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HomeMy WebLinkAbout20002855.tiff L.G . EVERIST, 11V lam. CORPORATE OFFICE 300 S-PHILLIPS AVE. SUIT Ful P O.BOX 5829 SIOUX N 605-3,SD 571 7-SdP'. PHONE6 LS,S 571 00 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.885H AVENLE -Soy 3 i(0 HENDERSON,COLORADO 80E, 303-287-9606 FAX 303-209-1348 it.. October 30, 2000 Sheri Lockman Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Evidence of Compliance for Conditions of Approval for USR-1255, Fort Lupton Sand and Gravel Mine, Applicant: L.G. Everist, Inc. Dear Sheri, We are respectfully submitting evidence of compliance for review and approval for most of the remaining Conditions of Approval for USR-1255. The Conditions which have already been completed and approved are included in the list to ensure that none are inadvertently missed. We are also submitting evidence of compliance for applicable Conditions of Approval to the Weld County Department of Public Health and Environment (DPHE) and the Department of Public Works (DPW). Copies of those submittal letters are attached for your reference. Condition of Approval: 1 (completed earlier) Development Standards - Standards were placed on the Special Review Plat (Sheet 1 of 4), submitted and approved. We shall adhere to the Conditions of Approval and Development Standards for the Use by Special Review for Permit #1255 as applicable. Condition of Approval: 2A Landscaping Plan - A change in tree species was required for the Landscape Plan. The tree has been revised from a Cottonwood to a Patmore Ash. The revised Landscape Plan (Sheet 4 of 4) is attached for your review and approval Condition of Approval: 2B (Submitted to DPHE) Septic systems and septic permits for the existing houses Condition of Approval: 2C (Submitted to DPHE) Septic system to be used by employees Condition of Approval: 2D Agreements with the property's mineral owners (oil and gas) - Agreements with HS Resources/Duke Energy, and United Power are all attached. Please note, HS Resources is the parent company of Duke Energy. We are awaiting the agreement with Top Operating, and will send a copy to you as soon as we receive it. �. ('Gr1eL4f Cgfid4Q, III a1/4 Oi ,E , : , , ,O,Or,1, L ”', 2000-2855 RE: Evidence of Compliance for Conditions of Approval for USR-1255, page 2 Fort Lupton Sand and Gravel Mine, Applicant: L.G. Everist, Inc. Condition of Approval: 2E Water discharge permit - Evidence of approval from the Water Quality Control Division (VVQCD) of the Colorado Department of Public Health and Environment - The WQCD has approved our application and issued the Certification (i.e. permit) which allows for discharge associated with a sand and gravel mining operation. A copy of the Certification is attached for reference. Condition of Approval: 2F Air Pollution Emission Notice and Emissions Permit - Evidence of approval from the Air Pollution Control Division (APCD) of the Colorado Department of Public Health and Environment - We have received approval from the APCD with Emission Permit 00WE0441 F, which covers the Fort Lupton Sand and Gravel Mine. A copy of the permit is attached. Condition of Approval: 2G (Submitted to DPHE) Dust Abatement Plan - We are required by the APCD to abide by the Particulate Emissions Control Plan contained within our APCD Emission Permit 00WE0441 F. - We are submitting a request for approval by the Weld County Dept. of Public Health and Environment that the Emission Control Plan contained in ACPD Permit 00WE0441 F may be adopted as the Dust Abatement Plan for USR-1255. Condition of Approval: 2H Compliance with Colorado Geological Survey (CGS) requirements, including reinforcement requirements during floods - We believe we have already shown compliance with this Condition with the following - Lupton Bottom Ditch proposed relocation - The ditch will be relocated during the initial mining phase, then returned to its original location. Therefore, the ditch will be removed and replaced only once. The ditch runs parallel with potential floodwaters, therefore would not create a dike under flood conditions. - Berm designs - Berms will be constructed along the northern boundary of the property with breaks in them. to allow passage of any floodwaters. These berms and the 1 J'-wide breaks are shown on the Landscape Plan. The construction of the berms would allow passage of floodwaters, therefore also not creating a dike which could potentially :ause problems for residences to the north, or petroleum lines to the west. - Submittal and conditional approval of Flood Hazard Development Permit. - Review and approval by the Division