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HomeMy WebLinkAbout12 Elam Staff Memo-04-26-2017MEMORANDUM TO: Pitkin County Board of County Commissioners THRU: Cindy Houben, Community Development Director FROM: Mike Kraemer, Planner SUBJECT: Elam Construction, Incorporated, Special Use Permit Annual Review for the 2016 Operating Season DATE: April 26th, 2017 SUMMARY: On October 11, 2006, the Board of County Commissioners approved a 16 acre expansion and a 20 year extension of the Special Use Permit for the Elam Construction, Sand and Gravel Pit and Asphalt/ Hot Mix/ Concrete Plant pursuant to BOCC Resolution No 129-2006 (Rec. No. 530725). This expansion area is called Phase 2. As a condition of this permit, the County required an annual public hearing for the operator to demonstrate compliance with the conditions of the permit, for the County to require corrective measures or to impose new conditions, and to provide an opportunity for citizen comment on the operations. This 2006 approval was subsequently vacated by a judicial proceeding and remanded to the BOCC for further findings due to the presence and unaddressed impact to a residence owned by the Brauns that exists 480' from the expansion area (District Court Order Case Number P06 CV 230). In 2009, the BOCC heard the request for an expansion of the Vagneur Pit and to maintain the terms of the operation for 20 years. This resulted in BOCC Resolution No. 052-2009 (Rec. No. 563795) which granted approval of the request, specifically addressing District Court Order Case Number P06 CV 230. BOCC Resolution made specific findings regarding a 1000' setback requirement from the residence that was reduced to 480' from the expansion area. Resolution No. 052-2009 required additional items be addressed at the annual review for Phase 2 of the operation. The pit received two separate BOCC approvals in 2012. Due to multiple paving projects awarded to Elam in 2012, the Applicant requested that the approved mining method in the expansion area be amended so that mining could occur at a faster rate. Specifically, the Applicant requested to use a larger dozer and track hoe to mine material at a faster rate. The BOCC approved this amendment pursuant to BOCC Resolution No. 36-2012 (Rec. No. 588258). The Applicant has also received 5 year Special Review approval for a commercial snow dump operation, pursuant to BOCC Resolution No. 130-2016. The Elam 5 year snow dump permit expires at the conclusion of the 2021 winter. APPLICANT: Elam Construction, Incorporated. APPLICANT'S REPRESENTATIVE: Jon Mueller LOCATION: Elam Construction Sand and Gravel Pit and Asphalt/Hot Mix/ Concrete Plant, 7911 Upper River Road, Woody Creek. ZONING: RS-20. PROCESS: This review is to assess Elam's year 2016 compliance with the standards set in Resolution No. 0052-2009 and last year's annual review approved pursuant to BOCC Resolution No. 016-2016. REFERRAL COMMENTS: This item was referred to the Woody Creek Caucus and the Environmental Health Department (EH). Woody Creek Planning Commission Comments can be viewed as Attachment A. EH comments can be viewed as Attachment B. ANNUAL REVIEW CRITERIA: Resolution 052-2009 requires review of the following: 1) Condition 5A - Submit a drainage plan for the eastern edge of the Phase 2 mining area. Staff Response: This has been done and approved by the Planning Engineer in 2010. 2) Condition 18 states: "The Applicant shall control dust to be substantially the same or less than 14.0 ,uglcu. 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". Staff Response: Staff did not receive any dust complaints in 2016. Staff has no reason to believe that watering of the haul roads is not occurring. 3) Condition 19 states: "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 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) ". Pursuant to BOCC Resolution No. 36-2012 (Rec. No. 588258), the following language was added to condition # 19 of BOCC Resolution No. 052-2009: A. The Applicant shall be allowed to mine material in Phase 2 expansion area using the following machines: 1. One (1) Cat 345 B Track hoe and three (3) Volvo A30 rock trucks; Or 2. One (1) Cat 966 loader and one (1) Cat D9.NDozer. B. The following stipulations shall apply to these machines to ensure that the 48dB(A) noise level at the residence that is 480' from the Phase 2 expansion area is not exceeded: Page 2 of 6 1. When using the Cat 345 Track Hoe, the middle of the radiator of the machine shall always be a minimum of 9.5 vertical feet from the top of the natural berm, as the excavation moves toward the north limit of the permit area. 2. When using the Cat 966 Loader, the middle of the radiator of the machine shall always be a minimum of 18 vertical feet from the top of the natural berm, as the excavation moves toward the north limit of the permit. 3. When using the Cat D9 Dozer, the middle of the radiator of the machine shall always be a minimum of 47.8 vertical feet from the top of the natural berm, as the excavation moves toward the north limit of the permit. These numbers were calculated using the best engineering methods to obtain the required limit of 48 d(B)A at the residence 480' from the Phase 2 expansion area. If later measurements show that the estimates are inaccurate, the Cat 966 or the Cat D9 machines could move up or down slightly to ensure that the 48 d(B)A threshold is not exceeded at the subject residence. Staff Response: Staff has been on site and viewed the expansion area and the "berm". Staff has no reason to believe the loader and track hoe are not being used at the approved elevation level. The Applicant has tested noise at Elam property lines in accordance with the County approved monitoring protocol. The noise test results are affixed to the application. The maximum dB(A) at the property line for the Elam operation is 55 dB(A). Many test results showed that readings were in compliance with the 55dB(A) requirement. Some test results, specifically in the months of September and November, exceeded the 55dB(A). The Applicant states that some of the elevated noise readings are attributable to faulty equipment in the asphalt plant, and to date, the problem has been remedied. The remaining tests were in compliance with the 55 dB(A} requirement at the Elam property line. Staff did not receive any noise complaints in 2016. Elam representatives will be available at the hearing to speak to this aspect of the review. 4) Condition 20 states: "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". Staff Response: It is evident this is occurring. 5) Condition 21 states: "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". Staff Response: It is evident this is occurring. BOCC Resolution 016-2016 also required the following action items from previous years: Page 3 of 6 Condition 3 states: The Applicant shall continue to implement the thistle and noxious weed elimination plan. This applicator of the herbicide shall be licensed and avoid spraying near waterways, drainage courses, and ditches. The applicator shall abide by State of Colorado and Pitkin County regulations regarding use of specific herbicides Staff Response: Staff conducted a site visit at the pit on April 17th, 2017. No thistle was present. The Applicant has stated that noxious weeds continue to be sprayed by a licensed applicator. Condition 4 states: The truck parking area adjacent to the RV parking area shall have no more than 12 trucks parked on site, at one time, and there shall be no more than 12 plug-in block heaters. Idle time shall be limited to the length of time necessary to properly prepare the vehicle for use. Staff Response: The Applicant is aware of this requirement and Staff is unaware of any violation of this requirement. Condition 5 states The Applicant shall continue to monitor soil and water pursuant to Resolution No. 52-2009 and Resolution No. 105-2000 with monthly tests conducted on the standing water in the pit through October 2016, and the results shall be submitted with the 2016 annual review. The Environmental Health Department shall review the sampling process. Staff Response: The Applicant has submitted these test results for soil and water monitoring. The Environmental Health Department has reviewed these results. All test results are in compliance with adopted threshold and monitoring standards. Condition 6 states: For the 2016 mining season, mining shall not occur any closer than 700' from the Braun residence located at 0401 Woody Creek Road. The measurement shall be linear and be taken from the closest point of the main residence to the Phase 2 mining area. Prior to any mining by the Applicant past the 1,000' setback line which was surveyed and staked in the field in 2015, the Applicant shall survey, stake, and mark with colored, flagging the 700' setback line from the Braun residence. Staff Response: The Applicant has demarcated the 1,000' setback from the Braun residence in the Phase 2 expansion area of the pit. The Applicant has stated that the 2016 mining season did not generate enough demand for Elam to mine near the 700' distance from the Braun residence. The Applicant has stated that because of this lack of demand for aggregate, the 700' distance was not demarcated on the property and mining did not approach this distance. Elam does not anticipate large demand in 2017, and therefore, mining in the Phase 2 area will again potentially be limited, and may not approach this distance. Staff