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HomeMy WebLinkAboutbocc.res.052.2009RECEPTION #: 563795,10121/2009 at 02:31:23 PM, I OF 4T R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RES0LUT101V OF TI+L BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE ELAM CONSTRUCTION, INC. SPECIAL REVIEW TO EXPAND THE VAGNEUR GRAVEL PIT Resolution No. 00-2009 RECITALS 1. Elam Construction Inc. (Applicant) submitted an application to the Pitkin County Board of County Commissioners (BOCC) to expand the Vagneur gravel pit from the west to the east and maintain the terms of operation for 20 years (plus one year for reclamation) for the sand and gravel extraction operation and the asphalt hot mix/concrete operation. 2. The property is located in Woody Creek across from the Woody Creek Mobile Home Park and is more specifically described in Exhibit A. 3. The Elam operation was granted Special Review approval by BOCC pursuant to Resolution Nos.88- 47 and 99 -69. BOCC Resolution No. 129 -2006 approved an identical expansion request described above however, District Court Order Case Number P06 CV 230 vacated Resolution No. 129 -2006. The Order remanded the matter back to the BOCC for further proceedings consistent with the order. 4. The BOCC reviewed the application at a duly noticed public hearing on June 24, 2009 and a continued public hearing on August 12, 2009, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the application meets the provisions of Section 3 -250 of the Pitkin County Land Use Code. 6. The BOCC further finds that the 1000' setback requirement for a gravel pit from a residence can be reduced to 480' and will result in substantially the same or less impact due to unique site features, the nature of the equipment that will be utilized, and mitigation efforts employed. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Elam Sand and Gravel Pit and Asphalt/Hot Mix/Concrete plant request for expansion and a 20 year extension of the Special Review approval of their operations, subject to the following conditions: 1. Material Representations: Representations made by the Applicant thereafter referred to as the ( "Operator ") within its application and as amplified or expanded by the Operator's representations during the processing thereof, will be adhered to by the Operator unless otherwise expressly provided in this resolution. 2. Areas Covered by the Permit: The gravel permit agreement shall apply to those areas in the legal description attached hereto as Exhibit A. 3. Cessation of Activities: The operator agrees to remove all stockpiled gravel and all facilities necessary for such removal within 360 (three- hundred sixty) days of the termination of this permit and to remove, within one - hundred eighty (180) days after termination, the hot -mix asphalt plant and concrete batch plant and all other building improvements, equipment and materials created, constructed or installed pursuant to this permit, or pursuant to or prior to subsequent permits or approvals. 4. Hours of Operation: The permitted operations, and facilities, specifically including the asphalt hot -mix plant, concrete batch plant, mining, equipment mobilization, and rock crushing may BOCC Resolution NoI5512- 2009 Page 1 of 6 commence no earlier than 7:00 A.M. and shall cease no later than 7:00 P.M. However, deliveries to the site may occur after 6:00 A.M. Operations shall be limited to Monday through Saturday. 5. Required Performance Standards: The Operator shall conduct its operations in accordance with the following standards: A. Drainage: Surface run -off shall be contained entirely within the site, including run -off from storm or moisture situations, as more fully described. Prior to the initiation of Phase 11, the Applicant shall provide a specific drainage plan for the eastern edge of the operation as it relates to the drainage into Woody Creek. The plan shall be submitted for review and approval to the County Land Use Engineer and Environmental Health and Natural Resources. B. Air Pollution: Smoke and dust originating from the operation of the asphalt plant, concrete batch plant and gravel operation shall be controlled as follows: 1) County and State Air Pollution Regulations, whichever are most stringent now or hereafter adopted shall be strictly observed. Violations shall be subject to fines and/or orders to cease and desist operations. 2) Sprinkler systems for pollution control shall be kept in good repair and function properly at all times 3) Operations shall be conducted in such a manner as to prevent damage to forest and agricultural resources by air pollutants resulting from such operation. 4) The Operator shall utilize its best efforts to follow up and eliminate escape of noxious and offensive odors and fumes from the site. C. Water Pollution: Discharge of muddy water, resulting from dust and smoke suppression measures or otherwise shall not be permitted, but the same shall be drained to settling and percolation ponds. The water table or water quality thereof shall not be degraded or altered without study and separate approval of the Board of County Commissioners of Pitkin County, Colorado. Operations shall be conducted sufficiently above the water table to prevent any contamination of ground water. D. Noise: Noise from the operation as measured at any point on the property line of the property shall be governed by applicable Pitkin County noise abatement ordinances. Additionally, the Sound Level Monitoring Protocol (Exhibit C) shall be adhered to, and discriminating back -up signals shall be utilized by the Operator's equipment and trucks. E. Scenic Values: Operator shall harmonize operations with scenic values through such measures as the design and location of operating facilities, including roads and other means of access, vegetative screening of operations, and construction of structures and improvements which blend with the landscape. Berms shall be constructed to screen operations. Adequacy and diligence of such measures shall be the subject of the Operator's report and annual hearing procedures. F. General Environmental Requirements: At all times the Operator shall take such measures as will prevent or control on -site and off -site damage to the environment including, but not limited to: 1) Control of erosion and prevention of landslides; 2) Prevention of water run -off, 3) As part of the annual report the Operator shall provide a detailed report inventorying toxic materials and disposal thereof as required by federal regulations. 4) Elimination of hazards to public health and safety; 5) Restoration of fisheries and wildlife habitat in surface water bodies; BOCC Resolution No. 6 Sh 2009 Page 3 of 6 6) Stabilization of access roads by proper grading, drainage control, surface treatment and vegetation G. Water Supply: Adequate water supply will be provided to meet Pitkin County Land Use Regulations. 6. Revegetation and Reclamation: A. Reclamation for Phase 1 shall be in accordance with the approved reclamation plan as described in the text of the application submitted to the Planning Office on December 15, 1987 and consistent with Exhibit 3 of BOCC Resolution No. 88 -47. Reclamation for Phase 2 shall be in accordance with the approved reclamation plan as submitted in 2006 and approved in 2009. B. Revegetation must be accomplished as soon as practicable after work has been completed in an area where the Operator has concluded its work. The intent of this provision is that exposed slopes shall be rehabilitated and revegetated at the earliest possible date. C. Pitkin County recognizes that the State of Colorado's Mined Land Reclamation Board will require a bond for revegetation. So as not to duplicate said bonding Pitkin County will not require a bond at this time. However, Pitkin County shall review bonding and reclamation provisions and progress thereunder at each of its annual hearings, and reserves the power to impose additional reclamation provisions or require additional security to assure proper reclamation and revegetation. Should reclamation plans or the bonding provisions prove to be unsatisfactory, the County may require a bond of an amount per acre of land to be disturbed which is reasonable to cover the costs of reclamation and revegetation. This permit shall be null and void if the bond is not furnished and the permittee shall cease all work hereunder. 