of Minerals and Geology (DMG) of our mining plan. The DMG approved our plan on June 1, 2000. A copy of the approval letter is attached. Condition of Approval: 21 (completed earlier) Agreement with the Lupton Bottom Ditch Company - A copy of the signed agreement was sent to the Department of Planning Services on July 21, 2000. If you need another copy, please let us know. Condition of Approval: 2J (Submitted to DPW) Traffic Impact Study - The study was sent to the Weld County Department of Public Works (DPW) on August 21 2000, as part of the Road Maintenance and Improvements Agreement. - Some modifications to the traffic study were suggested in a letter of October 11, 2000, from DPW, in order for the study to be approved. We are currently working with the DPW, and will send you approval information as soon as we receive it. ," !: ;p air.,. A ,, r 991-9 „ a 70N0 ,5? 0019 . 18 .,..s RE: Evidence of Compliance for Conditions of Approval for USR-1255, page 3 Fort Lupton Sand and Gravel Mine, Applicant: L.G. Everist, Inc. Condition of Approval: 2K (Submitted to DPW) Road Maintenance and Improvements Agreement - The Road Maintenance and Improvements Agreement was sent to the Weld County Department of Public Works on August 21, 2000, for review and approval. - We are currently going through revisions to the Agreement with the DPW. Condition of Approval: 2L (completed earlier) Access road shall be designated on plat as a minimum of 30 feet wide - The access road has been designated on the Extraction Plan Map (Sheet 3 of 4), as at least 30 feet wide as per the scale used. Please forgive me if I am re-sending any Condition compliance items you already have, and my sincere apologies on the delay of completion of these Conditions. We believe the information in this submittal gives full evidence of compliance with the Conditions of Approval 1, 2A, 2D, 2E, 2F, 2H, 21, and 2L. For Condition of Approval 2D, we will forward a copy of the agreement with Top Operating as soon as we receive it. Please let us know of Departmental approval on these Conditions, or if anything else is needed to complete compliance for them. For Conditions of Approval 2B, 2C, 2G, 2J, and 2K, we will forward information from the other Departments (DPHE and DPW) as soon as we receive it. If you have any questions on this submittal, please feel free to contact me at 303-287-4656 x18. Sincerely,OrtiktLynn E. Myer Regulato Compliance cc: R.A. Everist - L.G. Everist, Inc. Sheble McConnellogue - Weld County Department of Public Health and Environment a0 0daPP•vie ..,1 I 0:/001C,d5tto.I "11,, #7(00.),>0 0019 )618 5`i5 L. ( ` � E� JL`DTC"j`' INC. CORPORATE OFFICE I . tG V EIS 1 I 300 S PHILLIPS AVE •SUITE C "10 P.O. BOX 5829 SIOUX FALLS,SD E7117-58.0 PHONE5 334-34-500a FAX 605334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE •SUITFi:00 HENDERSON,COLORADO 80e40 303-287-9606 FAX 303-289-1348 October 30, 2000 Sheble McConnellogue Weld County Department of Public Health and Environment 1555 North 171h Avenue Greeley, CO 80631 RE: Evidence of Compliance for Conditions of Approval for USR-1255, Fort Lupton Sand and Gravel Mine, Applicant: L.G. Everist, Inc. Dear Sheble, We are respectfully submitting evidence of compliance for review and approval for the following Conditions of Approval for USR-1255. We are also submitting evidence of compliance for applicable Conditions of Approval to the Weld County Department of Planning Services arid the Department of Public Works. A copy of the submittal letter to Planning is attached for your reference. Condition of Approval: 2B Septic systems and septic permits for the existing houses - Attached for review and approval is a Statement of Existing for Septic System for the two houses on the Fort Lupton property owned by L.G. Everist, Inc.. - I have enclosed a check for $200 to cover two septic permits (one per house), and a map of the site showing the location of the houses and approximate location of the septic tanks. - The houses will only be used during the growing season for the next few years, by seasoral agricultural workers of the former owner while parts of the property are still farmed. - Prior to mining that area, we will abandon the existing septic system according to Weld County I.S.D-S. regulations. - If you need anything else prior to scheduling the evaluation, please let me know. Condition of Approval: 2C Septic system to be used by employees - We request approval to use portable toilets on site for employees during the set-up of mining operations and construction of the slurry wall. We will install the septic system in conjunction with the set-up of the