has not carried forward this condition into the 2017 draft resolution, however, the BOCC may want to discuss with the Applicant this aspect of annual review. Condition #8 states: For the duration of 2016, Elam shall continue discussions and conduct meetings with Pitkin County Staff and the Brauns regarding a master plan for the Elam property. A master plan would be generated by Elam that includes, but is not limited, to the following: A. Development of a post mined land use of the property. This will involve exploration and analysis of alternatives for Elam to consider the highest and best possible uses that are Page 4 of 6 compatible with both the Pitkin County Land Use Code and the Woody Creek Master Plan. Selected alternative(s) will be presented to the Woody Creek Caucus for consideration and for possible incorporation into the Woody Creek Master Plan; B. Final grading and concept landscaping plans and scenic perspectives, from Highway 82 and locations within Woody Creek including the Braun residence; C. Exploration of a conservation easement on the property (specifically on the North side of the property), provided the conservation easement is compatible with highest and best use alternatives presented in the Plan; D. Exploration and consideration of leaving a natural berm on the north side of the currently approved mining boundary, feasibility yet to be determined; E. Analysis of the potential for substitution of gravel deposits to the South of the Elam property thereby increasing the mining boundary from the Braun residence beyond the currently approved 480' setback. If feasible and agreed upon, then amendment applications would be made to the mining boundary; F. If the master plan is completed by January 15, 2016 it shall be provided to the BOCC for consideration at the 2016 Annual Review hearing. Staff Response: The Applicant has submitted a post mining development plan for the Elam property (Appendix C in Applicant's submittal). The Elam property is located within the AR-10 Zone District and the plan shows the subdivision of this property into nine (9), approximately 10-13 acre residential lots. This plan is conceptual and further County review, including BOCC and Planning and Zoning Commission Review, would occur prior to approval. Given the life span of the pit, the existing approvals in place for the Elam mining operation, and the reclamation requirements of the State of Colorado and Pitkin County, a residential subdivision is a long term future use (20 years or more) of the Elam property. Staff recommends that the BOCC carry forward this condition and encourage the Applicant to further explore other aspects of a potential master plan for the Elam property. The Applicant will have a representative at the hearing to potentially speak to the other aspects of this condition of the 2016 approval. TREES AND LANDSCAPING: In 2009 at the time of the Phase 2 expansion request, landscaping was required to be planted and maintained on the north side of the Phase 2 mining area. Since 2009, the landscaping has failed and was required to be replanted. During the 2015/2016 Annual Review, the BOCC adopted conditions that specifically outlined a tree planting plan, watering schedule, and replacement procedures that were required should the landscaping fail. Staff has monitored the landscaping and conducted a site visit in the fall of 2016 to view the health of the trees. At that time, Staff observed that landscaping was thriving with the exception of one (1) ponderosa pine that did not survive and was dead/dying. Staff conducted an additional site visit on April 17th, 2017 to view the landscaping and observed that the Applicant had replaced the dead tree. All other landscaping appeared to be alive. Staff will conduct future site visits to view the required landscaping and document any dead/dying vegetation. RECOMMENDATION: Staff recommends that the Board approve the following motion, "accept the Elam annual report for 2016 operations", subject to the draft resolution. Page 5 of 6 ATTACHMENTS: A. Woody Creek Caucus Planning Commission Referral comments B. EH Department comments Page 6 of 6 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING ANNUAL REVIEW APPROVAL TO THE ELAM GRAVEL PIT SPECIAL REVIEW PERMIT Resolution No. -2017 RECITALS 1. By Resolution No. 88-47, the Board of County Commissioners of Pitkin County, Colorado (BOCC), granted a special review use permit to Elam Construction, Incorporated (Applicant) for the Elam Sand and Gravel Pit and Asphalt /Hot Mix/Concrete plant. Legal Description, Attachment A. 2. By Resolution No. 99-69, the BOCC extended the special review approval for 10 years, until April 14, 2009. 3. By Resolution No. 129 -2006, the BOCC permitted an expansion of the pit and an extension of the permit for 20 years, until 2026. This Resolution was subsequently vacated by judicial proceeding pursuant to District Court Order Case Number P06 CV 230 and remanded to the BOCC for further findings. 4. On March 25, 2009, the BOCC amended Resolution No. 99-69 to extend its expiration date to allow Elam operations to continue. 5. Resolution No. 99-69 requires an annual review of the Elam operations at a public hearing for compliance with all terms and conditions of the resolution and subsequent resolutions. 6. Resolution No. 052-2009 approved the Phase 2 expansion and an extension of the permit for 20 years. BOCC Resolution No. 36-2012 (Rec. No. 588258) approved an amendment to the mining sequence at the pit. 7. On April 26th, 2017, the BOCC held a public hearing for the annual review of the Elam Sand and Gravel Pit Special Review Permit for the operation year of 2016 where members of the public had opportunity to voice their comments. 8. The BOCC has determined that the Applicant has been operating in compliance with the terms of Resolution No. 99-69, Resolution No. 052-2009, and Resolution No. 016-2016. 9. The BOCC further determines that the Applicant has satisfied the requirements of BOCC Resolution No. 052-2009 and BOCC Resolution No. 016-2016. Page 1 of 4 NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Pitkin County, Colorado, hereby accepts the Elam Construction, Incorporated 2016 Annual Review Report and requires the following measures in order to find Elam in compliance with terms and conditions of approval: 1. All material representations made by the Applicant in the application, in subsequent correspondence, and at the public hearing shall be adhered to and considered conditions of approval. 2. The Applicant shall continue to be bound by all conditions of Resolution No. 99-69 and Resolution No. 052-2009, as amended. 3. The Applicant shall continue to implement the thistle and noxious weed elimination plan. This applicator of the herbicide shall be licensed and avoid spraying near waterways, drainage courses, and ditches. The applicator shall abide by State of Colorado and Pitkin County regulations regarding use of specific herbicides. 4. The truck parking area adjacent to the RV parking area shall have no more than 12 trucks parked on site, at one time, and there shall be no more than 12 plug-in block heaters. Idle time shall be limited to the length of time necessary to properly prepare the vehicle for use. 5. The Applicant shall continue to monitor soil and water pursuant to Resolution No. 52-2009 and Resolution No. 105-2000 with monthly tests conducted on the standing water in the pit through October 2017, and the results shall be submitted with the 2017 annual review. The Environmental Health Department shall review the sampling process. 6. The term "camper" in Condition #8 BOCC Resolution 052-2009 shall mean a recreational vehicle used for short term housing for an Elam employee who lives in the recreational vehicle for the duration of a mining season. Mobile home structures near the southern property boundary shall not be used for habitation. 7. For the duration of 2017, Elam shall continue discussions and conduct meetings with Pitkin County Staff and the Brauns regarding a master plan for the Elam property. A master plan would be generated by Elam that includes, but is not limited, to the following: A. Development of a post mined land use of the property. This will involve exploration and analysis of alternatives for Elam to consider the highest and best possible uses that are compatible with both the Pitkin County Land Use Code and the Woody Creek Master Plan. Selected alternative(s) will be presented to the Woody Creek Caucus for consideration and for possible incorporation into the Woody Creek Master Plan; B. FinaI grading and concept landscaping plans and scenic perspectives from Highway 82 and locations within Woody Creek including the Braun residence; Page 2 of 4 C. Exploration of a conservation easement on the property (specifically on the North side of the property), provided the conservation easement is compatible with highest and best use alternatives presented in the Plan; D. Exploration and consideration of leaving a natural berm on the north side of the currently approved mining boundary, feasibility yet to be determined; E. Analysis of the potential for substitution of gravel deposits to the South of the Elam property thereby increasing the mining boundary from the Braun residence beyond the currently approved 480' setback. If feasible and agreed upon, then amendment applications would be made to the mining boundary; F. If the master plan is completed by January 15, 2017, it shall be provided to the BOCC for consideration at the 2017 Annual Review hearing. 