day Report NA Report Discharge Evaluation Site specific . - Selenium, ug/1 Various NA Various WaterQuality Standards Fluoride, mg/1 NA NA 2 Water Quality Standards Metals, ug/I Various NA Various Water Quality Standards Organics,ug/I Various NA Various Water Quality Standards Whole Effluent Toxicity(WET) Stat. Dilj&IC2S≥IWC State Permit Regulations Chronic �___-._ Acute LC50>100% State Permit Limitations Total Dissolved Solids,me. , Report NA Report Salinity Regulations 'footnotes Total Phosphorus,mg/1 Report NA 0.2-1.0 Control Regulations Footnotes',","',and""can be found under Table Ill-1 S This limitation will be calculated from the facility's production rate. The water quality-based limit for fluoride applies only on Water Supply segments,and the more stringent limit(WQS,EI.G)will apply. Table 111-5-Graphite(subpart AL) -- - T" 1 1 Discharge Limi:zllons 1 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Dlvhtan • Rationale,Page 4,COG-0500000 Sand and Gravel Genera!Permit 30 Day Avg 7 Day Asg Daily Max • Flow, mgd Report NA Report Discharge Evaluation Total Suspended Solids, mg/1 /0 NA _ 20 _ Federal Effluent Guidelines PH,s.u. NA NA 6.5-9.0 Water Quality Standards Oil and Grease, m NA NA 10 Total Iron, mg/ln 1 NAState l Effluentfluent Regulations i 2 Federal Guidelines Site specific Selenium, ug/1.— Various NA Various Water Quality Standards Total Recoverable Iront ue/1 1,000 NA NA Water Quality Standards Dissolved Iron 300 NA NA Water Quality Standard Metals, ug/! _ Various _ _ NA Various Water Quality Standards Organics, ug/1 Various NA Various Water Quality Standards Whole Effluent Toxicity(WET) Chronic Stat. Dom&1C25>iWC State Permit Limitations _ Acute LCS0>100% State Permit Limitations Total Dissolved Solids,mg/1 Report NA Report Salinity Regulations Total Phosphorus, mg/I Report NA 0.2-1.0 Control Regulations Footnotes•,••,"•',and'"""can he found under Table III-I The water quality-based limit for dissolved fluoride applies only on Water Supply segments.The more stringent limit(WQS,ELG)will apply. Table III-6.Batch Plants-Concrete and Hot Asphalt Effluent Parameter Discharge Limitations Rationale 30 Day Avg 7 Day Avg Daily Max Flow, mgd Report NA Report Discharge Evaluation Total Suspended Solids, mg/1 30 NA 45 State Effluent Regulations pp,s.u. NA NA 6.5-9.0 Water Quality Standards Oil and Grease, 1 NA NA Total Iron, mg/l • 1 NA 1 State lt Effluent Reguidens Federal Guidelines Site specific • p/1�Selenium, u Various NA Various Water Quality Standards Total Recoverable Iron Dissolved Iron . Metals, ug/1 Various NA Various Water Quality Standards Organics, ug/1 Various NA Various Water Quality Standards Whole Effluent Toxicity(WEI) Chronic Stat Dg&IC25≥1WC State Permit Limitations Acute LC50>100% State Permit Limitations _ Total Dissolved Solids, met Report NA Report Salinity Regulations Total Phosphorus,mg/ . Report NA 0.2-1.0 Control Regulations Footnotes•, ,""•,and•'••can be found under Table Ill-I — •" The water quality-based limit for dissolved fluoride applies only on Water Supply segments.The more stringent limit(WQS,ELG)will apply. IV.EXPLANATION OF PERMIT LIMITATIONS a. Regulations for Effluent Limitations(Regulation No. 61)-Regulation 62.4 includes effluent limitations that apply to all discharges ofwastewater to State waters. These regulations are the basis for the oil and grease limitations and some of the total suspended solids(/SS)limitations in the tables above. These regulations do not apply when there are federal Effluent Limitation Guidelines associated with a facility b. Technology-Based Limitations(Federal Effluent Limitation Guidelines)-Federal Effluent Limitation Guidelines(ELG''s)have been promulgated for these facilities and must be applied to these discharges, unless a more stringent Water Quality Standard exists. The Water Quality Standards in many areas of the state are often more stringent than the federal ELG's,and therefore may be substituted in a certification. c. Water Quality Standard-based Limitations(Discharges to Surface Waters)- Water quality-based limits are imposed for pH. Water quality-based reporting may also be imposed for other pollutants of concern based on the discussion that follows. • 1. R I-This parameter is limited by Water Quality Standards as the water quality standards of 6.5-9.0 s.u. range are more stringent than those specified under the Regulations for Effluent Limitations. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. Water Quality Control Division Rationale,Page 5,COG-0500100 Sand and Gravel General Permit 2. Selenium—The permit writer will review the application and determine(selenium must be limited and/or monitored to protect • the classified uses assigned to the receiving water. If required the permit writer will set these limitations equal to the appropriate water-quality standards. Selenium will be considered a pollutant of concern for facilities operating in areas of shale deposits containing selenium(e.g.Mancos). 