office/scale house. - Prior to full mining operations at the Fort Lupton Sand and Gravel Mine, a septic system o adequate size shall be installed for use by employees, and shall be reviewed by a Colorado Registered Professional Engineer to ensure compliance with current regulations. The review by the engineer shall be submitted to the Environmental Health Services Divisioi o the Weld County Department of Public Health and Environment. RE: Evidence of Compliance for Conditions of Approval for USR-1255, page 2 Fort Lupton Sand and Gravel Mine, Applicant: L.G. Everist, Inc. Condition of Approval: 2G Dust Abatement Plan - We are required by the APCD to abide by the Particulate Emissions Control Plan contained within our APCD Emission Permit 00WE0441 F. A copy of the permit and emission control plan is attached for your review. - We are requesting approval that the Emission Control Plan contained in ACPD Permit 00WE0441 F may be adopted as the Dust Abatement Plan for USR-1255. We believe the information in this submittal gives evidence of compliance with the Conditions of Approval 2B, 2C, and 2G. Please let us know of Departmental approval on these Conditions or if anything else is needed to complete compliance for them. If you have any questions on this submittal, please feel free to contact me at 303-287-4656 x18. Sincerely, 41767 Lynn Eer Regul� Compliance cc: R.A. Everist - L.G. Everist, Inc. Sheri Lockman - Weld County Department of Planning Services Ira L. G. EVERIS'I. INC • CORPORATE= OFFICE300 S.PHILLIPS AVE.•SUITE J00 ' P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 PHONE 605-334-5000 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 FAX 303-289-1348 February 23, 2000 Erica Crosby Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Subject: Application for Regular 112 Permit, proposed Sand and Gravel Pit Applicant: L.G. Everist, Inc. Location: S 1/2, NW 1/<, Sec. 30, T2N, R66W; north of Fort Lupton, Weld County The undersigned is an authorized representative of the entity identified below. We (the undersigned) are aware of and understand the mining and reclamation plans for the above-named subject location and have spoken with a representative of L.G. Everist regarding the proposed plans. We have no problem with the mining and reclamation plans being proposed. We have been further assured that if any damage occurs to any of our structures which are located within 200 feet of the mining limit that L.G. Everist will repair any damage at its expense or provide full compensation for any damage. The signatures of the L.G. Everist, Inc. representative and the undersigned below confirm such agreement and repair/compensation obligation between the parties. Undersigned: For: Unit Power, Inc By: Title: Represen ati C. Ever , c: By ! R. . verist, Jr , ice President The foregoing instrument was acknowledged before me on this -- day of 9 � Witness my hand and official seal 71j t KIM 4 CONVERSE, Notary Public: l� f-I ' - _ My Commission expires: _ _' r F0F o*o My Comm. Expires Jan.1,2002 • L. G. F,V :4,RIST INC. 1 CORPORATE OFFICE' NE oo s PHILUPs AVEAv1 SUN P.O BOX'2829 ',-- SIOUX FALLS.SDI 117`.I1 PHONE 605-334 5003 FAX 608-334-3656 MOUNTAIN DIVISION 7321 E 88TH ABLER I1 .SUITE .'u0 HENDERSON COLCFFADO 800-11 303-287-9006 FAX 303-2119-1348 March 22, 2000 Erica Crosby Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 Subject: Application for Regular 112 Permit, proposed Sand and Gravel Pit Applicant: L.G. Everist, Inc. Location: S '/2, NW /4 Sec. 30, T2N, R66W; north of Fort Lupton, Weld County The undersigned is an authorized representative of the entity identified below. We (the undersigned) are aware of and understand the mining and reclamation plans for the above-named subject location and have spoken with a representative of L.G. Everist regarding the proposed plans. We have no problem with the mining and reclamation plans being proposed. We have been further assured that if any damage occurs to any of our structures which are located within 200 feet of the mining limit that L.G. Everist will repair any damage at its expense or provide full compensation for any damage. The signatures of the L.G. Everist, Inc. representative and the undersigned below confirm such agreement and repair/compensation obligation between the parties. Undersigned: For: HS Resources, Inc. \ di q .By: 4.„. Popp Title: • //Janet . P- sque I •! • �^ • =Fact KIM . • , CONVERSE ie: Represen9t, 9YL.G. cverisj, Inc. 11 qT.. PO / J� '<OF CO`O— By �/ R., . , Jr., Vi President My Comm.Expires Jan. 1,2002 The foregoing instrument was acknowledged before me on thiso2``n- day of4d 20C0 Witness my hand and official seal, Yr., Notary Public: . My Commission expires ` Thy' C - ORPORATE OFFICE L. �� EVlJ�s .r9 INC ) 3005. PHILLIPS AVE.