8. Condition #8 of BOCC Resolution No. 052-2009 requires that only one (1) employee and his family may remain onsite at the pit year round for security. Elam has represented that from time to time, two (2) RV campers may be located at the pit so that two (2) employees can split time monitoring the pit for security. Two (2) employees are needed so that when a security employee has a day off, coverage can still be maintained. The BOCC acknowledges that this is acceptable. Page 3 of 4 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON March 23rd, 2017. APPROVED AND ADOPTED ON THE 26th DAY OF APRIL, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Deputy Clerk and Recorder By George Newman, Chair Date APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely County Attorney PID#: 264316102010 P014-17 Cindy Houben Community Development Director Page 4 of 4 41.1 rATTACHMENT t,Etupe W Michael Kraemer<michael.kraerner@pitkincounty.com> (no subject) 2 messages W-C Caucus <caucus81856@gmail.com> Wed, Apr 12, 2017 at 2:34 PM To: Michael Kraemer <Michael.Kraemer@pitkincounty.com> Elam Gravel Pit Review (CASE P014-17; PID 2643-161-02-010) The Woody Creek Caucus District Planning Commission has met with Jon Mueller from Elam, and have considered the subject application, and we have the following comments: We heard many positive compliments from members of the Woody Creek Caucus regarding Elam's efforts to be a good neighbor. It is important that Elam continue its aggressive efforts to contain dust and noise pollution, as it has done in the past. There was some concern about danger from the gravel trucks as they traveled from Mclain Flats along Smith Hill Way. At times, the trucks did not come to a complete stop at the bottom of the hill. There was concern expressed about the herbicides used to kill weeds on the gravel pit property. Bill Dinsmoor was gathering names of Caucus members and nearby residents who wanted to sign up for water well testing, This would provide useful information in the event of any future pollution from the gravel pit operations and from snow dumping operations at the pit. MEMORANDUM To: Mike Kraemer, Planning Department From: Kurt Dahl, Environmental Health Department Date: April 18, 2017 Re: EIamfVagneur Gravel Pit Annual Review (2017), (Case P014-17; Parcel ID #2643-161-02-010) SUMMARY OF RELEVANT PARTS OF APPLICATION: Elam Construction Inc. has submitted an application for their annual review for the operation at the Vagneur pit. DISCUSSION: The Pitkin County Environmental Health Department has reviewed the details of the 2016 Annual Construction Activities for the Vagneur Gravel Pit under the authority of the Pitkin County Land Use Code and the Pitkin County OWTS Regulation. Resolution No. 052-2009, "Approving the Elam Construction, Inc. Special Review to Expand the Vagneur Pit," outlines conditions of approval. A site visit was conducted on April 18, 2017 with Mike Kraemer, Pitkin County Community Development Department, Suzanne Wolff, Pitkin County Community Development Department, Kurt Dahl, Pitkin County Environmental Health, and Elam Construction staff. --- WATER SUPPLY: Bottled water for drinking is brought in for employees. Water is hauled in from Mid -Valley Metro for plumbing within the office trailer. There is a well (Colorado Division of Water Resources Well Permit Number 41824-F-R) an the lower part of the property, but is used for dust suppression; no potable uses. The well is permitted for pumping that shall not exceed 230 GPM and use is limited to industrial and irrigation purposes. --- SEWAGE TREATMENT AND COLLECTION: Onsite Wastewater Treatment System (OWTS) Permit 89018 is for the office building and documents a system was approved for 6 employees. This system consists of one 1000 gallon tank and two deep gravel trenches totaling approximately 100 square feet of absorption area. OWTS Permit 98063 is for the RV camping area and documents the system was approved for use by 20 RV units during summer months. This system utilizes a 2000 gallon tank installed in 1998 and one existing 1250 gallon tank with effluent distributed via a distribution box to 8 deep gravel trenches for a total of 1820 square feet of absorption area. The area over the soil treatment area has adequate vegetative cover, and large boulders were placed around it to prohibit vehicles from driving over the area. Printed on Recycled Paper 1 The OWTS serving the RV Camp previously consisted of 3 separate tanks. The third tank in series was found to be leaking at the 2014 inspection. Based on the current OWTS Regulations, the total tank capacity of the system was oversized and the system would still meet the sizing requirements if the leaking tank was removed. Elam decided to abandon the leaking tank "in - place" instead of repairing it and a letter from CBO, INC, dated April 26, 2015, indicated the tank was properly abandoned and the effluent filter from that tank was installed on the outlet of the second tank. --- AIR QUALITY: The Environmental Health Department did not receive any air quality complaints in the last year. Emissions Permits issued by the Colorado Department of Public Health and Environment include: X610 Crusher: 97P00820 V-755 Asphalt Plant: 09P11168 Vagneur Pit: 13P1388-5 --- NOISE: The Environmental Health Department did not receive any noise complaints in the last year. Elam does have a noise sampling protocol and performs daily readings at the northern most points of the property. Elam staff has previously confirmed in conversation that the company's noise meter is calibrated each year. The application indicates 2 noise readings that exceeded the 55 dB(A) requirement. The exceedances occurred at site 2 in September (58.3 dB) and site 4 in November (55.6 dB). Both sites are along the southwest property line and on the opposite side of the property from the Braun Residence. --- WATER RESOURCES: The area of the pit used for snow dumping in the winter is on a reclaimed area on the north end of the pit and is permitted separately from the annual review. Elam has developed a protocol for sampling both soil and water as part of Elam's Water Resource Protection Plan. Soil Sampling: One composite sample is taken for each 20,000 cubic yards of soil. The soil is tested for the following constituents: • Total Recoverable Petroleum Hydrocarbons (TRPH) • Benzene, toluene, ethylebenzene, and xylenes (BTEX) • Total RCRA Metals Water Sampling: Printed on Recycled Paper 2 Water samples are taken from surface water within the floor of the gravel pit. The water is tested for the following constituents: • Total Recoverable Petroleum Hydrocarbons (TRPH) • Benzene, toluene, ethylebenzene, and xylenes (BTEX) • Total RCRA Metals Records of the samples were reviewed and all of the results were in compliance with the allowable applicable standards. Recommendation: This Department has no objection to continued operation, including minor amendments. Printed on Recycled Paper 3 SAND & GRAVEL January 27, 2017 Mr. Mike Kraemer Pitkin County Community Development 130 South Galena St. Aspen, CO 81611 RE: Resolution No.'s 99-69, 052-2009, and 016-2016 Vagneur Gravel Pit Annual Report. Parcel I.D. 2643-161-02-010. Mike, As specified in the Pitkin County Pre -Application Conference Summary please see the following attachments for the "Annual Review for the 2016 Elam Construction Activities" • A check #162928 in the amount of $2,109.00 for the application fee • Pitkin County Pre -Application Conference Summary Sheet • Signed Fee Agreement • List of property owners within 300' of subject Property • Site Vicinity Map • Parcel Legal Description • Proof of Property Ownership • 5 copies of Annual Report (bounded) / one (1) unbound copy Please contact me at (970) 242-5370 or jon.mueller@elamconstruction.com if you have any questions. Submitted By: Jon Moeller Environmental Compliance Coordinator Elam Construction, Sand & Gravel enclosure 00000l o('Las— PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY LOCATION: Elam Gravel Pit, 7943 Upper River Road PID# 264316102010 OWNER: Elam Construction Inc. ZONING: RS-20 ACRES: 107 REPRESENTATIVE: Jon Mueller PHONE: 970-260-9902 EMAIL: Jon.Muellergelamconstruction.com DATE: January 18, 2017 PLANNER: Mike Kraemer, 920.5482 Type of Application: Annual Review for the 2016 Elam Construction Activities Description of Project/Development: The Applicant is requesting to submit the Elam Annual Review pursuant to BOCC Resolution No's. 99-69, 052-2009, and 016-2016. Land Use Code Sections to be addressed in letter of request (application): See BOCC Resolution No.'s 99-69, 052-2009, and 016-2016 Staff will refer the application to the following agencies: Woody Creek Caucus and EH/NR Review by: BOCC Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(aX3) of the Land Use Code. In addition, the Applicant shall mail notice (by IS` Class mail) to all property owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community. FEES: $2,109 (make check payable to "Pitkin County Treasurer") ■ Planning Office flat fee: $1,248 (non-refundable; based on 4 hours of staff time for review); if staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $325/hour) o Public Notice Fee: $54 o BOCC Clerk Fee: $375 o EH Fee for Annual Review: $432 To apply, submit 5 copies (l unbound) of the following information, unless noted otherwise: I . Summary letter explaining the request. providing background on prior approvals and permits, and addressing compliance with the resolutions listed above. 