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
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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
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FIGURE 2
FORT LIJPTON SAND AND GRAVEL MINE - -
_ SAND AND GRAVEL OPERATION
COG-500394
PAGE 26
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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
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