•SURE a(!0 Al' P.O.BOX 5829 ii: SIOUX FALLS,SI)57117 5855 PHONE 605-334-5000 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUM:20( HENDERSON,COLORADO 8C640 303-287-9606 February 23, 2OOO FAX 303-289-1343 Erica Crosby Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 8O2O3 Subject: Application for Regular 112 Permit, proposed Sand and Gravel Pit Applicant: L.G. Everist, Inc. Location: S 1/2, NW 1/4, Sec. 30, T2N, R66W; north of Fort Lupton, Weld County The undersigned is an authorized representative of the entity identified below. We (the undersigned) are aware of and understand the mining and reclamation plans for the above-named subject location and have spoken with a representative of L.G. Everist regarding the proposed plans. We have no problem with the mining and reclamation plans being proposed. We have been further assured that if any damage occurs to any of our structures which are located within 2OO feet of the mining limit that L.G. Everist will repair any damage at its expense or provide full compensation for any damage. The signatures of the L.G. Everist, Inc. representative and the undersigned below confirm such agreement and repair/compensation obligation between the parties. Undersigned: • For: Duke Energy Field Services, Inc. • By: =� �"I'v`�"'l...li Title. _,e 4y, 7, l • ___ z - Represent ve G. �verist,�ric By: ` 7 z ..--- f 2.A: ris Jr., Vie President • The foregoing instrument was acknowledged before me on this day of .U... Witness my hand and official seal, • • i i KIM RIVARf] Notary Public ! Jl d I ..)L'� . •e My Commission expires: 1i `< T. g3f�— F Of.C. O\-"/ .; i My Comm Expires Jan.1,200; L STATE OF COLORADO Bill Owens, Governor OpNco Jane E Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado �/ wok 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division a«\ ��� Denver,Colorado 80246-1530 8100 Lowry Blvd. Phone(303)692-2000 Denver CO 80230-6928 �5 •- - TDD Line(303)691-7700 (303)692-3090 Colorado Dcpartmen. Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment October 6, 2000 Lynn Mayer, Regulatory Compliance Everist,L. G.,Inc. 7321 E. 88th Avenue, Suite 200 Henderson, CO 80640 RE: Certification,Colorado Wastewater Discharge Permit System Permit No., COG-500000,Facility Number: COG-0500394 WeldCounty Dear Mr. Everist: Enclosed please find a copy of your 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 the certification, if you have any questions contact Marla Biberstine at (303)692-3597. Sincerely, Marla L. Biberstine Program Assistant, Permits Unit Water Quality Control Division Enclosure xc: Bruce Kent, Permit Team,Environmental Protection Agency(8P2W-P) (w/1-7) Regional Council of Government(w/1-7) Local County Health Department(w/I-7) Victor Sainz, D.E.,Technical Service Unit, WQCD (w/1-7) cdw/cert RECEIVED OCT ; 22000 • Pet 11111 VI. CO St p7000 Far 1 I A4. CO( 507394 CDMG Pert iii No ! -9e,-120 H,ge 1 CERTIFICATION AUTHORIZATION TO DISCHARGE UNDER THE CDPS INDUSTRIAL GENERAL PERMIT FOR SAND AND GRAVEL MINING AND PROCESSING GENERAL PERMIT Category 07, Sub-category IA - General Permits, Sand and Gravel- Process Water& Stormwa:er SIC Code 1442, Sand and gravel mining, washing, crushing screening and stockpiling. Current fee $132/year (effective July 1, 1998) This permit specifically authorizes: L. G. Everist, Inc. Lynn Mayer, Regulatory Compliance 7321 E. 88ih Avenue, Suite 200 Henderson, Co 80640 1303) 287-4656 Fax (303) 289-1348 with the facility contact of Same as above to discharge from facilities identified as the Fort Lupton Sand and Gravel Mine, located in the S 1/2, NW '4 of Section 30 T2N, R67W, in Weld County, as shown in Figure 1 of the permit,from outfall 001, as shown in Figure 2 of the permit and furti 'r identified and described in the following table. Outfall Description and Treatment Estimated Flow Rat 001 Discharge from the settling basin prior to entering the South Platte River. Avg. == 2t• MGD The discharge is to the South Platte River, Segment 1 of the Middle South Platte River Sub-basin, South Plate River Bas. i, found in the Classifications and Numeric Standards for the South Platte River Basin, Laramie River Basin Republican RI Jer Basin, Smoky Hill River Basin (5 CCR 1002-38), as amended May 8, 2000. Segment 1 has been designated Use Protect, and classified for the following uses: Recreation, Class 2, Aquatic Life, Class 2 (Wane); Agriculture. .4ntidegradanon revie doe's not apply to this permit because the receiving water is designated