2. Proof of ownership of subject property; 3. Parcel description. including legal description and vicinity map; 4. Total fee for review of the application; 5. Signed fee agreement (1 copy); 6. Consent from owner(s) to process application and authorizing the representative (I copy) 7. List of all property owners within 300' of the subject property (1 copy) 8. Copy of this pre-app form 000002 NOTES: D PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. • ALL MAPS SHALL BE FOLDED. D. This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000003 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and Elam Construction (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Annual Review for 2016 Elam Construction Activities at the Vagneur Pit located in Woody Creek, Colorado ,(hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2015 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. S. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ 1248 which is based on 4 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Elam Construction ("APPLICANT") Cindy Houben Community Development Director By: Jon Mueller , Compliance Director Print Name and Title (if applicable) Date: 01 /27/2017 Mailing Address: 556 Struthers Ave Grand Junction, CO 81510 00000L} Pitkin County Mailing List of 300 Feet Radius From Parcel: 264316102010 on 01/27/2017 p1'KIN COUNT Instructions: This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. Disclaimer: Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate. but the accuracy may change. Mineral estate ownership is not included in this mailing list. Pitkin County does not maintain a database of mineral estate owners. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. Ittp /lwww pitkinmapsandmore com 000005 TOPPINO JON PAUL 10250 CONSTELLATION BLVD #2770 LOS ANGELES, CA 90067 CRAIG KATHLEEN 15 WYANTENUCK ST HOUSATONIC, MA 01230 WOLKOFF STEPHANIE WINSTON 791 PARK AVE #2A NEWYORK. NY 10021 B WILLSON ENTERPRISES INC PO BOX 82 WOODY CREEK, CO 81656 BRAUN WILLIAM & GAIL PO BOX 337 WOODY CREEK, CO 81656 WESTERN MOBILE NORTHERN INC ASPEN FIRE PROTECTION DISTRICT PO BOX 3609 420 E HOPKINS AVE GRAND JUNCTION, CO 81502 ASPEN, CO 81611 PATRICK KEVEN L. PO BOX 608 WINSTON GORDON R 516 CROSS RIVER RD WOODY CREEK, CO 81656 KATONAH, NY 10536 BATINKOFF RANDALL M DINSMOOR WILLIAM & JANE 516 CROSS RIVER RD PO BOX 121 KATONAH, NY 10536 WOODY CREEK, CO 81656 MANAUS FUND PO BOX 2026 WOODY CREEK CTR CONDO ASSOC 0002 WOODY CRK PLAZA CARBONDALE, CO 81623 WOODY CREEK. CO 81656 PITKIN COUNTY 123 EMMA RD #204 BASALT, CO 81621 ASPEN RACING & SPORTS CLUB LLC BOWERS THOMAS J 520 E COOPER AVE #230 614 E DURANT AVE ASPEN, CO 81611 ASPEN. CO 81611 MILLER SCOTT C & CATHY J 185 RIVERSIDE DR BASALT. CO 81621 BOUMAN DAVID PO BOX 594 WOODY CREEK, CO 81656 WOODY CREEK DEVELOPMENT CO 6804 2ND ST LUBBOCK. TX 79416 KEATING LEE A 614 E DURANT AVE ASPEN, CO 81611 QUINTANA DANIEL FLYNN EDWARD H PO BOX 664 105 WOODY CREEK PLAZA WOODY CREEK CO 816560664 WOODY CREEK, CO 81656 MOONEY MAUREEN JULIENNE BROWN COLLEEN M BOX 401 405 AABC #D WOODY CREEK, CO 81656 ASPEN, CO 816113543 SAUCED() JOSE HUGO VILLALOBOS JUAN ANTONI ECKARDT DAVID W PO BOX 91 PO BOX 342 PO BOX 457 WOODY CREEK. CO 81656 XRILL GARY G & DORIS AUDREY PO BOX 143 WOODY CREEK. CO 81656 WOODY CREEK, CO 81656 WOODY CREEK. CO 81656 ROLAND ANNE S PO BOX 9968 WAGNER MONA LISA PO BOX 453 ASPEN. CO 81612 WOODY CREEK, CO 81656 000006 VOLCKHAUSEN WILUAM THUILLIER ROBERT P PO BOX 216 PO BOX 392 WOODY CREEK, CO 81656 SCHLEIN RICHARD PO BOX 44 WOODY CREEK, CO 81656 COLANERI JUDITH LUCIA PO BOX 8653 WOODY CREEK, CO 81656 LIEBMANN LEE M PO BOX 10 WOODY CREEK, CO 81656 WOODY CREEK MOBILE HOA PO BOX 95 ASPEN. CO 81612 WOODY CREEK, CO 81656 SLOEZEN ROBERT PO BOX 284 WOODY CREEK, CO 81656 DEYOUNG MARK R PO BOX 333 WOODY CREEK. CO 81656 000007 VAGNEUR GRAVEL PIT PARCEL DESCRIPTION LEGAL DESCRIPTION Lot 1 of the Elam Subdivision, according to the Plat recorded June 2, 1982 in Plat Book 13, Page 47. This tract of land is located within Section 16, Township 9 South, Range 85 West of the 6th Principal Meridian, County of Pitkin, State of Colorado. Lot 1 is comprised of two parcels being more particularly described as follows: PARCEL 1A: beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township 9 South, Range 85 West, S 18'00'06" E a distance of 164.84' to the Point of Beginning; thence S 70°55'12" E a distance of 393.66'; thence S 68°39'07" E a distance of 527.45'; thence S 56'33'16" E a distance of 538.74'; thence S 53°21'46" E a distance of 434.89'; thence N 81°18'38" E a distance of 409.36'; thence N 63°51'28" E a distance of 218.35'; thence S 84°47'32" E a distance of 369.63'; thence S 00°24'36" E a distance of 2411.08'; thence S 85°34'00" W a distance of 756.58'; thence N 30°00'00" W a distance of 75.42'; thence N 34°50'00" W a distance of 284.00'; thence N 28°28'40" W a distance of 443.00'; thence with a curve turning to the right with an arc length of 99.32', with a radius of 349.24'; thence N 12°11'00" W a distance of 150.00'; thence with a curve turning to the left with an arc length of 161.97'. with a radius of 243.31'; thence N 50°19'30" W a distance of 250.00'; thence with a curve turning to the right with an arc length of 103.50', with a radius of 600.00', thence N 40°26'30" W a distance of 359.94', thence with a curve turning to the left with an arc length of 62.06', with a radius of 484.85'; thence N 47°46'30" W a distance of 260.94'; thence with a curve turning to the left with an arc length of 77.71', with a radius of 114.69'; thence N 15°04'14" W a distance of 610.19'; thence with a curve turning to the left with an arc length of 200.35', with a radius of 1095.00'; thence N 25°33'14" W a distance of 694.44'; which is the Point of Beginning, having an area of 4283097 square feet, 98.326 acres. PARCEL 1B: beginning at the Southwest Corner of the Northeast Quarter of Section 16, Township 9 South, Range 85 West, N 70°42'24" E a distance of 842.64' to the Point of Beginning; thence N 80°03'00" E a distance of 634.37'; thence N 50°19'30" W a distance of 250.00'; thence with a curve turning to the right with an arc length of 108.67', with a radius of 630.00'; thence N 40.'26'30" W a distance of 359.94'; thence with a curve turning to the left with an arc length of 58.23', with a radius of 453.82'; thence N 47'46'30" W a distance of 260.94'; thence with a curve turning to the left with an arc length of 46.92', with a radius of 84.69'; thence S 10°09'30" E a distance of 870.74'; which is the point of beginning, having an area of 278519.21 square feet, 6.394 acres. 000009 TRUSTEE'S DEED BON 49.7 MIA 14 THIS TRUSTEE'S DEED, made this 18th day of September. 1985, between CLAYTON L. VAGNEUR, AS SOLE TRUSTEE OF THE CLARICE J. VAGNEUR TRUST created under the Will of Sullivan Vagneur. deceased, as duly admitted to probate in the District Court in and for Pitkin County, Colorado, No. P-1071, on Harch 12, 1971, Grantor. and ELAN CONSTRUCTION, INC., a Colorado Corporation, Grantee, WITNESSETH, Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration hereby grants. bargains. sells and conveys to Grantee, all of the following described real estate situate in the County of PitkinkAllimu ENTA Colorado, to -wit: Lot 1, Elam Subdivision, according to the Plat thereof recorded June 2, 1982, in Plat Book 13 a Page 47 as Reception No. 241658, Together with any and all easements, rights of way and appurtenances thereunto belonging and all of the right, title, interest, estate, claim and demand whatsoever of the Grantor either in law or equity. of, in and to the above described property: Except and subject to general property taxes for the current year, U.S. patent reservations and excep- tions, any and all easements and rights of way of a public or private nature. planning, zoning and other governmental rules and regulations and prior oil, gas and other mineral reservations and exceptions, if any; TO HAVE AND HOLD the above --described property. with all appurtenancee, unto the Grantee, its successors and assigns; and the Grantor, for himself and his successor, warrants the title thereto against all persona claiming under him. IN WITNESS WHEREOF, Grantor has executed this Trustees' Deed the day and year first above written. 2 3 ICE 5A.39 Clayt L. Vagneur as o1e Trustee of the Clarice J. Vagneur Trust created under the Will of Sullivan Vagneur, Deceased STATE OF COLORADO ) ) GS. COUNTY OF GARFIELD ) The within and foregoing instrument was acknowledged before me this ',01 day of September, 1985, by Clayton L. \d tip iiX':•.,as Sole Trustee of the Clarice J. Vagneur Trust ,`tt 4d,,:¢irder the Will of Sullivan Vagneur, Deceased. ' 4er• i, %gAilwESS my hand and official seal. =v v.