3 /Metals-The permit writer will review the application and determine if metals parameters must be limited and/or monitored to protect the classified uses assigned to the receiving water. If required the permit writer will set these limitations equal to the appropriate water-quality standards. As many water quality standards for metals are listed as TVS,and based upon an equation dependent on the hardness of the receiving stream,the permit writer will obtain hardness data to determine the appropriate metals limitations where appropriate. 4. Organics- The permit writer will review the application and determine if any organic parameters must be limited and/or monitored to protect the classified uses assigned to the receiving water. If required the permit writer will set these limitations equal to the appropriate water-quality standards. 5. Chemicals-The addition of chemicals(including release agents)to the discharge is not allowed unless expressly authorized by the Division A release agent is a substance used to aid in the separation of the desired material from the substrate,and must be disclosed To approve a chemical, the Division must have the associated MSDS sheet(s)provided with the application. If authorized all chemicals must be used and stored in accordance with the manufacturers'recommendations and in accordance with any applicable state or federal regulation d Salinity Requirements-All permit actions for discharges to surface waters in the Colorado River Basin must include salinity monitoring. Accordingly,the permit writer will perform an analysis,as set out in the paragraphs that follow,to determine which salinity requirements apply pursuant to the requirements of Section 61.8(2)(/)of the Colorado Discharge Permit System Re dations(Rel ulation No. 61). Multiple discharges covered from a single facility are subject to the limitation that would apply if there were a single discharge point. Based on the effluent data in the application from a new facility, the permit writer will make an assessment of the expected salinity load in the discharge(from concurrent flows at all outfalls)and if less than I ton/day or 366 tons/year,the calculation will be documented in the issued certification. For facilities discharging less than this threshold quarterly monitoring will be required as • existed in the previous permit. For facilities that exceed the I ton/day or 366 tons/year threshold a TDS limitation will be applied in the permit,unless the permittee demonstrates that it is not practicable to prevent the discharge of all salt. The Division will decide on this exception prior to the start of discharge and may require further actions by the permittee to reduce the salt load before approval of the discharge. In conformance with section 61.8(2)(1)(i)(A)of the Colorado Discharge Permit System Regulations the permittee must submit a report that documents whether it is feasible to treat to these levels. The Salinity Regulations allow for a waiver of TDS limitations upon submittal of a report that demonstrates that achievement of zero salt loading or, in the event that is not achievable,discharge of less than one ton per day, is not economically feasible. There is no record that the permittee has previously submitted this report. If a report has previously been submitted,the permittee should submit a copy of this report Quarterly monitoring for total dissolved solids will continue regardless. In conformance with the Colorado Discharge Permit System Regulation(Regulation No. 61) existing permits for discharges to the Colorado River basin incorporate total dissolved solids(TDS)as the monitoring parameter for compliance with the salinity requirements.Electrical conductivity(EC)may be substituted for TDS if a constant correlation exists between TDS and EC is established for the discharge,based on 5 paired samples,and approved by the permit writer. e Phosphorus Regulations-Additional limitations for phosphorus may apply to discharges to surface waters in four watersheds - Dillon Reservoir,Cherry Creek Reservoir, Chatfield Reservoir,and Bear Creek Reservoir. Wasteloads(e.g.,phosphorus)have been allocated in these regulations to various point and non-point sources that discharge on these watersheds.!fa discharge is to one of these areas,as defined in Regulations 71, 72, 73,and 74,the permittee will be required to obtain a wasteload allocation from the appropriate authority prior to certification under this general permit. f Antideera dation—As set out in The Basic Standards and Methodologies of Surface Water Section 31.8(3)(c)(ii)(C), an antidegradation analysis is required for all waters not designated as Use Protected except in cases where the regulated activity will result in only temporary or short term changes in water quality, or where the ratio of the low flow to the facilityfow is 100,1 or more. Discharges permitted under this general permit are not normally temporary or short-term, thus, these discharges are not • exempted from an antidegradation review. Based on the information and data in the application,the permit writer will make an assessment of the low flaw dilution ratio of the discharge to determine if antidegradation applies. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. Water Quality Control Division Rationale.Page 6.COG-0500000 Sand and Gravel General Permit Under this general permit an antidegradation(AD)limit will be calculated as 15%of the Water Quality Standard The permittee • would then have the choke of this AD limit, or ofa non-impact limitation(NIL). The NIL is either the limitation contained as of September 2000, or may be determined by the use of an implicit limitation((fa previous limit did not exist. The implicit limit is determined as the maximum effluent concentration in the years prior to September 2000(later data may be substituted on a case by case basis ifdata is unavailable from this time period.Alternately,ifdsta does not exist,a compliance schedule may be added to the permit to obtain such data, to determine the implicit limitation and the final antidegradation-based effluent limit.An indvidual permit will be required where the perminee requests consideration of dilution and ambient water quality. In addition,the permittee may elect to perform an alternatives analysis. As this may be subject to public notice requirements, an individual permit will be required See Regulation 31.8(3)(d)and the Division's Antidegradation Guidance document for more information regarding an alternatives analysis. g. Whole Effluent Toxicity(WET)-The Water Quality Control Division has established the use of WET testing as a method for identifying and controlling toxic discharges from wastewater treatment facilities. WET testing is being utilized as a means to ensure that there are no discharges of pollutants"in amounts,concentrations or combinations which are harmful to the beneficial uses or toxic to humans,animals,plants, or aquatic life"as required by Section 31.11 (Oaf the Basic Standards and Methodologies for Surface Waters. Some discharges covered under this general permit may exhibit whole effluent toxicity based on the potential pollutant concentrations in the discharge. Thus, WET testing may be incorporated into the permit on a case-by-case basis. If it is determined that WET testing is required, Chronic WET testing will normally be incorporated into the permit However,Acute testing may be applied where the receiving stream has a zero low flow in all months and the discharge is intermittent, or when deemed appropriate for any other site-specific reason. h Threatened and Endangered Species-The US Fish and Wildlife Service and the Division have entered into a Memorandum of Agreement(MOA)regarding discharges to federal T&E waters In this MOA,a permittee that discharges to a T&E water may have additional constraints placed upon the discharge. These constraints may include accepting end'of-pipe limitations(no dilution), moving the discharge point to a different location, or using a diffuser to obtain instantaneous mixing of the effluent and the receiving water. This last option may allow for a portion of the available assimilative capacity(dilution)to be incorporated into the permit However,as this is a general permit,all limitations are imposed as end-of-pipe limits,and therefore,the first option is • met. Generally,it will be assumed that the end-of-pipe limitations will satisfy the MOA, and no further consideration is needed On a case-by-case basis,additional constraints may need to be evaluated h. Mixing Zones-Under this general permit mixing zone regulations do not apply,as the water quality standards are applied as the effluent limits(i.e.,no dilution is allowed). i. /)ischarves to 303(d)Listed Waters-Where the receiving water is included on the state's 303(d)list, total maximum daily loads(TMDLs)are being developed in accordance with the Division's schedule for TMDL completion. Once a TMDL has been established if it is necessary to incorporate limitations for a facility certified under this general permit, based upon the outcomes of the TMDL or the•results of the data analysis,a modification to the certification to discharge, or an individual permit may be required to regulate discharges from a facility. The facility would continue to be covered under this general permit certification until the individual permit is issued For example,the industrial process of sand and gravel operations typically involves discharging alluvial water. When the alluvium is dewatered in an area of shale deposits(e.g.Mancos),selenium is likely to be present in elevated concentrations in the discharge and is automatically considered a pollutant of concern. Preliminary monitoring data indicates that operations in areas of shale are likely contributing to exceedances of stream standards for selenium,and therefore, monitoring requirements will be included for data collection for a fiaure reasonable potential analysis. New discharges to these segments will be required to meet the water quality limitations for selenium upon commencement of discharge. The basic standards for selenium are found in Table Ill of The Basic Standards and Methodologies for Surface Water(5 CCR 1002-31). There are currently ongoing national discussions between the USEPA and the USFWS on appropriate aquatic life standards for selenium.Should the USEPA adopt new water quality standards for selenium, the division's standards unit will begin incorporating federal standards into Colorado's water quality standards during basin triennial reviews. In the future, treatment of effluent to remove selenium may be required to attain water quality standards. • The basin regulations contain information on the adopted standard for the segment(basic standard or site-specific standard)for stream segments for selenium(see examples below),and should be checked for the specific segment and modificationns. When temporary modifications are listed for a stream segment, the acute and chronic aquatic life standards of 18.4 ug/l and 4.6, respectively, may not apply. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Waier Quality Control Division Rationale.Page 7 COG-0500000 Sand and Gravel General Permit • J. Compliance Schedules-Existing dischargers may be granted compliance schedules for any new effluent limitations applicable to the discharge. Some items for which a compliance schedule may be necessary may require an individual permit. Note that compliance schedules cannot be granted for limitations based upon the federal ELGs. k Monitoring Requirements-See Section 1B of the permit for monitoring requirements. m. Permit Termination-Sites that are covered by a bond under the Colorado Division of Reclamation, Mining,and Safety will need to prove that bond release has occurred before permit coverage can be terminated Sites that are not covered under a bond must provide additional information before the permit can be terminated V.STORMWATER DISCHARGES As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency(EPA)has established a framework for regulating municipal and industrial stormwater discharges. The Water Quality Control Division("the Division")has stormwater regulations(SCCR 1002-61)in place. These regulations require specific types of industrial facilities that discharge stornwater • associated with industrial activity(industrial stornnvater), to obtain a CDPS permit for such discharge. The regulations specifically include sand and gravel mining activities as industrial facilities. Facilities which discharge industrial stormwater either directly to surface waters or indirectly,through municipal separate storm sewers, must be covered by a permit. This genera!permit does not cover stormwater only discharges,which are covered under slornnvaler permit COR-340000. The federal effluent uent guidelines that govern discharges from sand and gravel mining facilities(40 CFR 436)control most surface runoff However, there are some sources of stormwater from these sites which are not addressed such as roads and railroad lines,pond outslopes, inactive loadouts,sites used for storage and maintenance of material handling equipment,etc. 1. Stormwater Management Plan(SWMP): The stormwater regulations primarily apply to areas not covered by 40 CFR Part 436. They require permittees to develop and implement a Stormwater Management Plan(SWMP)to protect the quality of stormwater leaving the site. The plan shall identity potential sources of pollution(including sediment)which may reasonably be expected to affect the quality ofstormwater discharges associated with mining activity. In addition, the plan shall describe the best management practices(BMPs)which will be used to reduce the pollutants in stormwater discharges from the mining site. Some activities required under the SWMP may already be in place. However, the SWMP will require the permittee to coordinate these activities with any necessary new activities in an orderly manner,so that the result is the reduction or elimination of pollutants reaching state waters from areas not limited by effluent limitations. Facilities must implement the provisions of the SWMP required under this part as a condition of this permit. It is the permittee's responsibility to notify the Colorado Division of Reclamation, Mining and Safety of any significant changes at their site resulting from the implementation of the SWMP. This is so that the Division of Reclamation, Mining and Safety may review the SWMP and incorporate any potential revisions into the facility's reclamation permit which might be needed The SWMP shall include the following items, at a minimum: a) Site Map • b) Description of Potential Pollutant Sources/Material Inventory c) Stormwater Quality Controls /) SWMP Administrator 2) Materials handling and spill prevention COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT. Water Quality Contrat Division Rationale.Page 8,COG-0500000 Sand and Gravel General Permit 3) Erosion and sediment controls • 4) Other pollution prevention measures 5) Preventive maintenance 6) Good housekeeping 7) Identification of discharges other than stormwater 2. Other Requirements a) Facility Inspections: The permittee will be required to make a thorough inspection of their stormwater management system,at least twice per year(in the spring and fall). (See Part 11).4 of the permit for alternate schedules) These inspections must be documented and summarized in the Annual Report to the Division. b) Employee Education: The permittee shall develop and implement employee education programs to inform personnel