as Use Protected. Effluent limitations in Part 1.B.2.a. of the permit and monitoring requirements in LB.3. of the permit apply to th s facilin s process water discharges. Salinity (TDS) monitoring of the discharge will not be required. Phosphorus monitoring of th discharge will not be required. At the time of application, the permittee certified that they had developed and implemented a Storm water Management Plan i'WM'P) for this facility. This certification was signed by Lynn Mayer on 08/11/00. As a condition of this permit, a copy of the SWAP retest be provided to the Division upon request. The permittee is encouraged to read the general rationale for an understanding of how this permit was developed an 1 read the permit to see what requirements exist. In the permit, effluent limitations and monitoring/reporting requirements are specii ied in Pc is '.B. and LC; special notification requirements for effluent violations are addressed in Part 11.A. All correspondence relative to this facility should reference the specific facility number, COG-500394. C'hri;topherI Gates September 2. 2900 Effective ,_ O C T O 6 2000 Expires SEPTEMBER 30,2002 N y 4 `F C / 1 I a48$ Wen k a Sand HHl 492< •1IStonon 4 x COYOIYl08U 18 IN <Bai -\\ l j"4. 'cc`.. -- 96<1k/TiWlon 4863 .r e � • \ - \ • .. T --- k pp ��,�di I� p a ' C o W#7,rillri I ssa <e . A. I oa.-- o o �A o f A I I <` _t44L_ � _ _�`� ���� --...N.—`)c\o `%:'_ m9u 1 1 •M 892 • 2 /---) i \ ) ! 5. / / r 492! / 0 a3 0— j/ s on ? .8133JiL, �;—o H . a� • 0 r\ r-�� • �V II Fite lc R —10L. / s o Ca _—_ G` /I <9JI I . I Pearson p _ 1 _ ) - .� 96 <e9J cc. i 6 --a9 993 :;�• 4B9J, 1 x I.,Y is u ): JO , ° t r . FIGURE I Exhibit B FORT LUPTON SAND AND GRAVEL MINE Index Map SAND AND GRAVEL OPERATION L.G.COG-500394 G Evenst, Inc. PAGE 25 Fon Lupton Sand & Gravel Mine 12/18/99 99024 l ,� ,r. . FIGURE 2 FORT LIJPTON SAND AND GRAVEL MINE - - _ SAND AND GRAVEL OPERATION COG-500394 PAGE 26 ,\ \ \ n LEGEND I • \ \ I — li ------7H ( . - WRY- / fa....4 s..--.. J r7-=:" z 13 . ' )I .... ,, 1, .... I - I ,....-.. - u..K. .-- 1 P. --- ti,' / ,,.,u UIWNG / C��, [ji DETAILS t 1\I ‘- )`‘C inr , lc, -Arr-A.....-... _.,,.. o 5 l''‘ --- �1 OUTFALL001 1 ti 1l I =_ e� j r :E.�� vcEt or ooi �. i -A _ -- — , . _-_,,,J5 E( M/ �I II I l AO' 1.. 7•n1-.11 ek Arte/,.,,i�r— «,,n tA dts 441,1t h, p i V N I\. A. •• ••••N; Fon,n.v d •h /we 0 1L 1 ET -,IA n a'ue RS -- 7. c. ''''' 'R1VI STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT « AIR POLLUTION CONTROL DIVISION 7"- >A TELEPHONE: (303) 692-3150 :: H]r CONSTRUCTION PERMIT PERMIT NO: 00WE0441 F INITIAL APPROVAL DATE ISSUED: OCTOBER 23, 2000 ISSUED TO: L.G. Everist, Inc. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and gravel operaton, known as the FL Lupto i pit, located in the S 1/2 NW 1/4 of Section 30, T2N, R66W, Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Material extraction, handling, stockpiling, hauling and associated conveyors and transfer points. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: Visible emissions from processing equipment and transfer points shall not exceed twenty p enent (20%) opacity during normal operation of the source. During per of startup, process modifir ation, or adjustment of contro equipment visible ernissio is shall not exceed 30% opacity for more th 1 six minutes in any sixty corsecutive minutes Opacity shall be measured by EPA Method IL Pete once: Regulation 1, Section II.A.1_& 4. 2_ The particulate emiasio-1 control measures listed cn the attache] page (as approved by the Di ituon) shall be applied to the particulate emission producing sources as required by Regulation Ne. 1 Seaton D.1.b. 3 Construction of this scurce must commence within 18 months o't initial approval permit isstianc late or within 18 months of date on which such const uction or activity was schedu'ed to cur-tuner c: as stated in the application If commencement does nut occur within the stated time the permit Ni1I pine on _ APR II. 23,/00.2(Sue General Condition No_ 6 hem 1- (Reference : Regulation - Part B, IV G 4 1 123'0574/001 e' 11/ 4, Page 2 Colorado Department of Public Health and Environment Air Pollution Control Division L.G. Everist, Inc. Permit No. 00WE0441 F Initial Approval 4. 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,III.A.4) Production of sand and gravel shall not exceed 6,000 tons per day or 500,000 tons per year. 5. Fugitive particulate emissions shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, III.A.4) Particulate Matter 21.5 tons per year PM,0 (Particulate Matter<10 pm): 5.6 tons per year. Note: Compliance with these fugitive emission limits shall be demonstrated by not exceeding the production limits in condition number 4 and by following the attached particulate emissions control plan. 6. Emissions of air pollutants from transfer points shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Reg. 3, Part B, III.A.4) Particulate Matter 0.7 tons per year PM,o (Particulate Matter<10 pm): 0.4 tons per year. 7. 