-44g-cQramission expires: 7/L/57 Notary Publicf 000010 A.) 111.1 r.. 000011 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING FINAL PLAT APPROVAL TO THE ELAM CONSTRUCTION, INC. SUBDIVISION Resolution No. 82 - 10 WHEREAS, the Vagneur Ranch Co., a limited partnership, is the owner of certain lands in Pitkin County, Colorado, more specifically described in Attachment A, and WHEREAS, Elam Construction, Inc. is presently leasing and has an option to purchase from the Vagneur Ranch Co., Lot 1 of the proposed subdivision. and WHEREAS. the subdivision will divide the land into parcels of over 35 acres, and WHEREAS, both parcels shown are part of Lot 1 with the narrow piece separating them being a fee simple parcel sold over a decade aqo, and WHEREAS, the water plan is the remaining condition to be satisfied for approval, and WHEREAS, engineering studies have been submitted which verify the water system capabilities to be adequate for operation of the pit, and WHEREAS, ponds will be constructed to handle the water needs in the event of a downstream call, and WHEREAS, the applicable sections of the Pitkin County Land Use Code have been addressed in this Final Plat submission to the satisfaction of the Commission. NOW, THEREFORE, BE IT RESOLVED that Final Plat Approval for subdivision of the Vagneur Ranch property into two parcels, these being Lot 1 of 104.78 acres and Lot 2, the fathering parcel, be granted with the following conditions: 1. Prior to recordation, the Final Plat is approved by the County Engineer and the County Attorney. language shall be included on the - plat concerning the small parcel to indicate that it is not developable or conveyable as a separate parcel. 2. Primary treatment of sewage disposal from the employee trailers be instituted. 3. Any future wells be placed at minimum distance from any sewage disposal systems. 4. The existing dry well bore be filled, grouted for the top 25 feet and properly capped or if the well is drilled deeper and found to be useful, the present sewage system will be relocated to the specifica- tions of the Environmental Health Department. Approved by the Board of County Commissioners at their regular meeting on February 8, 1982. 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This tract of land is located within Section 16, Township 9 South, Range 85 West of the 6th Principal Meridian, County of Pitkin, State of Colorado. Lot 1 is comprised of two parcels being more particularly described as follows: PARCEL 1A: beginning at the Northwest Corner of the Northeast Quarter of Section 16, Township 9 South, Range 85 West, S 18'00'06" E a distance of 164.84' to the Point of Beginning; thence S 70°55'12" E a distance of 393.66'; thence S 68°39'07" E a distance of 527.45'; thence S 56°33'16" E a distance of 538.74'; thence S 53°21'46" E a distance of 434.89'; thence N 81°18'38" E a distance of 409.36'; thence N 63°51'28" E a distance of 218.35'; thence S 84°47'32" E a distance of 369.63'; thence S 00°24'36" E a distance of 2411.08'; thence S 85'34'00" W a distance of 756.58'; thence N 30°00'00" W a distance of 75.42'; thence N 34°50'00" W a distance of 284.00'; thence N 28°28'40" W a distance of 443.00'; thence with a curve turning to the right with an arc length of 99.32', with a radius of 349.24'; thence N 12°11'00" W a distance of 150.00'; thence with a curve turning to the left with an arc length of 161.97'. with a radius of 243.31'; thence N 50°19'30" W a distance of 250.00'; thence with a curve turning to the right with an arc length of 103.50', with a radius of 600.00', thence N 40°26'30" W a distance of 359.94', thence with a curve turning to the left with an arc length of 62.06', with a radius of 484.85'; thence N 47°46'30" W a distance of 260.94'; thence with a curve turning to the left with an arc length of 77.71', with a radius of 114.69'; thence N 15°04'14" W a distance of 610.19'; thence with a curve turning to the left with an arc length of 200.35', with a radius of 1095.00'; thence N 25°33'14" W a distance of 694.44'; which is the Point of Beginning, having an area of 4283097 square feet, 98.326 acres. PARCEL 1B: beginning at the Southwest Corner of the Northeast Quarter of Section 16, Township 9 South, Range 85 West, N 70'42'24" E a distance of 842.64' to the Point of Beginning; thence N 80°03'00" E a distance of 634.37'; thence N 50'19'30" W a distance of 250.00'; thence with a curve turning to the right with an arc length of 108.67', with a radius of 630.00'; thence N 40°26'30" W a distance of 359.94'; thence with a curve turning to the left with an arc length of 58.23', with a radius of 453.82'; thence N 47°46'30" W a distance of 260.94'; thence with a curve turning to the left with an arc length of 46.92', with a radius of 84.69'; thence 5 10°09'30" E a distance of 870.74'; which is the point of beginning, having an area of 278519.21 square feet, 6.394 acres. 00001G TRUSTEE'S DEED BOOK I97 P4GE f 4 / THIS TRUSTEE'S DEED, made this 18th day of September, 1985, between CLAYTON L. VAGNEUR, AS SOLE TRUSTEE OF THE CLARICE J. VAGNEUR TRUST created under the Will of Sullivan Vagneur, deceased, as duly admitted to probate in the District Court in and for Pitkin County, Colorado, No. P-1071, on March 12, 1971. Grantor, and ELAM CONSTRUCTION, INC., a Colorado Corporation, Grantee, WITNESSETH, Grantor, for and in consideration of the sum of Ten Dollars and other valuable consideration hereby grants. bargains. sells and conveys to Grantee, all of the following described real estate situate in the County of Pitkinf {jltrif�MENrn Colorado, to -wit: Lot 1, Elam Subdivision, according to the Plat thereof recorded June 2, 1982. in Plat Book 13 a Page 47 as Reception No. 241658. Together with any and all easements. rights of way and appurtenances thereunto belonging and all of the right, title, interest, estate. claim and demand whatsoever of the Grantor either in law or equity, Of. in and to the above described property; Except and subject to general property taxes for the current year, U.S. patent reservations and excep- tions, any and all easements and rights of way of a public or private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other mineral reservations and exceptions, if any; TO HAVE AND HOLD the above -described property, with all appurtenances. unto the Grantee. its successore and assigns; and the Grantor. for himself and his successor, warrants the title thereto against all persons claiming under him. IN WITNESS WHEREOF, Grantor has executed this Trustees' Deed the day and year first above written. Claytpol L. Vagneur as4tole Trustee of the Clarice J. Vagneur Trust created under the Will of Sullivan Vagneur. Deceased STATE OF COLORADO COUNTY OF GARFIELD The within and foregoing instrument was acknowledged before me this iPi day of September, 1985, by Clayton L. ya ii� ii'J ..,as Sole Trustee of the Clarice J. Vagneur Trust ,k • gd,+efiller the Will of Sullivan Vagneur. Deceased. i`OT, R'pri s my hand and official seal. 447. d�i o�g- ccfmiaission expires: 7�L,/� 7 E o f r `P /�-=i -(eM cr.. 1.4-egl vyz•) r Notary Public C00017 000013 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING FINAL PLAT APPROVAL TO THE ELAM CONSTRUCTION, INC. SUBDIVISION Resolution No. 82 - I0 WHEREAS, the Vagneur Ranch Co., a limited partnership, is the owner of certain lands in Pitkin County, Colorado, more specifically described in Attachment A, and WHEREAS, Elam Construction, Inc. is presently leasing and has an option to purchase from the Yagneur Ranch Co., Lot 1 of the proposed subdivision, and WHEREAS, the subdivision will divide the land into parcels of over 35 acres, and WHEREAS, both parcels shown are part of Lot 1 with the narrow piece separating them being a fee simple parcel sold over a decade Ago, and WHEREAS, the water plan is the remaining condition to be satisfied for approval, and WHEREAS, engineering studies have been submitted which verify the water system capabilities to be adequate for operation of the pit, and WHEREAS, ponds will be constructed to handle the water needs in the event of a downstream call, and WHEREAS, the applicable sections of the Pitkin County Land Use Code have been addressed in this Final Plat submission to the satisfaction of the Commission. NOW, THEREFORE, BE IT RESOLVED that Final Plat Approval for subdivision of the Vagneur Ranch property into two parcels, these being Lot 1 of 104.78 acres and Lot 2, the fathering parcel, be granted with the following conditions: I. Prior to recordation, the Final Plat is approved by the County Engineer and the County Attorney. Language shall be included on the- plat concerning the small parcel to indicate that it is not developable or conveyable as a separate parcel. 2. Primary treatment of sewage disposal from the employee trailers be instituted. 3. Any future wells be placed at minimum distance from any sewage disposal systems. 4. The existing dry well bore be filled, grouted for the top 25 feet and properly capped or if the well is drilled deeper and found to be useful, the present sewage system will be relocated to the specifica- tions of the Environmental Health Department. Approved by the Board of County Commissioners at their regular meeting on February 8, 1982. 