7. Control of River Road Traffic: The Operator shall use its best efforts to minimize the impacts of truck traffic on the River Road access to the subject property. The operator agrees that truck traffic entering and leaving the Elam site shall exclusively utilize the new access road rather than the old River Road access road. The operator shall control access within the permit site to discourage use of the old River Road access road by trucks entering and leaving the site. These provisions shall be evaluated at the annual hearing, and may be modified by the Board 8. Camper Area: Camper spaces shall be provided for a maximum of 20 campers. Campers shall only be on site from April I to December 1" of each year. Use shall be restricted to temporary, short-term, seasonal use by employees of the Operator only using campers, and not for longer - term housing, mobile homes or other forms of habitation, except for the mobile home utilized to provide year -round security, which may be occupied by the Security employee and his family. Camper use is accessory only and shall be terminated in accordance with paragraph 3 of this resolution 9. Weed Control: Operator shall abide by the weed control program described in Exhibit 5 of Resolution No, 88 -47 which may be amended as provided by paragraphs 6 A, B and C hereof, or operation of law. 10. Term of Permit: Operator's long -term Sand and Gravel and Asphalt/Hot Mix Concrete Plant permit, and special use approvals thereof, shall expire twenty (20) years after the approval of this resolution, unless sooner terminated or extended pursuant to Code. BOCC Resolution No6 2009 Page 4 of 6 11. Non - Discrimination: Operator agrees that no discrimination shall be shown to any purchaser within the County, but this provision shall not prevent the Operator from giving quantity discounts or refusing to sell gravel to operators who access or leave the gravel pit via the River Road access road or refusing to sell gravel to Operators with poor current credit standing. 12. The Water Resource Protection Plan dated September 1, 2006, shall be adhered to (attached as Exhibit B). 13. Crusher operations shall be limited to the dates of April 1 through November 25 of each year. Any required extensions beyond these dates must be approved by the BOCC in consultation with the Woody Creek Caucus. 14. Any asphalt plants and/or rock crushers must be permitted by the Colorado Department of Public Health and environment and stay in compliance with conditions of the permit. 15. Fugitive dust from the pit operations must be contained to maintain compliance with applicable state standards. 16. Night time operations beyond the standard allowed operating hours shall be permitted under the following parameters: A There may be a maximum of 10 nighttime operations in any one calendar year at the Elam Asphalt/Hot Mix Plant in which operational hours may be extended to include 7:00 p.m. until 7:00 a.m. as well as normal daytime operating hours. These 10 nights can only be to accommodate publicly owned projects. The Operator shall notify Pitkin County, the W/J Homeowners Association, and the Woody Creek Caucus, in writing, as to approximately when and how long the operations will be conducted at least 72 hours prior to commencement of the nighttime operations. B. This approval shall be limited to a maximum of 40 truck loads per night. C. A traffic control plan shall be submitted to the County Engineer which will include suitable methods for providing warnings, information, and signage (including lighted warning signs) to persons using County roads and bike trails in the vicinity of the truck activity area D. The Operator, in conjunction with the public project owner shall implement a public information /notification plan utilizing at least the follow mediums of communication: public service announcements, newspaper notices, and neighborhood newsletters to alert affected residents and other travelers of potential delays and hazards. E. There shall be no gravel extraction, crushing, processing, nor stockpiling during the extended nighttime hours. F. The Operator must comply with all noise and air quality standards at the plant. G. Trucks shall not use "Jake" brakes during nighttime operations except in an emergency situation 18. The Applicant shall control dust to be substantially the same or less than 14.0 µg/cu. meter of dust at the 480' residence under normal operating conditions. To ensure this, the Applicant shall water haul roads 4 times per day during dry conditions and water the northern portion of Phase 2 within 1000' of the residence, as needed during mining operations. 19. To mitigate additional noise impact, the Applicant shall maintain a 15' — 25' natural berm along the eastern facing slope isolating the mining area from the 480' residence to reduce noise. The BOCC Resolution No. 6 S2- 2009 Page 5 of 6 Applicant shall also limit the use of the Cat 966 loader or similar machine to at or below the 7403 elevation in the northern area of Phase 2, where the former topsoil stockpile was to be located, or whatever elevation is necessary to ensure the noise at the 480' residence does not exceed 48dB(A). 20. To mitigate additional noise impact the Applicant shall mine the expansion area from south to north and always push materials down to the existing pit area leaving the east facing slope intact until the end of the life of the expansion area. 21. To mitigate the additional noise and visual impact the Applicant shall mine the expansion area from west to east leaving the east facing slope intact until the end of the life of the expansion area. 22. To mitigate the visual impact of removal of the hillside, the Applicant shall employ landscaping in the form of tree plantings and/or landforms to the satisfaction of Staff to better screen the expansion area from the 480' residence as illustrated in attachment D. 23. Annual Hearings: A. During January of each year, but no later than January 31, the Operator shall file a written report with the Planning Director demonstrating compliance or non - compliance with conditions of the sand and gravel permit and other provisions of the County Land Use Code. The required annual report will include an updated estimate of gravel reserves remaining at the site. The Planning Office shall review the operator annual written report to determine compliance with the permit and prepare a report to the Board to be reviewed at a duly noticed public hearing. The purpose of the hearing shall be to review the annual written report of the permittee and to provide an opportunity for the citizens of Pitkin County to comment on the sand and gravel operation. B. Based upon the annual hearing, the Board shall have the power upon good cause being shown, to modify the permit to require certain corrective measures to be taken or to direct the County staff or its agents to enter upon the premises and to take corrective measures required by the Board; impose new or additional conditions, standards or restrictions to address environmental concerns required by considerations of public health safety and welfare or to achieve the objectives and purposes of the original permit or to bring the permit into compliance with other laws or regulations regulating permits to or uses of the site; the cost to be assessed against the Operator and its sureties. 24. The Applicant shall provide a report discussing different housing options for the seasonal workforce that utilizes the camping area from April I" through December I" of each year. The report shall explore options for more permanent housing that could include sharing housing with winter season employees of other companies, agencies, etc. The report shall be available for review and discussion by the BOCC no later than the annual hearing scheduled for January of 2010. 25. Revocation. The County shall have the power to revoke the special use permit, upon showing of good cause, after a public hearing on the same NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 24th DAY OF May 2009. BOCC Resolution NoG )- 2009 Page 6 of 6 APPROVED AND ADOPTED on the 12' day of August, 2009. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON �— 9a - 6 IF ATTEST: pwtjuh 0y1w Jea e e Jones J� De Clerk AP OVED AS TO FORM: John Ely, County Attorney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Patti Kay - Clapper, Cha Date APPROVED AS TO CONTENT: c, l (� Cindy Houben, Community Development Director PIDH 2643 -161 -02 -010 and Case P017 -09 I P 43 /2 12:47 JA CF KIN COUNTY CO M R 0.10 1p �0U'_1I LbJl.itir llVa. ._ .. A PARCEL OF LAND SITUATED IN THE NE 1/4 AND THE NE 1/4 SE 1/4 OF SECTION 16, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P. M. s , PITKIN COUNTY, COLORADO, SAID PARCEL BEING MORE FULLY DESCRIBED AS -FOLLOWS: .BEGINNING AT A POINT ON THE EASTERLY EDGE OF THE - ABANDONED DENVER AND RIO AGRANDE VAILROAD RIGHT OF WAY WHENCE THE N 1/4 CORNER OF SAID SECTION 16 BEARS N 18 W 164.84 FEET= THENCE S 70 E 393.66 FEET; THENCE S 68 E 527.45 FZET;, THENCE S 56.33'16" E 538.74 FEET; , THENCE S 53 E 434.89 FEET; THENCE N 81 E. 409.36 FEET; THENCE N 63 E 218.35 FEET; THENCE S 84 ".E 369.63 FEET THE POINT OF INTERSECTION-WITH TH8 EASTERLY BOUNDARY LINE OF SAID SECTION 16; THENCE S "24'36" E 2411.08 FEET ALONG -SAID EASTERLY SECTION LINE TO THE NORTHEASTERLY CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 199 AT PAGE 162 OF THE PITKIN COUNTY RECORDS; THENCE THE FOLLONING COURSES AND DISTANCES ALONG THE NORTHERLY BOUNDARIES OF THOSE TRACTS OF LANDS DESCRIBED IN BOOK 199 AT PAGE 162 AND 900K 250 AT PAGE 355 OF THE PITKIN COUNTY RECORDS: H WATER RESOURCE PROTECTION PLAN Vagneur Gravel Pit — Woody Creek, Colorado Revised September 1, 2006 Prepared for Elam Construction, Inc. 1225 South 7` Street Grand Junction, Colorado 81501 (970) 242 -5370 Prepared by Rare Earth Science, LLC Post Office Box 4523 Grand Junction, Colorado 81502 (970) 241 -1762 P A 12 -�� VIP TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS ........... ...................................... ..................................... 4 1.0 INTRODUCTION AND BACKGROUND ........................................................................ 1 2.0 ENVIRONMENTAL PERMITS & CONTROL MEASURES .............. ..............................4 2.1 ENVIRONMENTAL PERMITS ...................................................... ........... ................ 4 2.2 FUEL STORAGE AND SPILL PREVENTION .............................. ..............................5 2.3 CONCRETE WASHOUT FACILITY ........................................................................... 7 2.4 IMPORTED SOIL ACCEPTANCE CRITERIA .............................. ..............................7 2.5 EROSION AND SEDIMENT CONTROL .................................................................... 8 2.6 OTHER ENVIRONMENTAL ISSUES .............................................................. ...... ... 8 3.0 PROTECTION OF WATER RESOURCES .................................................................... 9 3.1 POTENTIAL SOURCES OF CONTAMINATION ......................... ..............................9 3.2 LOCAL GROUNDWATER AND SURFACE WATER HYDROLOGY ...................... 11 3.3 SURFACE WATER PROTECTION ......................................................................... 12 3.4 GROUNDWATER PROTECTION ........................................................................ ....13 4 .0 SUMMARY ...... - .... -- ....................................... - ........................................... ............. 14 5.0 REFERENCES ....................................................................................................... --.15 FIGURES 1 SITE LOCATION MAP ......................................................................... ................................. 2 2 SITE AERIAL PHOTOGRAPH ............................................................................... - .............. 2 APPENDICES A Certification of Clean Material B Imported Soil Acceptance Protocol C Soil Sampling Protocol D Water Sampling Protocol P EK VOS CA" C WYC 0 R %0.8 *D9. r Vagmur PH - WRPP i September 1, 2006 16 H-0-013- ACRONYMS AND ABBREVIATIONS APCD Air Pollution Control Division asl Above mean sea level AST Aboveground storage tank BMP Best management practice BTEX Benzene, toluene, ethyibenzene, and xylenes CDPHE Colorado Department of Public Health and Environment DRMS Colorado Division of Reclamation, Mining and Safety Elam Elam Construction, Inc. EPA U.S. Environmental Protection Agency LUST Leaking underground storage tank MLRB Mined Land Reclamation Board OiS Oil Inspection Service Pit Vagneur Gravel Pit POL Petroleum, oil, and lubricant RCRA Resource Conservation and Recovery Act SPCC Spill Prevention Control and Countermeasures Plan SWMP Stormwater Management Plan TEPH Total extractable petroleum hydrocarbons TPH Total petroleum hydrocarbons TVPH Total volatile petroleum hydrocarbons UST Underground storage tank WRPP Water Resource Protection Plan 0 !1 11 1 • Vagneur PR WRPP Il September t, 2p06 / / UU991ta FIGURE 1 — SITE LOCATION MAP 5 IGE K VOS c;Im II. KIN CWNT e o VagMur P(t— vyf;PP 2 September 1, 2006 61U015 1.0 INTRODUCTION AND BACKGROUND This Water Resource Protection Plan (W RPP) has been revised and updated for Elam Construction Inc.'s ( Elam's) Vagneur Gravel Pit (Pit) located near Woody Creek, Colorado (Figure 1). The original W RPP was prepared in August 2000 by OASIS Environmental, Inc. Elam has been operating the Pit since 1980 for the extraction of sand and gravel, and the production of asphalt and concrete products, for road - building and construction purposes in the Roaring Fork Valley. During Elam's application for Pit expansion in May 2006 (Case No. PO48 -06), Pitkin County determined that the original WRPP was overly restrictive for current and on -going operations at the Pit. The following document and appendices have therefore been updated to serve a duat purpose of compiling all environmental control measures currently implemented at the Pit, along with providing plans and procedures for monitoring site conditions and protecting local water resources. The Pit is located in the northeast quarter of Section 16, Township 9 South, Range 85 West (Sixth Principal Meridian), approximately 10 miles northwest of Aspen, Colorado. The general elevation at the Pit entrance is approximately 7,450 feet above mean sea level (asl). The Pit encompasses a State - permitted area of 104.7 acres for the mining operation, of which about 48 acres encompass the active mining area (known as Phase 1). Elam is proposing to expand their mining operation by about 19 acres (Phase 2) into the hillside located directly east - southeast of the current Phase 1 gravel extraction area. The expansion area is still within the original State - permitted boundary and Phase 2 mining activities are anticipated to last for approximately 16 years. It is important to note that the Pit is not known to be a contaminated site, and mining activities take place above the groundwater surface. The Pit is dry by nature and no documented incidents of surface water or groundwater contamination have occurred at this location during Elam's operation of the facility. � i i �► ai'� F �� i �( 0 i I I CI i l t �I ,1 I Vagneur Pit— WFPP 1 Seplmber 1, 2008 13 P' ) `l� USGS 7.5- Minute Topogrophic Qua v. Woody Creek Ruedi Reservoir, HlgMmd Peak & Aspen (1961, Photovemsed 1987) Slocft 1:24,900, floondary Location Appro3dmaIre ' 9 7 its 00dy VAGNEUR GRAVEL PIT C) LOCATION m I y�o..at`" ' .0 z 21 t tt Q It A f NN NMI DATE: Seplonbw 2006 SITE LOCATION MAP CHECKED BY, J. AMIWOM (T Pare Earth Science, LLC FIGURE Poet COM Box 4523 DRAWN- .1-Affnatong Gnvtd JLmCWn. C�Wado 91502 PROJECT: 06-1.097.03 (970) 241-IZ62 ELAM CONSTRUCTION, INC. ofocrervearmscm,mm, tom VAGNEUR GRAVEL PIT FILE NAMIRV89171" (dir Pkkt County, Cabmdo Ad & A 0P.0 054"l WUD I TK c a TY C FIGURE 2 - SITE AERIAL PHOTOGRAPH y� til 'I I ,,l 0 �', �' �� ��' � � i r � t � �► 6sptambx 1, 2006 Vapneur Pit — WRPP "`14 " 1 (.) L; A� j 0 2.0 ENVIRONMENTAL PERMITS & CONTROL MEASURES Protection of the air, water, and land is a primary concern at the Pit. To that end, Elam maintains all required environmental permits; maintains the necessary controls for petroleum, oil, and lubricant (POL) storage; and has voluntarily implemented a variety of best management practices (BMPs) to avoid potential environmental liabilities at the Pit. These preventative measures are implemented to minimize the potential for POL spills, to prevent stormwater pollution, and to prevent surface water or groundwater pollution. A discussion of the existing environmental permits and the methods that are currently implemented at the Pit to control and minimize environmental impact are described in the following sections_ 2.1 ENVIRONMENTAL PERMITS Environmental issues at the Pit are regulated, and enforced, by the Pitkin County Environmental Health & Natural Resources (El-UNR) Department and the Colorado Department of Public Health and Environment (CDPHE). Sand and gravel mining operations are regulated by the