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, IV.E.) 8. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting 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. 123/0574/001 Page 3 Colorado Department of Public Health and Environment Air Pollution Control Division L.G. Everist, Inc. Permit No. 00WE0441 F Initial Approval 9. All conveyors and transfer points will be subject to the New Source Performance Standards requirements of Regulation number 6, Subpart OOO whenever there is primary crushing capacity greater than 150 tons per hour (portable equipment) or 25 tons per hour (fixed equipment) at this location as follows: a. Visible emissions from conveyors and transfer points shall not exceed 10% opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) b. Written notification of construction and initial startup dates shall be submitted to the Division as required under§ 60.7. c. Records of startups, shutdowns, and malfunctions shall be maintained, as required under§ 60.7. d. Compliance with opacity standards shall be demonstrated according to§ 60.11. 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) 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 can be obtained from the Division at 303-692-3209.) /� By: By: /� /1-114 Chri t h L p ante amen S. Geier, P.E. Per En er Unit Leader Stationary Sources Program Air Pollution Control Division 123/0574/001 Page 4 Colorado Department of Public Health and Environment Air Pollution Control Division L.G. Everist, Inc. Permit No. 00WE0441 F 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, Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 3. The emission levels contained in this permit are based on the following controlled emission factors(any change in operations may change these factors): Particulate Matter: 0.0882 pounds per ton of sand and gravel PM,a (particles less than 10 microns): 0.0420 pounds per ton of sand and gravel Fugitive Particulate Matter: 0.6580 pounds per ton of sand and gravel Fugitive PM,o (particles less than 10 microns): 0.1507 pounds per ton of sand and gravel 4. This source is classified as a: Minor source At a: Minor Facility 123/0574/001 Page 5 Colorado Department of Public Health and Environment Air Pollution Control Division L.G. Everist, Inc. Permit No. 00WE0441 F 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-No off-property transport of visible emissions except that when operating off the property of the owner or operator,the applicable guidelines shall be no off-vehicle transport of visible emissions. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be compacted and revegetated within one year. 3. Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Vehicle speed on unpaved roads, haul roads, service roads and disturbed areas shall not exceed a maximum of 30 m.p.h. Speed limit signs shall be posted. 5. Unpaved haul roads shall be graveled. In addition,haul roads shall be watered or chemical stabilized as often as needed to control fugitive particulate emissions such that the above guidelines are met. 6. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 7. Material stockpiles shall be watered as necessary to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 123/0574/001 Page 6 Colorado Department of Public Health and Environment Air Pollution Control Division L.G. Everist, Inc. Permit No. 00 W E0441 F Initial Approval GENERAL TERMS AND CONDITIONS: (IMPORTANT] READ ITEMS 5,6,7 AND 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section 111.8. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide"final"authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part 8, Section IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute"final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days(fifteen days for portable sources)prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section IV.H.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual 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. 123/0574/001 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY -� Department of Natural Resources 131 3 Sherman St., Room 215 DIVISION o I Denver,Colorado 80203 MINERALS Phone:(303)866-3567 & FAX:(303)832-8106 GEOLOGY NEC LAMATION June 1, 2000 MINING•SAFETY Bill Owens Mr. Rick Everist I;,,�,,,nr,r L. G. Everist, Inc. Grrvti E w.