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VAGNEUR GRAVEL PIT 2016 ANNUAL REPORT Pitkin County, Colorado January 27, 2017 INTRODUCTION — On August 12, 2009 the Pitkin County Commissioners granted Elam Construction, Inc_ a 20-year extension to the permit allowing continued operation at the Vagneur Gravel Pit, with the approval of Resolution No. 052-2009. One of the conditions contained within the operational permit requires the filing of a written report with the County demonstrating compliance with the conditions of the permit and the County Land Use Code. The report is required to contain an estimate of gravel reserves remaining on the site and an inventory of petroleum products contained on site. In 2012, Elam requested a Minor Amendment to the Phase 2 mining plan for alternate mining methods. In addition to the originally approved mining method of utilizing one (1) Caterpillar D9N Dozer and one (1) Caterpillar 966 loader, Elam requested the use of one (1) Caterpillar 345B Track Hoe and three (3) Volvo A30 rock trucks to haul the mined material to the processing area in Phase 1. Elam was granted this amendment by BOCC Resolution No. 036-2012. In 2015, Elam's 20I4 Annual Review Report was accepted and entered the 2015 year under Resolution No. 038-2015 in order to satisfy conditions of the approved Phase 2 expansion area in Resolution No. 052-2009. The condition relayed that a revised landscape plan and planting of evergreen and other screening type vegetation shall be implemented. March 23`d, 2016, the BOCC held the annual review of the Elam Sand and Gravel Pit for the operational year of 2015. The Resolution for the 2016 year was accepted and approved under Resolution No. 016-2016. Major activities, which occurred during 2016 within the existing permitted site include: • Extraction of gravel deposits. Mining occurred during June 7th through June 15`h and then the months September, October, and November. Ending on November 1 l th, 2016. • Crushing and processing of gravel. Crushing of material occurred From September 9`h ending on November 23`d, 2016. • Stockpiling of extracted and processed gravel. • Intermittent operation of an asphalt plant. • Operation of a concrete batch plant. • Scale and office facilities. • Re -cycling of asphalt rubble. • Master Plan Development (Conceptual Completed) RECLAMATION — Backfi [ling and sloping efforts began during the summer of 2000 and continue as of this date. Approximately 18 acres in the northerly most portion of the pit are being backfilled and sloped in accordance with the approved reclamation plan. Seeding and Reclamation efforts PID #2643-16I-02-010 00002.E continued regularly thorough out 2016 with reclamation seeding being to emerge through the soil over the 2015 pipeline scar and final reclamation in the northwestern corner of the property. An osprey tower was installed on the west edge of the property. Throughout the year the juvenile raptors tried to setup a suitable nest, however, were unsuccessful due to the wind and possible platform configuration. In 2017 we hope to collaborate with Colorado Parks and Wildlife in order to aid with the osprey habituation. FUEL STORAGE AREAS — Two primary fuel storage areas are currently located on the site. The first is a 1,200 square foot area adjacent to the main office. Fuel storage area is near the concrete batch plant that has been designated as a fuel storage facility. An asphalt oil tank is located adjacent to the asphalt plant. Also a diesel fuel tank is located near the portable gravel -crushing unit when on site. All fuel is stored in aboveground tanks and has secondary containment either by constructed metal containment or by lined containment dikes to prevent any discharges of fuel from leaving the site or percolating into the ground. An engineered Spill Prevention, Control and Counter Measure Plan (SPCC) has been developed for this site. A key element of the SPCC plan includes annual training for workers at the facility for spill containment and controls in the event that a spill should occur. Petroleum products stored on site are depicted on the following chart: PETROLEUM PRODUCT STORAGE Type of Oil or Oil Product Stored Type of Tank or Storage Container Number of Tank(s) or Storage Containers Max. Storage Cap. of Ea. Tank/ Container (gal) Total Storage Capacity (gal) Diesel Fuel # 2 Steel one 5,900 5,900 Diesel Fuel # 2 Steel 10,000 30,000 Diesel Fuel # 2 Steel I 16,000 16,000 Gasoline Steel I 4,000 4,000 Use Oil Plastic I 250 250 Lubricating Oil Steel 9 55 495 Asphalt Oil Steel 1 25,000 25,000 LIFE OF MINING AREA - Several factors affect the life of most sand and gravel operations. Most notable are the surrounding communities' future gravel, asphalt and concrete needs. Other factors include: ❑ Local, State, and Federal Economic Trends ❑ Future Local Growth Trends o Major Public Improvement Projects — Highway & Roads Rail and Airport Major School Major Governmental Building KID #2643-161-02-0I0 2 000022 u Major Commercial Buildings One method in determining the life of an operation is to evaluate the past demand for gravel resources. By using the last five years of production at the Vagneur Gravel Pit in conjunction with the remaining resource, it is forecasted that the gravel within the Phase 1 area was nearly depleted in 2009. The Phase 2 mining expansion area, which was granted in Resolution 052-2009, will provide an additional 20 years of resource beyond 2009, depending on local economy. It should be pointed out that forecasts are based on current and past information. Inherent with any forecast is a degree of uncertainty. STATE MINING AND RECLAMATION PERMIT — Elam maintains a reclamation and mining permit issued by the State Division of Reclamation, Mining and Safety. WOODY CREEK CAUCUS — Representatives from Elam met with members of the Woody Creek Caucus and Planning Commission as needed during 2016, mostly in regard to snow dump. Elam will continue to meet with the Caucus and address any and all concerns regarding pit operations in 2017. NOISE MONITORING — Elam is required to conduct noise monitoring as stated in Condition 5D of BOCC Resolution 052-2009. The County approved Sound Level Monitoring Protocol states the following for frequency of monitoring: Frequency of monitoring: o Initial startup or major adjustments to equipment and/or operations — monitoring shall occur on a weekly basis for four (4) consecutive weeks. o Normal operations (beyond initial startup or adjustments) — monitoring shall occur on a monthly basis. o Sound level monitoring is not required during months of non -operation (winter) Since the approval and implementation of the amended mining process in 2012, Elam has made immense strides in collecting readings for noise monitoring by stepping up the testing frequency. Due to concerns of increased noise levels at the Braun residence, noise monitoring occurred at a higher rate overall, and typically while crushing and mining operations commence the readings are gathered on a daily basis at monitoring points 8, 9, and 10, when staff was available (see Figure I , Appendix A for Vagneur Pit Sound Level Monitoring Locations). For the months when the crusher and mining crew were on site Elam personnel increased monitoring on a daily basis for monitoring locations 8, 9, 10, and some instances 11 to ensure noise was administered properly. These three points were selected due to their close proximity to the Braun Residence. Monthly readings occurred at all monitoring locations when staff was available on site, shown on the map. Elam has extensive data to support overall compliance with the County Mandated noise levels. Section 6.36.040 of the Land Use Code requires the decibel level at the property line adjacent to residential areas to be a maximum 55 dB(A) during daytime hours and 50 dB(A) during nighttime hours. Figure 2, Appendix A demonstrates the average noise level for each of the location points on a monthly basis. PID #2643-161-02-010 3 000023 As mentioned above, monitoring points 8, 9, and 10 were collected on a daily basis during times of mining and crushing. Figures 3, 4, and 5, in Appendix A show a daily summary of noise monitoring results for these three points for the entire season from May 2016 through November. COMPLAINTS — Elam did not receive any complaints during the 2016 season. WEED MANAGEMENT — Elam continued implementing the approved weed management through 2016. The site was monitored, and herbicide applied to weeds identified in the Weed Management Plan three times during 2016. Elam wants to continue with the noxious weed elimination plan including the thistle and knapweed, which are typically plants that tend to flourish in this environment for gravel pit. Elam sub -contracts with a private applicator that is certified through the State of Colorado. (See Appendix D.) The applicator has made immense strides in the elimination of the noxious weeds identified. We will continue to implement effective and safe measures to keep the weeds in great control. WATER RESOURCE PROTECTION — As part of Elam's Water Resource Protection Plan, Elam has developed and implemented soil and water sampling/testing protocol to assure the protection of groundwater. Elam continued the sampling and testing of soil and water throughout the 2016 season. A summary sheet for both soil and water along with the laboratory data sheets are provided in Appendix B. SUPPLEMENTAL INFORMATION — There was one particular condition adhered to Resolution 016-2016 that required action through the 2016. Conditions included in other resolutions are included within the report, such as noise monitoring, and sampling or water and soil test results. The specific conditions referred to in Resolution 016-2016 are summarized below: Condition 6 For the 2016 mining season, mining shall not occur any closer than 700' from the Braun residence located at 0401 Woody Creek Road. The measurement shall be linear and be taken the closet point of the main residence to the Phase 2 mining area. Prior to any mining by the applicant past the 1,000' setback lone which was surveyed and staked in the field in 2015, the Applicant shall survey, stake, and mark with colored flagging the 700' setback