Colorado Division of Reclamation, Mining and Safety (DBMS [formerly Division of Minerals and Geology]) and the Colorado Mined Land Reclamation Board (MLRB). Water issues (including well permitting and water rights) are regulated by the Office of the State Engineer and Water Division No. 5 in Glenwood Springs. The Pit is not in a floodplain or floodway area and does not contain wetlands. Elam maintains the following permits for the Pit MLRB -Permit No. M -1980 -085 (mining operation) Pitkin Countv — Resolution No. 99-69 N CQPHE (Air Quality Control Division) - Permit Nos. 13P1388 -5 (fugitive dust emissions), 97POO820 (X - 610 crusher emissions), 98P00456 (V -755 asphalt plant emissions) QPHE (Water Quality Control Division) - Permit Nos. COG - 500549 (sand and gravel general stormwater permit) and COR- 010941 (asphalt plant) Vagnew Pit- WRPP 4 September t, 2006 16 1j 19 4r, If yo RI > Office of the State Enaineer - Permit No. 041824 -FR (groundwater well) 2.2 FUEL STORAGE AND SPILL PREVENTION POL products at the Pit are handled and stored in a way to prevent them from entering surface waters or groundwater. The type, and volume, of POL products stored at the Pit are listed in the table below. POL STORAGE — Vagneur Gravel Pit LvO'� POL Product Container Number of Maximum Maximum On- Type Tanks or Capacity (gallons) Site Storage Drums (gallons) Diesel Fuel # 2 Steel Tank 1 6,000 6,000 Diesel Fuel # 2 Steel Tanks 2 10,000 20,000 Diesel Fuel # 2 Steel Tank 1 500 500 Lubricating Oils Steel Drums 6 55 330 Asphalt Oit Steel Tank 1 25,000 25,000 Gasoline Steel Tank 1 4,000 4,000 All tuel is stored in aboveground tanks (ASTs), which are placed in concrete - bermed and lined containment areas. The ASTs are inspected annually by the Colorado Department of Labor and Employment's Oil Inspection Section (OIS). Asphalt oil is stored in portable, heated, tank trailers. Tank ullage documents are kept at the pit to determine routine POL usage and Elam maintains a current Spill Prevention Control and Countermeasures Plan (SPCC) for the Pit (dated August 2002). Equipment (i.e., loaders, hand tools), laborers, and materials (i_e., absorbents) for implementing spill control are also readily available at the Pit. All Pit operations are conducted and managed in a manner that prevents the release of potential contaminants or waste materials to the environment. Fueling of Pit equipment is performed only in designated areas away from surface water or drainages leading to surface water. To minimize the risk of a fuel spill, the following procedures are implemented. Vagneur Pit- WRPP P September 1, 2006 i • Check the vehicle or equipment. Ensure that it has been properly maintained and there are no POL leaks prior to operation, • Stage vehicles In a central location, away from water bodies or other sensitive areas. • Position equipment so that valves, piping, tanks, or other fuel- containing parts are protected from damage by other vehicles or equipment. • Verify that adequate secondary containment and absorbents are on site. • Before starting any fuel transfer operation, inspect all hoses, connections, valves, etc. Ensure that these items have been properly maintained and all connections are properly tightened. • Use secondary containment or absorbents under all appropriate connections, vents, or any other likely source of spillage. Use as many secondary containers as necessary. • During fuel transfer, maintain line of sight with equipment operator and/or all connections and other potential sources of spillage. Never leave a fuel transfer unattended. • Maintain secondary containment while disconnecting filling hoses. • Maintain drive -in protection for all portable ASTs. Should a release be detected from an AST or drum, or from overfilling, the following procedures will be performed, at a minimum: • Immediately notify the Elam facility manager. • Take immediate measures, using properly protected personnel, to control and contain the spilled material. • Notify the appropriate regulatory agencies as required (i.e., COPHE's 24 -hour Emergency Response Notification Number [1 -877- 518 - 5608], the Pitkin County EH /NR Department, and the Aspen Fire Protection District [if potential fire danger occurs)). The State Oil Inspector's office will be contacted if a release of more than 25 gallons occurs from an AST. • Isolate the area and keep all unnecessary personnel out of the area. • Obtain an appropriate container to package the spilled material. • Pump or scoop up the spilled material and any additional contaminated soil, and place it in a container. • Keep ignition sources and combustibles away from the spilled material. • Photograph and document the spill response activities_ in addition, the Pit is a secured area and not accessible to the public in order to prevent accidents and potential vandalism. The entire Pit area is bermed and the main road leading tc the Pit is gated and locked during non- working hours. Vagnew Pp- WRPP 6 septamber 1, 2008 /7 ;, 1}JZ 2.3 CONCRETE WASHOUT FACILITY Lafarge Corporation operates a concrete batch plant, on a lease basis with Elam, within the boundary of the Pit. The plant has been in operation for approximately 15 years. During late Summer 2000, Lafarge constructed a facility that provides containment and reuse of water generated from mobile concrete truck washout. The facility is constructed entirely from concrete and consists of an apron area for truck unloading, two settling basins, and a drying area for the concrete washout. The facility was conservatively designed to accommodate wash -water usage at a rate of 250 gallons per truck (7,500 gallons per day, assuming 30 trucks per day) and concrete waste at a rate of 0.25 cubic yards per truck (7,5 cubic yards per day). A clean -water storage tank, pump system, and truck - loading rack allows for a closed -loop system with complete reuse /recycling of the wash water. The settling basins can be accessed by a front -end loader to remove accumulated concrete solids that are ultimately recycled or landfilted offsite_ By using the washout facility, there is no direct discharge of concrete -truck washout to the Pit floor. 2.4 IMPORTED SOIL ACCEPTANCE CRITERIA 623 From time to time, Elam accepts inert soil generated from local area construction - related activities. These soils are stockpiled at the Pit and will ultimately be used for reclamation purposes. In effort to avoid potential contamination from this material, a company policy has been established for accepting and sampling the off -site soils. Each company or individual who delivers soil to the Pit is required to sign Elam's Certification of Clean Material (Appendix A) acknowledging the origin of said material and lack of contamination. Imported soil will not be accepted at the Pit unless this certification has been signed by a responsible party. Additionally, Elam has developed Imported Soil Acceptance Protocol and Soil Sampling Protocol documents (revised September 1, 2006 and included in Appendices B and C, respectively) . The Imported Soil Acceptance Protocol details which types of soil materials are specifically excluded from acceptance at the Pit; for example, mining waste, asbestos materials, solid wastes, hydrocarbon - impacted soils, etc. The Soif Sampling Protocol provides internal guidance for Elam's routine sampling procedure for the imported soil stockpile(s), Vagneur P6 - WRPP 7 sepu"ber 1, 2006 d Elam shall collect soil samples, one for every 20,000 cubic yards of imported material, with a minimum of one soil sample on a quarterly basis to monitor stockpile conditions in order to minimize the chance of future environmental contamination at the Pit. 2.5 EROSION AND SEDIMENT CONTROL Elam will implement and maintain erosion prevention and sediment control systems to minimize the transport of soil particles into surface waters at/near the Pit. Berms, ditches, and/or slit fencing may be utilized to accomplish this goal. Stormwater discharges from Pit operations (including sand & gravel mining and asphalt & concrete batch plants) comply with the Colorado Discharge Permit System regulations. Elam has the required general permits and Stormwater Management Plans (SWMPs) in place for the Pit and asphalt plant. Annual reports are submitted to CDPHE, and bi- annual inspections are performed at the Pit. All stormwaler runoff is contained onsite and no process water or mine water is discharged at the Pit; therefore, no discharge monitoring is required for the site. 