�l<ner 7321 E. 88th Ave., Ste. 200 re ,'ive Director Henderson, CO 80640 Mirh.,el B.Long oh.isi0n Director Re: Ft. Lupton Sand and Gravel Mine, Permit No. M-1999-120, Permit Issuance - Construction Material Operation Dear Mr. Everist: On June 1, 2000 the Division of Minerals and Geology found L. G. Everist, Inc. to have satisfied the applicable requirements of C.R.S. 34-32.5-101 et seq. for obtaining a mining and reclamation permit. Therefore, a permit is being issued. Two signed originals of the permit have been executed. We have kept one copy for our files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms of the permit. 1. All of the original application materials, as amended and supplemented, are an integral part of your permit. They have been incorporated into the permit by reference. We presume that you have a copy of all of these materials; therefore, none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operating personnel, to help ensure compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a modification to the permit. We suggest consulting the Construction Materials Rules and Regulations and/or contacting us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.9 to Technical Revisions, and Rule 1.11 to Conversions. 3. On your permit anniversary date each year, June 1 you must submit an annual fee and an annual report to us. The annual fee for this permit is $550.00. Please consult the Act, Rules and Regulations, and your permit for specific annual report requirements applicable to your mine. If you have any questions, please the contact the Division. Sincere MICH Division Director MBL/ESC/bdc Enclosure cc: Robert Laird, Banks and Gesso Post-lum brand fax transmittal memo 7671 M of pages From /L4. To i l t i V Co. Co. Dept. Phone N Fax k - O3 ekrs FaxN IDepartmentdHzarof Ple Services Flood Hazard Development Permit Administrative Review COLORADO Applicant: L.G. Everist-- Ft. Lupton Sand & Case Number: FHDP-355 Planner: SL Gravel Mine Legal Description: S2 NW4 Section 30, Township 2 North, Range 66 West of the 6th P.M., Weld County, CO. Parcel Identification Number: 1309 30 000004 Firm Map Number 080266-0868O Permit is pproved -The plans and mplianc materials e w th the appl cable floodp an management st ndarrds n the Weld County Zoningment are in Ordinance. Permit is conditionally approved. Provided the conditions of approval are met, the plans and X mamaterials submitted in na spport of proposed development Weld County Zoning Ordinance.lcomply with the applicable floodplain gement standards Permit is dnied. The s not in cnformance with applicable managemenntest standards in the Weld County Zoning Ordinance (explanation floodplain roposed development attached). Variance is required. The proposed development will require approval of a variance by the Board of Adjustment is the applicant wishes to proceed with construction. Please call the Department ap ce of Planning Services to discuss the appropriate application materials needed to apply Conditions of Approval: 1. A Weld County Septic Permit is required for the proposed home installed according ngt the Weld County Individual Sewage Disposal septic and shall be Regulat ons. 2. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. 3. Installation of utilities shall comply with the conditions listed in the Flood Hazard Development Permit Certificate. (2.9-1 4. Construction shall comply with all requirements/conditions of the Weld County Building Code. 5. The lowest floor elevation of structures without a basement shall be considered to be the elevation, above mean sea level, of the top of the foundation of the structure. The lowest floor elevation of structures with a basement shall be considered to be the elevation, above mean sea level, of the floor of the basement of the structure. The lowest floor elevation of a mobile home shall be considered to be the elevation, above mean sea level, of the top of the mobile home pad, as described in the Lowest Floor definition in the Weld County Zoning Ordinance. 6. Prior to release of the Certificate of Occupancy, the applicant shall submit an as-built elevation certificate signed and stamped by a registered Colorado Professional Engineer. JA11,1 i (6kiz ii February 17. 