at all levels of responsibility of the components and goals of the SWMP. This section has been expanded from the previous permit to include contractor and temporary personnel, in keeping with other stormwater permits. E. Stormwater Management Plan(SWMP) The SWMP Contents section has been modified Some of the changes are limited to organization of information,which does not require modification of an existing permittee's current SWMP. Most of the SWMP changes involve clar(cations, reformatting, or adopting requirements f om the Division's Stormwater Construction general permit(e.g., BMP installation specifications). For existing permittees(i.e., those with permit coverage prior to the reissuance date of this permit), their SMWP must be amended to include the new required items: For existing permittees,any SWMP changes based on the change in permit requirements must be completed within.5 months of the effective date of the certification The plan is not to be submitted to the Division unless requested but must be available on site as outlined in Part I D.5(b)of the permit. 1. Terms and Conditions, General Limitations and Design Standards: This section reiterates the requirement that facilities select, install, implement, and maintain appropriate BMPs,following good engineering,hydrologic and pollution control • practices. In addition, requirements to adequately design BMPs to prevent pollution or degradation of State waters(see Part I D.2 of the permit)have been revised and are discussed below. 2 Site Map: The list of items needed for the Site Map has been expanded in order to adequately characterize the site. A list of items and factors has been added to the section on identifying potential stormwater pollutants, in order to clarifr the Division's intent in this area. This requirement may necessitate changes to existing permittees'SWMPs. 3. Description of Potential Pollutant Sources: The requirement to identj Potential Pollutant Sources has been expanded to include more details for the evaluation of such sources. This evaluation allows for the appropriate selection of BMPs for implementation at a facility or site. This requirement may necessitate changes to existing permittees'SWMPs. 4. Stormwater Management Controls: See Part I.C.I of the permit. a) This section has been modified to require identification ofa SWMP Administrator. The SWMP Administrator is a specific individual(s),position or title who is responsible for the process of developing, implementing, maintaining,and revising the SWMP. This individual serves as the comprehensive point of contact for all aspects of the facility's SWMP. This requirement may necessitate changes to existing permitees'SWMPs. b) Sections have been added requiring that preventive maintenance and good housekeeping measures be included in the SWMP. Preventive maintenance is critical to ensuring the success of the BMPs at a site. Good housekeeping measures are a common sense means of increasing compliance. This requirement may necessitate changes to existing permittees' SWMPs. 5. Permit Termination: A section has been added on additional SWMP items for sites seeking permit termination. This section provides more guidance to permittees than has been available in the past, on the steps needed to inactivate a site's permit coverage. Most sites will be able to inactivate coverage once they have had bond release from the Colorado Division of • Reclamation, Mining and Safety. This requirement may necessitate changes to existing permittees'SWMPs. 6. Consistency with Other Plans: A section has been added clarifring that other documents,such as an SPCC, can be used to meet some of the SWMP requirements.provided that the other documents are readily available and the SMWP includes appropriate cross references COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Water Quality Control Division Rationale,Page 9.COG-0500000 Sand and Gravel General Permit Erin Scoti April 18, 2008 IV. PUBLIC NOTICE COMMENTS No comments were received during the public notice period Note, however, that the division eliminated the two year maximum for compliance schedules. Erin Scott May 28. 2008 � t MEMORANDUM IICTO: PA10-067; Case File, pre-application COLORADO DATE: August 12, 2010 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre-Application Meeting prior to submitting USR for Gravel Mining Operation Attendees: Brad Jones, Applicant Garrett Varra, Applicant Chris Varra, Applicant Brad Janes, Applicant Don Carroll, Public Works Dave Bauer, Public Works Tom Parko, Planning Kris Ranslem, Planning On Thursday, August 12, 2010 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed gravel mining operation. (The site is the former Western Sugar site) Background Information: The applicants went through the USR application with staff. They stated that rather than calling it mining they are referring to the operation as extraction of construction materials to distinguish from other metals that are present. The applicants have submitted their application to DRMS and are awaiting approval. Public Works The applicants requested to substitute the Urban Drainage Plan with