2.6 OTHER EWRONMENTAL ISSUES Air Quality - Air emissions from pit operations (aggregate crushing, asphalt & concrete production, and fugitive dust from haul roads) comply with CDPHE Air Quality Control Division (APCD) regulations. Elam has the necessary APCD permits and control plans in place for the Pit, crusher, and asphalt plant. Landtllls - Elam does not perform any on -site landf fling of solid waste at the Pit. Hazardous Waste - No hazardous waste Is generated or stored at the Pit. Employee Training and Awareness Programs - Every Elam employee receives annual training on environmental issues including pollution prevention, spill prevention/spill response, "good house - keeping" practices, and erosion control. V0.q wPa --WRPP SWWMsr 1.2004 ..i:0 ✓24 3.0 PROTECTION OF WATER RESOURCES This section addresses the environmental contamination sources that could potentially impact water resources at the Pit and in the Woody Creek area. The greatest concern is the impact to public/private drinking water supplies — those individuals who rely on groundwater wells in the area. 3.1 POTENTIAL SOURCES OF CONTAMINATION Environmental constituents of concern at the Pit include a variety of hydrocarbon compounds originating from the on -site storage and usage of POL products; total metals (e.g., cadmium, chromium, lead, and silver) originating from used oils or other mining operations; along with sediment and turbidity. Water resources potentially impacted by Pit operations include surface water and groundwater. The greatest risk to these water resources would be a sizable POL release at the Pit, with potential pathways as groundwater infiltration and overland flow to nearby surface waters. Fortunately, these pathways are protected through: > The use of controls and spill prevention/response methods (i.e., maintenance of site security, containment of POL, fueling of equipment only in designated areas, adherence to spill control procedures); > Berms surrounding AST locations and around routes of travel (roadways) within the Pit; > Containment of concrete washout; Erosion prevention and sediment control measures; > Site monitoring programs; and > Employee training and awareness programs. All of these BMPs and engineering controls (as described previously in Section 2.0) have been implemented at Elam's Pit in order to prevent or minimize POL, or other potential environmental contaminants, from entering surface water or groundwater pathways. Beyond the permitted boundary of Elam's mining operation, there are myriad sources of contamination that have the ability to affect surface water and groundwater supplies in the vicinity of Woody Creek. Va9MUr Prt - WRPP S September t, 2006 p l�Q 2 5 I` The following list presents significant potential sources of contamination, and general compounds of concern, in Colorado (CDPHE, 2000). COMMERCIAL /INDUSTRIAL: • Chemical f Petroleum Transportation and Storage (pipelines, fuel tank farms) - (organics, inorganics) • Fleet I Trucking i Bus Terminals - (organics, inorganics) • Gas Stations and Fueling Areas - (organics, inorganics) • injection Wells - (organics, inorganics) • Land Development - (organics, inorganics, turbidity) • Machine / Maintenance ! Repair Shops - (organics, inorganics, microbial) • Mining (active and inactive) / Milling - (organics, inorganics, radionuclides) • Historic Railroad Corridors (fueling / maintenance areas) - (organics, inorganics) • Storage ranks (AST and underground [UST)) - (organics, inorganics) ■ Superfund Sites - (organics, inorganics) RESIDENTIAL l MUNICIPAL: • Airports - (organics, inorganics) • Golf Courses and Parks (chemical/fertilizer application) - (organics, inorganics) • Landfills / Dumps (active and historic) - (organics, inorganics, microbial) • Waste Transfer Stations and Recycling Facilities (incl. municipal / commercial ! hazardous waste) - (organics, inorganics, microbial) • Septic Systems - (microbial, inorganics) • Transportation Corridors (transport of hazardous materials) - (organics, inorganics, radionuclides) • Utility Stations (substations, power plants, etc.) - (organics, inorganics, radionuclides) • Wastewater Treatment Plants - (microbial, inorganics, organics) AGRICULTURAL /RURAL: • Campgrounds and Rest Areas (septic systems) - (microbial, inorganics) • Animal Feeding Operations - (microbial, inorganics) • Irrigated Crop Areas (chemical/fertilizer application) - (organics, inorganics) • Pesticide/ Fertilizer Storage Facilities - (organics, inorganics) It should be understood that most of these activities occur (or have occurred) topographically upgradient from the Woody Creek town site and Elam's Pit According to information obtained from the OiS in 2000, there were 180 registered tank facilities (both AST and UST) in Pitkin County with 108 documented leaking UST (LUST) sites. Of these, four LUST sites were listed in Woody Creek (i.e.. Comstock Ranch, Jon Peters residence, Pitkin Iran Corp., River Bend Apartments). These are documented POL releases with OiS. It is reasonable to assume that numerous unregistered USTs /ASTs also Vagneur Pit- WRPP 10 S•pt•mbn 1, 2aae 3 exist at local ranches and private residences, for storage of heating oil and motor - vehicle fuels, along with unreportedlundocumented POL releases. In addition, there are known septic system failures (i.e., Woody Creek Trailer Park) in the area (Dunlop, 2000). All of these example contamination sources discussed above have the potential to impact local water resources and public/private drinking -water supplies. 3.2 LOCAL GROUNDWATER AND SURFACE WATER HYDROLOGY The Pit ties within a thick deposit (approximately 50 -60 feet) of river gravels, formed as a terrace during Pleistocene -age glacial outwash, which is situated on top of a bedrock layer of Upper Cretaceous Mancos Shale (Chen, 1973). Groundwater is currently used as a drinking water source in the Woody Creek area. However, water quality and quantity data for Pitkin County, and the Roaring Fork Valley, is either antiquated (in excess of 20 years), incomplete, or in a form not easily understood (Dunlop, 2000). The nearest perennial surface water body in the vicinity of the Pit is Woody Creek, flowing in a southeast to northwest direction, located adjacent to the northern Pit boundary. Mining activities are separated from Woody Creek by an undisturbed ridge approximately 80 feet above the creek flow line. The Roaring Fork River (flowing in a south to north direction) is located approximately 1,000 feet west of the Pit boundary. Additionally, an unnamed, intermittent stream is located along the east boundary of the proposed Phase 2 expansion area, flowing to the north into Woody Creek. Surface water is known to occasionally pond in the lowest portion (topographically) of the Phase 1 Pit. The pond bottom elevation was measured at approximately 7,345 feet asi during Summer 2000. The source of the standing water has been determined to originate from precipitation and irrigation runoff. In October 1999, Elam commissioned a surface waterfhydroiogic study to further evaluate the standing water. The study compared surface - water inflow (precipitation and irrigation wastewater) to the losses due to evaporation and soil percolation rates at the Pit. The Pit receives seasonal runoff from irrigated lands located upgradient (south and east of the site). The report findings indicate that free standing water may occur In the Pit, with the elevation varying depending upon the time of year (AIC, 1999). The greatest accumulation of surface water occurs in the late spring/early summer months when the Pit receives peak flow from regional snowmelt and irrigation runoff. In addition, the vagnev Pil - WRPP 11 September 1, 2006 9 1-1 aoaL27 1111m � Pit consists of coarse sand and gravel material and accumulation of fine sediment is minimal in the pond. Elam has an on -site groundwater well at the Pit, permitted for industrial and irrigation purposes. The well (46 feet total depth) is located in the northeast corner of the property, near Woody Creek, at a surface elevation of approximately 7,364 feet as]. 