2000 Sheri Lockman, Planner II Date Weld County Planning Dept. re i ►�_it OCT 1 L 2000 PUBLIC WORKS DEPARTMENT f 1:1‘ PHONE (970) 356-4000, EXT. 3750 C �/ FAX: (970) 304-6497 VIlID RECEIVED ED 1111 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 • COLORADO October 11, 2000 Philip N. Scott III,P.E. LSC Transportation Consultants, Inc. 1889 York Street Denver, CO 80206 Dear Mr. Scott: I have reviewed the revised Traffic Impact Study for the Ft.Lupton gravel mining facility and have the following comments. It appears the acceleration and deceleration lanes on U. S. Highway 85 do not meet the requirements of the Colorado State Highway Access Code. I apologize that I did not clarify that it would be the developer's responsibility to correct any substandard lane geometry. According to the U. S. Highway 85 Access Control Plan, no signal is planned for the intersection of WCR 18 and U. S. Highway 85. Since it requires two-thirds of the approving agencies to modify the plan,it is unlikely a signal will ever occur at this intersection. In your report,you suggest restricting the eastbound left turn movements during the evening peak hours if a signal is not installed. The traffic study will be accepted if the developers agree to the following modifications: 1. The acceleration and deceleration lanes on U. S.Highway 85 shall be improved to meet the requirements of the Colorado State Highway Access Code. 2. Eastbound left turns will be prohibited on weekdays between the hours of 4 p.m. and 6 p.m. to maintain the level of service on U. S. Highway 85. If you have any questions, please call me at(970) 356-4000 Ext. 3788. . Sincerely, Diane M. Houghtaling, P.E. Traffic Engineer pc: USR-1255 Sheri Lockman,Department of Planning Services L.G. Everist, Inc. M:\WPFILES\diane\DEVELOPMENTNUSR-1255A.wpd 04;19. uu 15: 32 FAX 3032744277 BANKS AND GESSO dpi 720 Kipling Street, Suite 117 Lakewood, Co 80215 Banks & Gesso, LLC Phone: (303)2744277 Fax: (303)274-8329 banksandgesso.com Fax To: Shari 1adarrn;Weld County PWS From: Rob Laird Fax: 970 304-6488 Page& 2 Phone: Data: 41191110 Re: Trldlic Sum, Ft. Lupton Sacs Pane CC: File, RA Everist • Sheri: Per our phone conversation of a few minutes ago, please see following. These are hand-written notes from yesterdays phone conversation between Diane Houghtaling of Public Works and our traffic engineer, Phil Scott of LSC, Inc. The notes may be difficult to read, but you should get the idea. We do not want to cause undue paperwork, but would appreciate having the review of the study, commends, and request for further information put in a memo and copied to you and/or Don Carroll, or whoever is in charge of Administrative Review of USR traffic impacts at the Public Works Dept This is so that we do not have to re- visit the traffic study again after we have reviewed the requested information and supplied the appropriate information to you and the Public Works Dept. I am sure that you can understand our request. Please talk to Diane on our behalf and thanks again for your help. Please call if needed. rs PUBLIC WORKS DEPARTMENT PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 1111 H C 58 GREELEY, COLORADO BOX STREET P.O. 32 COLORADO April 21, 2000 Philip N. Scott III, P.E. LSC Transportation Consultants, Inc. 1889 York Street Denver, CO 80206 Dear Mr. Scott: I have reviewed the Traffic Impact Study for the Ft. Lupton Gravel Mining Facility. The report is not complete. Please resubmit the study with clarification on the following issues: I. Please provide a reference for the statement that a loaded aggregate truck is equivalent to two passenger cars. I would prefer the intersection capacity calculations use actual vehicle trips modified by the percentage of heavy vehicles. If you prefer modifying the number of trips, please provide a justification. 2. Since 98%of the trips generated by this development will proceed directly to US 85, a discussion of the existing geometries of that intersection will be required. Please provide information on the existing lane widths and turning lane lengths for all legs of the intersection. Are there any sight distance or grade issues? Is the median wide enough for two stage movements? 3. Since the site will be in operation for 15 years please address the impact this site will have in the year 2015. Regional and US 85 traffic projection are available in the Upper Front Range Study. 4. Finally, the capacity calculation use 2%heavy vehicles. This seems low, please justify. If you have any questions, please call me at 970-366-4000 ext 3788. Sincerely, s Diane M. Houghtaling, pc:USR-1255 cc: Sheri Lockman, Department of Planning Services LG Everist, Inc M:\W PFILES\diane\usr-1255.wpd 04i 19.00 15:32 FAY 3032744277 BANKS AND GESSO 4902 Apr-13-00 13: 15 L5C#Oenver 303 333 1107 P .02 4 - 18 - 06 , I 1\-�"=Csi� 4 01n-kar� 4vJc- riz-il-L.. tt., c II") C_'. ., C....) C 3 C. 1t.. C. 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