a Stormwater Management Plan as it shows the Best Management Practices and drainage flow. Staff stated that this was acceptable. Access to the site is from Ash Road which is under the City of Greeley jurisdiction. The applicants indicated that they have visited with the City of Greeley and have indicated no concerns; however they may need some turning movements. According to the applicants, Greeley is not requiring a traffic study. A tracking pad will be required from Public Works. The tracking pad may consist of 300 feet of pavement or 100 feet of pavement with double cattle guards to eliminate mud entering onto the paved road. • The applicants indicated that the haul route will be 50/50 (both ways). Flood Hazard Development Permits(FHDP)will be required. Staff requested to denote the floodway line on the site map. Staff noted that there are two (2) maps available; however FEMA is currently • reviewing what will be the official map. All equipment shall be located out of the floodway. The applicants provided a copy of the State DRMS permit which will assist in answering some staff questions. Life expectancy of the operation is 25 years or more depending on market conditions. Concurrent reclamation will take place. Planning Department The applicants requested a 30 day extension regarding the Certificate of Conveyances because it is difficult to obtain this for eight (8) parcels. The applicants stated that they have concerns regarding the Mineral Notification requirement as it could potentially modify their current contracts with the mineral interests. They indicated that they have previously visited with the Board of County Commissioners regarding providing escrow to the oil and gas interests and they were waived of this requirement. Rather, the applicants would like to request that they provide a letter agreement to provide a safeguard. The applicants have identified Tract A where the processing operation will be located. The nearest residence impacted by the operation is shaded by trees. In addition, the applicants have identified the residences in the 1 mile extent area. The applicants inquired if at a future date they wish to slurry wall and sell the water to the City of Thornton if this would be a major change. Staff indicated that they would review it upon the submitted request but felt that it would not be a major change at this point. • Staff urged the applicant to contact staff for any questions: Planner On Call available Monday through Friday 7:30 a.m. to 4:30 p.m. Staff explained the USR process. The applicant shall submit 4 packets for a 7 day completeness review. After the 7 day completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. The above notes are provided as a courtesy to the applicant. While we strive to identify significant issues, the above notes may not identify all issues, even major ones that may be raised during the formal review of your application. The information contained herein has been placed on file with the Department of Planning Services. End memorandum. • WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY,CO 80631 PHONE:970-353-6100, EXT.3540/FAX: 970-304-6498 Date: (( 20 Receipt No. 15 7 7 A, Received From: r Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR l t/ /1l 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD • 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-ZPCV/ZPAS 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE ❑CASH OD HECK NO. f 1 ❑CREDIT CARD TOTAL FEE Receipted By: ! I ; a DL# Exp. • ,e 3001 ua� , _ ._s CI o o . 3 } ; co / i \ N— Z CO CO : CO tr • III ir . \ { ; co§\\ \ § Ill>_ 'Cr / de k\ in ix e \ \ I co cL > m a)\ \ - 0 _ 2co o ] co O • is CD 40 I) k § . § CO o w! § E 0w0 I _ cu o < UM I O. 2 /&f O rO a , \ 0 l- ;:; _ ) ) ILJ C 0 ( 2 > o 0. 0 \ % » a ~ c f [ CV \ \ ( 0.1-00 . • WilkAPPLICATION FLOW SHEET COLORADO APPLICANT: Varra Companies, Inc. CASE #: USR-1760 REQUEST: A Site Specific Development Plan and a Special Review Permit for Mineral Resource Development Facility including Open Pit Gravel Mining and materials processing including concrete or asphaltic batch plants and/or recycling operations in the A (Agricultural) Zone District LEGAL: Part NW4, NE4 & NE4, NW4 Section 9; and part S2 S2 Section 4, all in Township 5 North, Range 65 West LOCATION: North of 16`h Street and East of Ash Avenue, City of Greeley PARCEL ID#: 0961-04-0-00-015, 0961-04-0-00-016, 0961-09-1-00-002, 0961-09-1-00-003, 0961-09-2-00-012, 0961-09-2-00-013, 0961-04-3-02-034 and 0961-04-3-02-008 ACRES: 102.87+/- DATE BY C. GATHMAN Application Received 11-24-2010 OGLE Application Complete 11-24-2010 PC Hearing Date: Action: • PC Sign to be Posted By: Referrals Listed ,,,�� File Assembled /f/a41/D Kl� Referrals Mailed Letter to Applicant Mailed Date Public Notice Published in County Newspaper Surrounding Property& Mineral Owners Notified Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: Action: CC Sign to be Posted By: Plat and/or Resolution Recorded aipRecorded on Maps and filed Overlay Districts Zoning INDUSTRIAL (3) Airport Yes_x_ No_ Geologic Yes No_x_ Flood Hazard Yes_x No Panel#080266 0850 C Hello