3.3 SURFACE WATER PROTECTION As discussed in Section 2.5, erosion prevention and sediment control measures will be implemented to mitigate potential impacts to the intermittent drainage found along the east boundary of the proposed Phase 2 expansion area during mining activities. These measures Will be tailored to site- specific conditions in order to fit the natural topography and minimize disturbance to native vegetation, and may include the installation of ditches, berms, and/or silt fencing. As mentioned previously, all stormwater runoff is contained onsite and no process water or mine water will be discharged at the Pit. Elam will comply with all terms & conditions of their stormwater permits and SWMPs. Elam has collected several samples of ponded water in lowest portion of the Phase 1 Pit since 2000. The samples were laboratory analyzed for Total Petroleum Hydrocarbons (TPH) by U.S. Environmental Protection Agency (EPA) Method 418.1, with the results indicating non - detectable levels of petroleum hydrocarbons in all samples. Elam plans to continue monitoring surface water at the Pit to ensure that potential environmental contaminants (e.g., hydrocarbon compounds and metals) have not migrated across the site and impacted water quality. Samples will be collected when surface water is seasonally available, on a monthly basis. Each sample will be submitted to a qualified analytical laboratory. The samples wig be coflected either by an Elam employee or their designated environmental professional. The surface water sampling procedure is outlined in the attached Water Sampling Protocol (Appendix D). Vagneur Prt— WRPP 12 3ept•mber 1, 2008 L, 0 a xll& 3.4 GROUNDWATER PROTECTION Elam's proposed Phase 2 expansion plans call for the bottom of the Pit excavation to remain at least 2 feet above the uppermost, unconfined, alluvial groundwater aquifer underlying the site. This will insure that groundwater is not exposed during mining and that the potential for adverse water - quality impacts is minimized. The Pit is intended to be "dry"; therefore, no gravel well permits have been applied for, or issued by the State. In the event that groundwater is exposed, Elam has a system in place to mitigate potential impacts_ Elam's excavation personnel will be required to notify the on -site facility manger of the situation and clean, native, nearby fill material will 'immediately be used to cover (with a thickness of not less than 2 feet) the exposed groundwater. Necessary corrections to the Pit survey and grading plans will also be made in order to avoid additional encounters with the groundwater surface. 0 Vagnow Pit— WRPP 13 Saptambx 1.2006 0 V U EM -_ 4.0 SUMMARY Elam is confident that its mining operation at the Vagneur Gravel Pit poses a minimal threat to water resources in the Woody Creek area. The procedures and controls implemented at the Pit to avoid and prevent accidental releases of POL and other potential environmental contaminants are proven to be effective and meet (or exceed) all current regulatory requirements. Additionally, Elam has adopted protocols for accepting and evaluating soils that are brought to the Pit for future reuse in reclamation activities. As a further, voluntary method of demonstrating environmental compliance, Elam will continue to routinely monitor the seasonal surface water quality in the Phase 1 Pit along with the on-site stockpiled soils. By operating the Pit in accordance with all current environmental permits & regulations and by implementing the soil importation procedures explained in Section 2.4 of this WRPP, Elam is confident that the local surface and groundwater resources will be sufficiently protected. Elam will present a summary of its findings from the on -going monitoring activities directly to Pitkin County in the required Annual Operations Report i Vagneur PH - WRPP 14 9eplamber 1, 2006 000030 5.0 REFERENCES Allied Independent Consultants (AIC). 1999. Surface Water / Hydrologic Study for the Vagneur Gravel Pit. Prepared for Elam Construction, Inc. Grand Junction, CO. October. Bryant, Bruce. 1979. Geology of the Aspen 15- minute Quadrangle, Pitkin and Gunnison Counties, Colorado. U.S_ Geological Survey Bulletin 1073. Bryant, Bruce and Martin, Peter. 1979. The Geologic Story of the Aspen Region - Mines, Glaciers and Rocks. U.S. Geological Survey Bulletin 1603. Chen and Associates, Inc. 1973. General Geology and Subsoils at the Sludge Disposal Area near Woody Creek, Pitkin County, Colorado. Denver, CO. October. Colorado Department of Public Health and Environment (CDPHE). 2000. Source Water Assessment and Protection Program Plan, Water Quality Control Division. Denver, Colorado. Dunlop, T.S. 2000. Growth Impacts on Water Quality and Quantity. Memorandum prepared for the Pitkin County Board of Commissioners. Aspen, CO. March. Greg Lewicki and Associates. 2005. Vagneur Pit Development Permit, Pitkin County, Colorado. Prepared for Elam Construction, Inc. Parker, CO. June. OASIS Environmental, Inc. 2000. Water Resource Protection Plan, Vagneur Gravel Pit - Woody Creek, Colorado. Prepared for Elam Construction, Inc. Grand Junction, CO. August i y ��I , ,� ,i ,, . ,�f ;� Va"ut Pit— WHPP 15 September 1. 2006 l( — 000031 APPENDIX A CERTIFICATION OF CLEAN MATERIAL o t �,f -i .q n rl CERTIFICATION OF CLEAN MATERIAL ELAM CONSTRUCTION, INC. VAGNEUR GRAVEL PIT Pitkin County, Colorado 1. , do hereby certify, that to the best of (Name of Company or Individual) my knowledge, the imported material being delivered to the Vagneur Gravel Pit is clean and contains no known toxic or hazardous substances (or wastes). The imported material originated from (Name or Location of Individual lobsite) 1, , also acknowledge that should any (Name of Company or Individual) toxic or hazardous substances (or wastes) be discovered contained within any material delivered to the Vagneur Gravel Pit through our operations, said company or individual will be financially and legally responsible for all activities associated with, but not limited to, qualified personnel and equipment required to perform material sampling/testing and clean up, transportation, and proper disposal of contaminated material at an approved facility. This Certification form shall be completed by the above -named Company or Individual on a job- or project - specific basis for ease of tracking and monitoring purposes by Elam Construction, Inc. Refer also to Elam's Imported Soil Acceptance Protocol dated September 1, 2006 for additional information. By: Name of Company Signature Printed Name Date Title � Z , A 1 J ) II rF � Z , A 1 J ) APPENDIX B IMPORTED SOIL ACCEPTANCE PROTOCOL ,' 31 ELAM CONSTRUCTION, INC. IMPORTED SOIL ACCEPTANCE PROTOCOL VAGNEUR GRAVEL PIT Pitkin County, Colorado Revised September 1, 2006 Elam Construction, Inc. has been accepting inert soil from construction related activities in the area of their Vagneur Gravel Pit operation at Woody Creek since 1997. In order to assure the property remains free from contamination of materials deemed hazardous to the environment, Elam has developed this company policy that establishes acceptance criteria for imported soil: Elam Construction, Inc. will not accept, under any condition, material that knowingly contains: • Hazardous substances or wastes (either listed or characteristic). • Free liquids or sludge. • Solid waste (e.g., tires, branchesAogs, appliances, electronics, scrap woodlsteel, domestic rubbish, construction debris other than steel free concrete and asphalt rubble suitable for recycling, etc.) • Biomedical or infectious wastes. • Petroleum hydrocarbon or antifreeze contamination. • Heavy metals (e-g., cadmium, chromium, lead) or mining -waste contamination above background levels. • Radioactive materials or mill tailings. • PCBs (polychlorinated biphenyls) or pesticides. • Asbestos or asbestos - containing building material (ACM). To insure that all the material delivered to the facility from outside areas is clean and inert from the above listed items. Inert Material, as defined by the State of Colorado Division of Minerals and Geology is "non- soluable and non- putrescible solids together with such minor amounts and types of other materials, unless such materials are acid or toxic producing, as will not significantly affect the inert nature of such solids. The term includes, but is not limited to, earth, sand, gravel, rock, concrete which has been in a 9- hardened state for at least 60-days, masonry, asphalt paving fragments, and other inert solids. Therefore, the following procedure is implemented: 1. The individual or company delivering material to the Vagneur Gravel Pit is required to sign an affidavit certifying that the material is: clean and inert, along with the originating source of the material. This affidavit shall be filled out on a job- or project - specific basis and submitted to Elam's Woody Creek office prior to delivery approval at the Pit (refer to Elam's Certification of Clean Materia$. For example, multiple loads/deliveries may result from a single project or job site; however, only one Certification of Clean Material would be required for the project hauling duration. 