line from the Braun residence. Unfortunately the 2016 season did not result in a need for high production or generate enough sales from the Vagneur Pit to proceed to the 700 foot mark. The mining crew was able to supply the material needed to crusher for aggregate materials for the year without proceeding to the 700' setback line. lithe mining operations need to proceed past the 1000' mark towards the 700' setback for 2017 the same protocol will be strictly administered. Condition 8 For the duration of 2016, Elam shall continue discussions and conduct meetings with Pitkin County Staff and the Braun's regarding a master plan for the Elam property. A master plan would be generated by Elam that includes, but is not limited, to the following: A. Development of a post mined land use of the property. This will involve exploration and analysis of alternatives for Elam to consider the highest and PID #2643-161-02-010 4 000024 best possible uses that are compatible with both the Pitkin County Land Use Code and the Woody Creek Master Plan. Selected alternatives(s) will be presented to the Woody Creek Caucus for consideration and for possible incorporation into the Woody Creek Master Plan; B. Final grading and concept landscaping plans and scenic perspectives from Highway 82 and locations within Woody Creek including the Braun residence; C. Exploration of a conservation easement on the property (specifically on the North side of the property), provided the conservation easement is compatible with the highest and best use alternatives presented in the Plan; D. Exploration and consideration of leaving a natural berm on the north side of the currently approved mining boundary, feasibility yet to be determined; E. Analysis of the potential for substitution of gravel deposits to the South of the Elam property thereby increasing the mining boundary from the Braun residence beyond the currently approved 480' setback. If feasible and agreed upon, then amendment applications would be made to the mining boundary; F. If the master plan is completed by January 15, 2016 (2017?), it shall be provided to the BOCC for consideration at the 2016 Annual Review hearing. Elam, in collaboration with Greg Lewicki and Associates, PLLC were able to draft a conceptual master plan for the pit area. Due to the unknown factors, such as "as -built" final grading plan from importing clean fill, and final ownership of the property; Elam has suggested that the ultimate master plan would be to convert this main parcel into AR-10. Therefore, this area would be subdivided into 10-13 acre parcels for the subdivided properties totaling nine (9) lots over 105.4 acres. The conceptual plan was presented to Pitkin County Planner Michael Kraemer on August 4, 2016. (See Appendix C — Conceptual Master Plan) conceptual plan for your consideration. As this plan is in its conceptual stage, certain aspects including driveway locations, parcel arrangements, landscaping, and scenic references are not established and may be altered to create a more suitable final plan. CONCLUSION — During 2016, Elam Construction paved and provided materials for some construction projects that took place in Pitkin County. Elam continues to work hard to provide a quality service to Pitkin County and its residents while limiting the disturbance to neighboring Woody Creek residents. Elam continues to make efforts to remain in compliance with the conditions of the Conditional Use Permit issued by Pitkin County in order to maintain the best interest of the public health and safety. PLD #2643-161-02-010 5 000025 APPENDIX A P1D 42643-161-02-010 6 00002G Location Monthly Average Noise Readings 2016 Max May d8(A) June dB(A) July dB(A) August dB(A) September dB(A) October dB(A) November dB(A) 1 43.7 50.5 41.2 45.5 52.5 52.5 52.5 55 2 40.6 45.2 49.9 44.0 58.3 53.5 54.6 55 3 51.2 49.8 47.5 43.5 53.5 52.1 51.2 55 4 47.5 45.8 49.7 49.1 52.1 53.1 55.6 55 5 48.5 46.4 47.6 49.5 53.1 47.7 50.4 55 6 53.6 39.2 44.3 45.2 47.7 50.3 52.6 55 7 52.3 53.6 40.3 43.5 50.3 48.7 48.1 55 8 50.5 49.5 50.5 42.8 48.7 49.0 48.3 55 9 43.0 43.9 52.5 45.7 49.0 49.1 47.5 SS 10 52.8 42.4 43.3 42.1 49.1 50.4 49.8 55 11 42.2 47.1 47.0 37.1 50.3 51.6 52.8 55 12 55 Avg 47.8 46.7 46.7 44.4 51.3 50.7 51.2 Overall Average 48.4 FIGURE 2 O00020 60 55 50 m 45 40 35 rn 30 a 1-May C rn w Vagneur Pit Daily Noise Levels - Location 8 alnalmr \N,11\11'\\ 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct Location 8 -Threshold 1-Nov 1-Dec 60 55 50 m 45 -a 40 35 m 30 c 70 m Vagneur Pit Daily Noise Levels - Location 9 1 \i 1 1 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct Location 9 Threshold 1-Nov 1-Dec 60 55 50 445 40 35 a 30 ,)90 JpO c ep �,e9 OLD Vagneur Pit Daily Noise Levels - Location 10 Nk\ i Location 10 Threshold 0 O�� �� oD Vagneur Pit - 2016 Noise Monitoring 65.0 — 55.0 —sssa saasa■asaa■■sa■aa■ssasaass■a-WO sa-f-a-f-ftss m 45.0 —aiA4 11 .01F440 -0 41111W 35.0 — 25.0 - 1 2 3 4 5 6 7 8 9 10 11 12 Noise Monitor Point i•May •June July Aug Sep Oct Nov 60.0 50.0 40.0 m 30.0 20.0 10.0 0.0 Vagneur Pit 2016 Average Monthly Noise Levels _..r_-ir © a ••rika.al Threshold 55 dB(A) 1 1"1`1 1 IrIrl'F 1 1 1 1 1- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 j1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 Noise Monitor Location ■ May • June ■ July ■ Aug • Sep ■ Oct ■ Nov VAGNEUR PIT - WOODY CREEK 2016 NOISE MONITORING ' _. 10-May NQSE MONITORING LOCATION - -- Inspector 12 11-May 12-May 13-May 14-May 15-May 16-May 17-May 18-May 19-May 43.7 40.6 51.2 47.5 48.5 53.6 52.3 50.5 43.0 52.8 42.2 Jon Mueller Creek / Airplane @ 63.4 db 20-May 21-May 22-May 23-May 24-May 25-May 26-May 27-May 28-May 29-May 30-May 31-May 1-Jun 2-Jun 3-Jun 4-Jun 5-Jun 6-Jun 7-Jun 8-Jun r" 9-Jun 10-Jun 11-Jun 12-Jun 13-Jun 14-Jun 15-Jun VAGNEUR PIT - WOODY CREEK 2016 NOISE MONITORING 16-Jun Fr _ Ts , ..i, LOCA "s- - - 4 5: - - - 17-Jun 18-Jun 19-Jun il�I 20-Jun 21-Jun 22-Jun 23-Jun 24-Jun 25-Jun I 50.5 I 26-Jun 27-Jun 28-Jun 29-Jun 30-Jun 45.2 49.8 45.8 46.4 39.2 53.6 49.5 43.9 42.4 47.1 Jon Mueller Creek - Wind Gusty 1-Jul 2-Jul 3-Jul 4-Jul 5-Jul 6-Jul 7-Jul 8-Jul 9-Jul 10-Jul 11-Jul 12-Jul 13-Jul 14-Jul 15-Jul 16-Jul 17-Jul 18-Jul 19-Jul 20-Jul 21-Jul 22-Jul VAGNEUR PIT - WOODY CREEK 23-Jul 2016 NOISE MONITORING _ ector 41.2 _ 10 _ _. 24-Jul 25-Jul 26-Jul I 49.9 47.5 49,7 47.6 44.3 40.3 50.5 43.3 47.0 Jon Mueller Windy/Trees - 27-Jul 28-Jul 29-Jul 30-Jul 31-Jul 1-Aug 2-Aug 3-Aug 4-Aug 5-Aug 6-Aug 7-Aug 8-Aug 9-Aug 10-Aug 11-Aug a 12-Aug 13-Aug 14-Aug 15-Aug 16-Aug 17-Aug 18-Aug 19-Aug 20-Aug 21-Aug 22-Aug 23-Aug PER OPERATIONAL CHECK 24-Aug 25-Aug 45.5 44.0 43.5 49.1 49.5 45.2 43.5 42.8 45.7 I 42.1 I 37.1 Jon Mueller ,Airplane @71.3 db, lawn mower, 4x4 Ranger 53 db 26-Aug 27-Aug 28-Aug I li VAGNEUR PIT - WOODY CREEK 2016 NOISE MONITORING mom inspector COMMENTS 5 6 7 8 9 10 11 1-1-2 29-Aug 3-Aug CRUSHER SET UP 31-Aug 1-Sep 2-Sep 3-5ep 4Sep 5-Sep .. -�, 6-Sep 7-Sep STARTED CRUSHING AND MINING OPERATIONS 8-Sep 9-Sep 10-Sep 11-Sep 12-Sep 45.0 48.0 I 46.0 51.5 50.8 51.1 Cole Hill - Ben Franklin Creek Fenceline 13-Sep 46.0 49.0 52.0 Tyson Carrol Creek 14-Sep 52.0 50.0 51.0 54.0 Cote Hill Windy 15 MPH + 15-Sep 51.0 53.0 52.0 51-5 53.0 Ben Franklin Creek 16-Sep liotip i8-Sep 19-Sep _ 55.0 52.2 51.1 Ben Franklin TQ Creek Noise . At AL-7 20-Sep 21-Sep 47.0 42.7 48.0 48.2 Cole Hill 22-Sep 52.5 58.3 53.5 52.1 53.1 47.7 50.3 52.3 49.5 48.1 42.5 Jon Mueller 23-Sep 24-Sep 25-Sep 26-Sep _ - 42.1 44.3 - 41.1 Tyson Carroll �r 27-Sep 41.4 42.3 44-1 Tyson Carroll 28-Sep 29-Sep _ 54.2 1 55.3 54.8 53.2 Ben Franklin 30-Sep 1 1-Oct 2-Oct 3-Oct -. _ - 4-Oct VAGNEUR PIT - WOODY CREEK 2016 NOISE MONITORING 5-Oct r� T �, + tNG Lb ATION Ben Franklin 53.0 50.0 54-0 55.0 6-Oct 52.0 50.0 53.0 Tyson Carroll 7-Oct 8-Oct 9-Oct 10-Oct 50.0 51.0 52.0 Tyson Carroll 11-Ott 12-Oct 52.0 52.0 54.0 Tyson Carroll 13-Oct 51.0 52.0 50.0 Tyson Carroll 14-Oct 54.0 53.0 52.0 Tyson Carroll 15-Oct 16-Oct 17-Oct --w- •.'' . ' . , - L A. ��• r - - �� - 50.0 51.0 51.0 - x, -., Tyson Carroll 18-Oct 52.0 50.0 48.0 Tyson Carroll 19-Oct 49.0 42.0 43.0 Tyson Carroll 20-Oct 51.0 51.0 54.0 Tyson Carroll 21-Oct 51.0 53.0 49.0 Tyson Carroll 22-Oct 23-Oct ImMi. 24-Oct 51.0 50.0 49.0 Tyson Carroll 25-Ott 49.0 51.0 48.0 Tyson Carroll 26-Oct 53.0 54.0 52.0 Tyson Carroll 27-Oct 48.5 52.3 52.5 48.7 49.3 49.4 45.2 49.1 45.0 46.3 48.2 Jon Mueller 28-Oct 51.0 52.0 51.0 Tyson Carroll 29-Oct 30-Oct`, 31-Oct 1 51.0 51.0 -7 50.0 . Tyson Carroll 2.116 1-Nov 49.0 47.0 48.0 Tyson Carroll 2-Nov 52.0 50.0 52.0 Tyson Carroll 3-Nov y 51.0 53.0 50.0 Tyson Carroll 4-Nov 541ov - - - - - _ _ - - -- 6-Nov 4 7-Nov 49.0 48.0 48.0 'Tyson Carroll 8-Nov 50.0 51.0 48.0 Tyson Carroll 9-Nov 49.0 47.0 48.0 Tyson Carroll 10-Nov 51.0 51.0 51.0 Tyson Carroll CD C] Cam) 1 j 1 L VAGNEUR PIT - WOODY CREEK 2016 NOISE MONITORING 11-Nov 12-Nov 13-Nov 14-Nov _ ___- 49.0 48.0 43.0 43.0 50.0 48.0 I Tyson Carroll Tyson Carroll COMME 15-Nov 49.0 47.0 52.0 Tyson Carroll 16-NOv 17-Nov 52.5 54.6 51.2 55.6 50.4 52.6 48.1 45.7 47.5 . 