2. During the stockpiling process, the facility manager, and those individuals who operate the stockpiling equipment, will conduct constant visual and olfactory analysis of the delivered material on a truck -by -truck basis. At a minimum, the visual evaluation will be utilized to identify the presence of any stained/discolored soils (an Indicator of potential hydrocarbon contamination), hazardous substances, or other solid waste. 3. In the event that contaminated material is suspected, all work in the Immediate area will cease and a qualified individual or company will be contacted by the facility manager. The contracted qualified individual will be responsible for developing and implementing a sampling procedure for the suspected material. Should the preliminary tests show positive for contaminants of hazardous materials, the qualified individual shall prepare, supervise and implement a Remediation and Disposal Plan conducted in accordance with the requirements of the governing regulatory agencies. 4. Elam reserves the right to reject individual loads of material if contamination is suspected, or if the required Certification of Clean Material has not been properly filed with Elam's Woody Creek office. 1 4- / ,��� ����dl .' ��1' ���. �'���` ✓ %, APPENDIX C SOIL SAMPLING PROTOCOL (� � 0 44 , 3 +,�, '0337 ELAM CONSTRUCTION, INC. SOIL SAMPLING PROTOCOL VAGNEUR GRAVEL PIT Pitkin County, Colorado Revised September 1, 2006 To insure that Vagneur Pit soil stockpile samples are properly collected, handled and analyzed, Elam Construction, Inc. (Elam) has implemented the following protocol. Composite samples will be collected from the soil stockpile using decontaminated sampling tools and following standard protocol for environmental sample collection and handling, as described below. 1. Proper sampling equipment includes: stainless -steel spoon and bowl, latex (or Nitrite) gloves, laboratory- supplied pre - cleaned sample jars, sample jar labels, pen and field logbook, laboratory chain -of- custody (CoC) forms, and pre - chilled cooler (using Blue lc(?, or similar). 2. All non - disposable sampling equipment will be decontaminated before and after sampling. Decontamination of sampling equipment will consist of washing with non - phosphate soap (such as Liquinoe or I Alconox and rinsing with distilled water. i 3. At least one composite sample will be taken for each 20,000 cubic yards of soil accepted at Elam's designated site within the Vagneur Gravel Pit. At a minimum, one composite soil sample shall be taken quarterly from the imported soil stockpile. As an example, a composite sample will include collection of soil from at least three separate t locations within the stockpile (3 spots), collected in equal proportion j using the stainless -steel spoon and bowl. The collected soil should be (> 4 homogenized (i.e., sufficiently mixed) in the bowl prior to final ;• placement in the sample jar. . I I0 ' 4. The sample collection date and time, sampler initials, and requested laboratory analyses will be placed on the sample jar label and chain -of- custody (CoC) form. 5. All samples will be placed in a cooler immediately after collection and the inside cooler temperature shall be maintained at or near 4° C (39° F), until delivery to the analytical laboratory. 6. A field logbook will be maintained to document all sampling activities, and all field notes will be entered in permanent ink. The log sheet shall contain the following information: collection date and time, sampler initials, and comments 7. Each soil sample will be submitted for laboratory analysis of the following parameters, on a standard turn - around basis: ANALYSIS METHOD f I Total Recoverable Petroleum Hydrocarbons (TRPH) EPA 418.1 1 I Benzene, toluene, ethvibenzene, and xvlenes (BTEX) EPA 80216 I Total RCRA Metals EPA 6000 & ` 7000 series , 8. The soil samples will be submitted to a qualified testing laboratory via hand delivery or overnight courier (i.e., FedEx). 9. Records of each sampling event, including the CoCs and laboratory report forms, will be maintained at either Elam's Grand Junction or Vagneur Pit offices. 10. In the event that obviously contaminated soil (unusual dark staining or discoloration, petroleum odor, or solid wastes) is identified during the sampling process, all work in the immediate area will cease and the notifi facility manager will be i I �� I � � � i� I .'r'i- o f 0 i iA' J i n / 1 ✓ti r3 J- 11.Analytical laboratory results will be compared to current State (or Federal) standards for allowable petroleum hydrocarbon and/or metals levels. 12. Questions about this soil sampling protocol should be directed to the Property Division Manager in Elam's Grand Junction office (970 -242- 5370). i � �� � ill il '' � I �� ��I� " r� I �I I �l'i e' h �i J e ij.L_ti J 'S U APPENDIX D WATER SAMPLING PROTOCOL 3t,31 ELAM CONSTRUCTION, INC. WATER SAMPLING PROTOCOL VAGNEUR GRAVEL PIT Pitkin County, Colorado Revised September 1, 2006 To insure that surface water in the Vagneur Gravel Pit has not been adversely impacted by mining operations, Elam Construction, Inc. (Elam) has implemented the following protocol for sampling surface water impounded within the floor of the gravel pit. Samples will be collected from the impounded water by Elam personnel utilizing the procedure described below. 1. New, disposable gloves (either latex or nitrile) will be donned before sampling. 2. The water sample will be collected by slowly immersing laboratory- supplied glass bottles and/or vials in the water column, approximately 4 to 6 inches below the surface, if possible. 3. If the glass bottles and/or vials contain laboratory- supplied acid preservation, this material shall not be allowed to flow from the container during sample collection. 4. At least one surface water sample will be collected monthly when seasonally present in pit floor within the Vagneur Gravel Pit. 5. The sample collection date and time, sampler initials, and requested laboratory analyses will be placed on the sample jar label and chain -of- custody (CoC) form. uiyU�42 6. All samples will be placed in a pre - chilled cooler immediately after collection, and transported immediately to the selected analytical laboratory. 7. A field logbook will be maintained to document all sampling activities, and all field notes will be entered in permanent ink. The log sheet shall contain the following information: collection date and time, sampler initials, and comments. 8. Each water sample will be submitted for labrratory analysis of the following parameters, on a standard turn - around basis: ANALYSIS METHOD I Total Recoverable Petroleum Hydrocarbons (TRPH) EPA 418.1 1 Benzene. toluene, ethvlbenzene, and xvienes (BTEX) EPA 8021 M/602 Total RCRA Metals EPA 200 series 9. The water samples will be submitted to a qualified testing laboratory via hand delivery or overnight courier (i.e., FedEx). 10. Records of each sampling event, including the CoCs and laboratory report forms, will be maintained at either Elam's Grand Junction or Vagneur Pit offices. 11.Questions about this water sampling protocol should be directed to the Property Division Manager in Elam's Grand Junction office (970 -242- 5370). 11 10 0 71 2 V i IU0,104B- C: ,X SOUND LEVEL MONITORING PROTOCOL ELAM CONSTRUCTION, INC. VAGNEUR GRAVEL PIT WOODY CREEK, COLORADO JULY, 2006 ♦ Fill in name of person performing monitoring and date performed ♦ Describe weather conditions — (clear, partly cloudy, overcast, etc.) Include temperature, wind speed and direction — This can be obtained from the internet ( www.weather.com) for Aspen, CO. or from the Aspen - Pitkin County Airport automated weather observation at (970) 925 -9168. ♦ Description of pit activities. Describe truck activities — heavy, moderate, light, or none; operation status of crusher, asphalt and concrete plant - continuous, intermittent, or not operating. ♦ Confirm sound level meter calibration. This should be performed each time monitoring is performed. Calibration shall be per manufacturer specification. ♦ Recording of sound levels o Determine location to be tested. See Site Specific Map, or identify alternate locations on monitor form. Sound levels are measured as close as possible to property line. o Turn Sound Level Meter on LOW and 'A' scale. • Hold meter at chest level (this will allow the noise level to be registered nearest the monitor's ear and still be able to read the meter), point the meter towards the noise source within the pit. Allow noise reading to stabilize, this will usually require 15 to 20 seconds, or longer depending on weather conditions. • Record maximum sound level in dB(A) on form. • Record time that each individual test was performed. Include any additional comments that may be relevant. (example: may be increase of background noise that does not originate from the Vagneur Pit, gusty wind, etc.) Frequency of monitoring: • Initial startup or major adjustments to equipment and/or operations — monitoring shall occur on a weekly basis for four (4) consecutive weeks. • Normal operations (beyond initial startup or adjustments) — monitoring shall occur on a monthly basis. • Sound level monitoring is not required during months on non - operation (winter) Noncompliance of maximum allowable sound levels: • The Special Use Permit for the Vagneur Gravel Pit states a maximum allowable sound level of 55dB(A) at the property line. • Determine basis for non - compliance. If source of sound originates from gravel pit, notify Aspen Area Manager or Elam Property Manager. Increased monitoring (daily for 5 consecutive working days) is implemented to confirm possible noncompliance. If noncompliance is confirmed through daily reports, corrective action must be taken to bring operation into compliance with maximum allowable sound levels. r�(� ,� 1i 0 ��/ , �' y �. UU1 SOUND LEVEL MONITORING REPORT ELAM CONSTRUCTION, INC. VAGNEUR GRAVEL PIT WOODY CREEK, COLORADO Monitored By: Weather Conditions: Wind: Direction Description of Pit Activities: Speed Sound Level Meter Calibration Checked: Date: Temperature yes _ no LOCATION dB(A) TIME � 1 2 3 4 5 6 7 8 9 10 11 Other Other See Site Specific Map for monitor location points General Comments: COMMENTS 0 01 01 I Ell ctwN, IKC. M COIASfRU E1 A VAG C; O%-(:) VkAD O SPUN ogVE MOIA�pFt�NG t/• . H • "" P " woor cu' . yKw or to V 30 5 ;_�..:..:,,;t '` .1. .sue VEOC. `• 3 G°' 1, r, r G u!!A'rtC t , t 1 t t t K� �s " rte 9 i • A 10 Al I A I E SU�� Nom' . ✓;' G� ( y •E+L Nv P�0 y�yGyt � J t ! M7oW OF J J 0 _® CONSTRUCTION, INC. 556 Struthers Avenue Grand Junction, Colorado 81501 -3826 (970) 242 -5370 FAX (970) 245 -7716 August 27, 2009 Mr. Mike Kraemer Pitkin County Community Development 130 South Galena St. Aspen, CO 81611 RE: Landscape Design Map for the Vagneur Pit. Parcel I.D. 2643- 161 -02 -010. Mike, As directed by the Board of County Commissioners during a hearing on August 12, and incorporated into Condition 22 of the recently adopted resolution, I have had a landscape plan prepared by a professional landscape architect with the firm of 1BK Landscape, Inc. This plan provides for mitigation of the visual impact due to removal of the hillside within the Phase 2 mining area. During the design of the landscape map, careful consideration was given to gaps in the existing trees between the Braun residence and the Phase 2 expansion, which were identified in the Lewicki and Associates report dated August 2009. Attached, for your review, is a copy of the Landscape Design Map along with a plant list with a description of the plantings, quantity, proposed size at planting, and the mature size of the plant material. Once approved, Elam will solicit bids for supplying and planting the material according to the plan. Although we would like to commence work yet this fall, the planting schedule will be driven somewhat by availability of plants and scheduling to perform the work. Elam will commit to complete the approved landscape plan by the end of 2010. Please keep in mind that the landscape contractor will have equipment on site necessary to excavate areas to plant the trees. This equipment could include, but not be limited to a backhoe, dump truck, water truck and a tree spade. Any excess material from planting the trees will be removed from the new landscape area and placed within the Phase 1 mining area. Finally, should any of the plants listed be unavailable, a similar plant may need to be substituted. This substitution will be done with the recommendation and approval of the Landscape Architect, with notification of such provided to Community Development. Any plant substitution will not decrease the number of approved plantings. Please contact me at (970) 242 -5370 or 8avle .lvmariPelamconstruction.com if you have any questions. Submi ed By: (Gayle L. L an Proper ivision Manager enclosure ®' CONSTRUCTION, INC. .J 556 Struthers Avenue Grand Junction, CO 81501 -3826 (970) 242 -5370 Fax (970) 245 -7716 September 9, 2009 Mr. Mike Kraemer Pitkin County Community Development 130 South Galena St. Aspen, CO 81611 RE: Landscape Design Map for the Vagneur Pit. Parcel I.D. 2643 - 161 -02 -010. Mike, Based on Staff comments, the proposed Landscape Plan has been modified to remove the Saskatoon Serviceberry and Native Chokecherry and replace them with Rocky Mountain Maple and Curlleaf Mountain Mahogany respectively. Please find attached, a revised plant list and Landscape Design Map. Please contact me at (970) 242 -5370, (970) 260 -9902 or Ravle .lvmanPelamconstruction.com if you have any questions. Submitted By: ( Gayle L ,`yman y Property Division Manager enclosure Jbc JnK landscape, Inc. 1250 South Chambers Road Aurora, Colorado 80017 (301) 751.0192 Plant List Fax (30-3) 368 -1509 Elam Construction Vagneur Pit Mitigation 9 Curlleaf Mountain Mahogany #5 -A large shrub or small tree with a loose, rounded habit. Small, narrowly 10 - 25' 10 - 20' oval leaves are a dark, lustrous green, curling inward when extreme drought conditions exist. Small cream to yellowish flowers in early spring produce seeds with curled, feathery tails. *Mature sizes and descriptions based upon information provided by Little Valley Wholesale Nursery. Y W I "`) Common Name Proposed Size Mature Size 5 Narrowleaf Cottonwood #15 / 1 1 /4" cal. (10 - 12') Height Spread - Slender branches form a dense, upright oval to a pyramidal tree. 30 - 50' 20 - 30' Will sucker in most situations. Lone narrow, willow -like leaves are bright green becoming rich yellow during autumn. 12 Aspen #10/ (10') - Slender, twiggy branches create an open oval tree that often suckers 25 - 50' 20 - 30' to develop dense colonies. Waxy, white to greenish bark is smooth becoming brownish -black as it matures. Green, triangular leaves rustle in the breeze, turning golden in the fall. 9 Ponderosa Pine B & B 5' - Long, slender, light green, often yellowish needles are loosely arranged 60 - 80' 30 - 40' on open, spreading branches to form a large pyramidal crown. The plated bark is cinnamon red to dark brown. Broad, ovoid cones are shiny, reddish - brown, and prickly. 9 Colorado Spruce B & B 5' - Deeply grooved, grayish -brown bark and stout horizontal branches 40 - 60' 20 - 30' clothed by short, stiff needles ranging from green to silvery blue create a dense, broad pyramidal conifer. Oblong oval cones are pale green ripening to light brown. 14 Rocky Mountain Juniper #15 / 5 1 /2 - 8' 6' avg. - A pyramidal to upright rounded juniper with stiff spreading branches 20 - 30' 8 - 12' and shredding, reddish -brown bark. Scaly foliage ranges from green to gray. Globular, waxy, dark blue fruits consist of a sweep tasting pulp. 7 Rocky Mountain Maple #5 - Smooth ashy -gray branched and five - lobed, dark green leaves form a 10 - 20' 10 - 15' a small tree or large shrub with an upright, oval crown. Fall foliage turns rich yellow with rose highlights. Winged seeds turn green to rose during late summer. 9 Curlleaf Mountain Mahogany #5 -A large shrub or small tree with a loose, rounded habit. Small, narrowly 10 - 25' 10 - 20' oval leaves are a dark, lustrous green, curling inward when extreme drought conditions exist. Small cream to yellowish flowers in early spring produce seeds with curled, feathery tails. *Mature sizes and descriptions based upon information provided by Little Valley Wholesale Nursery. Y W I "`) U 'k. 5 e Are 2 mi ioM.�t'4� r C J 3 W I— *� 2 ao z U F1 d Irk C. � o m v a O C O cc L C W h- f 1 t'',k. ' 11 d cu NA N C O .. O, t N C O U 'k. 5 e Are 2 mi ioM.�t'4� t N y jai 'C' • p . �p O 111 C. AA r * 'as • , - tp O.'0. • C G j. N a , c O e 02 cG U O Q (0 w WA - U o � ' �► � ,�t'�' .�; a : �'.y ._ i :'vvl " .,, }.ssa:,�amsa..�gw, " it • � ,; ��+T r t t, " *''f�':.�•' fi _,. � +z�`1 �'�f�c` 4 .+4�t` w,