52.8 - Snowstorm / Extremely Windy @ 1 PM 18-Nov 48.0 47.0 ■ 19-Nov 20-Nov 21-Nov 44.0 45.0 50.0 Tyson Carroll 22-Nov 42.0 45.0 48.0 Tyson Carroll 23-Nov Crusher Teardown - Operations Shutdown 25-Nov 25-Nov 1-Dec I 1 i APPENDIX B PID #2643-161-02-010 7 000049 VAGNEUR GRAVEL PIT SURFACE WATER SUMMARY OF ANALYTICAL RESULTS 2016 SAMPLE ID DATE SAMPLED TRH BTEX RCRA Benzene Toluene Ethylbenzene Xylenes Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver mglL mglL m /�[ L mn/L m Ic .. mg/L _ rna/L m /L mglL mg/L ms/L mg/L mg/L 1.0 10 0.01 2 0: �, 005 [ 0.1 0.05 1 0.002 r 0.05 0.05 VAG-W16-01 4/28/2016 0.000 0.000 0.000 0.000 0.000 0.000 0.39 0.0004 0.005 0.002 0.00000 0.000 0.0000 VAG-VV16-02 5/19/2016 0.000 0.000 0 000 0.000 0.000 0.000 0.09 0.0002 0.000 0.004 0.00000 0.001 0.0000 VAG-W16-03 6/30/2016 0,000 0.000 0.000 0.000 0.000 0.000 0-12 0.0000 0.000 0.000 0.00000 0.000 0.0000 VAG-W 16-04 7/26/2016 0.000 0.000 0.000 0.000 0.000 0 000 0.05 0.0000 0.000 0.000 0.00000 0.000 0.0000 VAG-W16-05 8/25/2016 0.000 0.000 0.000 0.000 0.000 0.000 0.13 0.0000 0.000 0.001 0.00000 0.000 0.0000 VAG-W16-06 9/22/2016 0,400 0.000 0.000 0,000 0.000 0,000 0-36 0.0000 0-000 0.001 0.00000 0-000 0.0000 VAG-W16-07 10/28/2016 0.000 0.000 0.000 0.000 0,000 0-000 0-55 0-0010 0.402 0.001 0.00000 0.004 0,0000 VAG-W16-08 1 1/3012016 0.000 0.000 0.000 0.000 0000 0.000 0 24 0 0000 0.000 0.001 0.00000 0.003 0.0000 VAGNEUR GRAVEL PIT IMPORTED SOIL SUMMARY OF ANALYTICAL RESULTS 2016 SAMPLE I.D DATE SAMPLED TPIH BTEX RCRA Benzene Toluene Ethylbenzene Xylenes Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver mglKg _ mg/Kg mg/Kg mg/Kg rng/Kg mg/Kg mg/Kg mg/Kg mg/Kg mglKg mg/Kg mg/Kg mg/Kg Appitcabie Standards 500 .. ; - 104.3 j 1.000 j 78 1.600 99.5 53.94 400 17.66 350 I VAG-S16-01 5/19/2016 67 0.00 0 00 0.00 0.00 0.00 180.0 3.40 12.90 138.0 l 0.11 0.00 1.20 VAG-S16-02 6/30/2016 0 0.00 0.00 0.00 0.00 4.51 11.0 0.82 19.50 166.0 0.09 0.00 1.90 VAG-S16-03 7/26/2016 23 0.00 0.00 0.00 0.00 1.71 52.6 1.08 9.60 d 82.8 0.03 0.00 0.50 VAG-S16-04 8/25/2016 240 0.00 0.00 0.00 0.00 0.50 97 0.26 6.40 53.0 0.15 0.00 0.30 VAG-S16-05 9/22/2016 72 0.00 0.00 0.00 0.00 4.80 370 0.26 18.00 17.0 0.00 0.00 0.40 VAG-S16-06 10128/2016 0 0.00 0.00 0.00 0.00 1.20 370 0.10 6.40 3.0 3.05 1.20 3.50 VAG-S16-07 11/30/2016 0 0.00 l l 0.00 0.00 0.00 1.60 75 0.40 19.0 55.1 0.02 0.00 , 2.3 JOHN C. KEPHART & CO J A\ _J LT LI Al I[S 435 NORTH AVENUE d PHONE: (970) 742.7618 FA% (970) 243-7235 4 GRAM] JUNCTION, COLORADO 81501 Received from: Custolner No. Date Received 4/28/16 — ANALYTICAL REPORT — Elam Construction, Inc. 242-5370 ATTN : Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 0727 water Laboratory No. Sample Date Reported 5/27/16 Lab number 0727 Sample ID Vagnuer Pit Detection VAG-W16-01 Water Limit 4/28/16 10:41 AM by Jon M. Benzene 0.000 mg/L Ethylbenzene 0.000 mg/L Toluene 0.000 mg/L Xylene 0.000 mg/L Total Recoverable Petroleum Hydrocarbons <0.001 mg/L <0.001 mg/L <0.002 mq/L <0.002 mg/L 0 mg/L <1 mg/L Total RCRA Metals Arsenic 0.000 mg/L Barium 0.39 mg/L Cadmium 0.0004 mg/L Chromium 0.005 mg/L Lead 0.002 mg/L Mercury 0.00000 mg/L Selenium 0.000 mg/L Silver 0.0000 mg/L Methods Date Tested BTEX EPA 8021M 5/3/16 TRPH EPA 418.1 5/20/16 RCRA Metals EPA 200.9 5/10/16 - 5/25/16 Mercury EPA 245.1 5/13/16 <0.002 mg/L <0.02 mg/L <0.0002 mg/L <0.002 mg/L <0.001 mg/L <0.00005 mg/L <0.001 mg/L <0.0002 mg/L Lab Dir.: Brian S. Bauer 020043 J OHN C. KEPHART & CO J fill i J Ci La i 435 NORTH AVENUE PHONE: (970) 242.761a $ FAX (970) 293.7235 1 Gl10.Nn JUNCT!ON, COLORAOO 81501 Received from: — ANALYTICAL REPORT — Elam Construction, Inc. 242-5370 ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 0829 water Customer No. Laboratnr}, Nu. Sample 5/19/16 [)ate Reported 6/16/16 Date Received P Lab number Sample ID Benzene Ethylbenzene Toluene Xylene Total Recoverable Petroleum Hydrocarbons 0829 Vagnuer Pit Detection VAG-W16-02 Water Limit 5/19/16 12:05 PM by Jon 0.000 mg/L 0.000 mg/L 0.000 mg/L 0.000 mg/L <0.001 mg/L <0.001 mg/L <0.002 mg/L <0.002 mg/L 0 mg/L <1 mg/L Total RCRA Metals Arsenic 0.000 mg/L Barium 0.09 mg/L Cadmium 0.0002 mg/L Chromium 0.000 mg/L Lead 0.004 mg/L Mercury 0.00000 mg/L Selenium 0.001 mg/L Silver 0.0000 mg/L Methods Date Tested BTEX EPA 8021M 5/20/16 TRPH EPA 418.1 5/20/16 RCRA Metals EPA 200.9 5/23/16 - 6/9/16 Mercury EPA 245.1 5/26/16 <0.002 mg/L <0.02 mg/L <0.0002 mg/L <0.002 mg/L <0.001 mg/L <0.00005 mg/L <0.001 mg/L <0.0002 mg/L Lab Dir.: Brian S. Bauer C00044 JOIIN C. KEPHART & CO J rig LTI AT iEs 435 NORTH AVENUE 1 PHoNE: (970) 742-7618 1 FAx (970) 243-7235 1 GRANn JUNCTION, COLORA00 81501 Received from: — ANALYTICAL REPORT — Elam Construction, Inc. 242-5370 ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 1051 water Customer No. Laboratory No. Sample 7/1/16 Dale Reported 7/25/16 Date Received P Lab number 1051 Sample ID Vagnuer Pit Detection VAG-W16--03 Water Limit 6/30/16 10:38 AM by Jon Mueller Benzene Ethylbenzene Toluene Xylene Total Recoverable Petroleum Hydrocarbons 0.000 mg/L 0.000 mg/L 0.000 mg/L 0.000 mg/L <0.001 mg/L <0.001 mg/L <0.002 mg/L <0.002 mg/L 0 mg/L <1 mg/L Total RCRA Metals Arsenic 0.000 mg/L Barium 0.12 mg/L Cadmium 0.0000 mg/L Chromium 0.000 mg/L Lead 0.000 mg/L Mercury 0.00000 mg/L Selenium 0.000 mg/L Silver 0.0000 mg/L Methods Date Tested BTEX EPA 8021M 7/6/16 TRPH EPA 418.1 7/22/16 RCRA Metals EPA 200.9 7/7/16 - 7/20/16 Mercury EPA 245.1 7/12/16 <0.002 mg/L <0.02 mg/L <0.0002 mg/L <0.002 mg/L <0.001 mg/L <0.00005 mg/L <0.001 mg/L <0.0002 mg/L Lab Dir.: Brian S. Bauer 000045 JOHN C. KEPHART & CO 3 f, LA 435 NORTH AVENUE 1 PHONE: (970) 2•42-7616 1 FAX (970) 243-7235 1 GRANn JUNCTION, COLORAOO 91501 Received from: — ANALYTICAL REPORT — Elam Construction, Inc. 242-5370 ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 1207 water Customer No. Laboratory No. Sample 7/26/16 8/17/16 Date Received Date Reported Lab number 1207 Sample ID Vagnuer Pit Detection VAG-W16-04 Water Limit 7/26/16 12:30 PM by Jon Mueller Benzene 0.000 mg/L <0.001 mg/L Ethylbenzene 0.000 mg/L <0.001 mg/L Toluene 0.000 mg/L <0.002 mg/L Xylene 0.000 mg/L <0.002 mg/L Total Recoverable Petroleum Hydrocarbons 0 mg/L <1 mg/L Total RCRA Metals Arsenic 0.000 mg/L <0.002 mg/L Barium 0.05 mg/L <0.02 mg/L Cadmium 0.0000 mq/L <0.0002 mg/L Chromium 0.000 mg/L <0.002 mg/L Lead 0.000 mg/L <0.001 mg/L Mercury 0.00000 mg/L <0.00005 mg/L Selenium 0.000 mg/L <0.001 mg/L Silver 0.0000 mg/L <0.0002 mg/L Methods Date Tested BTEX EPA 8021M 8/4/16 TRPH EPA 418.1 8/5/16 RCRA Metals EPA 200.9 7/28/16 - 8/12/16 Mercury EPA 245.1 8/2/16 Lab Dir.: Brian S. Bauer 00004E JOHN C. KEPHART & CO. A\ J JI1 LA rs — 435 NORTH TH AVENUC ♦ PHoHEI (970) 242-7616 $ FAX (970) 243-7235 4 GRANr) JUNCTION, COLORAOO 81501 Received from: — ANALYTICAL REPORT — Elam Construction, Inc. 242-5370 ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 1406 water Customer No. Laboratory No. _ Sample Date Received 8/25/16Date Reported 10/11/16 Lab number 1406 Sample ID Vagnuer Pit Detection VAG-W16-05 Water Limit 8/25/16 11:15 AM by Jon Mueller Benzene 0.000 mg/L Ethylbenzene 0.000 mg/L Toluene 0.000 mg/L Xylene 0.000 mg/L Total Recoverable Petroleum Hydrocarbons <0.001 mg/L <0.001 mg/L <0.002 mg/L <0.002 mg/L 0 mg/L <1 mg/L Total RCRA Metals Arsenic 0.000 mg/L Barium 0.13 mg/L Cadmium 0.0000 mg/L Chromium 0.000 mg/L Lead 0.001 mg/L Mercury 0.00000 mg/L Selenium 0.000 mg/L Silver 0.0000 mg/L Methods Date Tested BTEX EPA 8021M 8/29/16 TRPH EPA 418.1 9/9/16 RCRA Metals EPA 200.9 8/29/16 - 9/19/16 Mercury EPA 245.1 9/19/16 <0.002 mg/L <0.02 mg/L <0.0002 mg/L <0.002 mg/L <0.001 mg/L <0.00005 mg/L <0.001 mg/L <0.0002 mg/L Lab Dir.: Brian S. Bauer C00047 JOHN C. KEPHART & CO. r 1 J CAI' LAAT IfS 435 NORTH AVENUE ! PHONE: (970) 742-7618 1 FAX: (970) 243-7235 1 GRAN0 JUNCTION, COLORADO 81501 - Received from: -- ANALYTICAL REPORT — Elam Construction, Inc. 242-5370 ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 1599 water Customer No. Labnralnr). No. Sample Date Received 9/26/16 Date Reported 10/26/16 Lab number 1599 Sample ID Vagnuer Pit Detection VAG-W16-06 Water Limit 9/22/16 12:14 PM by Jon Mueller Benzene 0.000 mg/L Ethylbenzene 0.000 mg/L Toluene 0.000 mg/L Xylene 0.000 mg/L Total Recoverable Petroleum Hydrocarbons <0.001 mg/L <0.001 mg/L <0.002 mg/L <0.002 mg/L 0 mg/L <1 mg/L Total RCRA Metals Arsenic 0.000 mg/L Barium 0.36 mg/L Cadmium 0.0000 mg/L Chromium 0.000 mg/L Lead 0.001 mg/L Mercury 0.00000 mg/L Selenium 0.000 mg/L Silver 0.0000 mg/L Methods Date Tested BTEX EPA 8021M 9/27/16 TRPH EPA 418.1 10/6/16 RCRA Metals EPA 200.9 9/29/16 - 10/21/16 Mercury EPA 245.1 10/10/16 <0.002 mg/L <0.02 mg/L <0.0002 mg/L <0.002 mg/L <0.001 mg/L <0.00005 mg/L <0.001 mg/L <0.0002 mg/L Lab Dir.: Brian S. Bauer O2•OD43 JOHN C. KEPHART & CO. GRA ET J LA AI its 435 NORTH AVENUC PHONE: (970)'42-7618 1 FAX (970) 243-7235 GRANO JUNCTION, COLORADO 81501 Received from: — ANALYTICAL REPORT — Elam Construction, Inc. 242-5370 ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 Customer No. Laboratory No, 1783 water Simple 10/28/16 1J,ite Reported Date Received P Lab number Sample ID Benzene Ethylbenzene Toluene Xylene Total Recoverable Petroleum Hydrocarbons Total RCRA Metals Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver 12/16/16 1783 Vagneur Pit Detection VAG-W16-07 Water Limit 10/28/16 11:37 AM by Jon Mueller 0.000 mg/L 0.000 mg/L 0.000 mg/L 0.000 mg/L <0.001 mg/L <0.001 mg/L <0.002 mg/L <0.002 mg/L 0 mg/L <1 mg/L 0.000 mg/L 0.55 mg/L 0.0010 mg/L 0.002 mg/L 0.001 mg/L 0.00000 mg/L 0.004 mg/L 0.0000 mg/L Methods Date Tested BTEX EPA 8021M 11/1/16 TRPH EPA 418.1 11/15/16 RCRA Metals EPA 200.9 11/3/16 - 12/16/16 Mercury EPA 245.1 11/3/16 <0.002 mg/L <0.02 mg/L <0.0002 mg/L <0.002 mg/L <0.001 mg/L <0.00005 mg/L <0.001 mg/L <0.0002 mg/L Lab Dir.: Brian S. Bauer O0O04'i JOHN C. KEPHART & CO J. J CI LA its 435 NORTH AVENUE $ PHONE: (970) 242-7618 0 FnX: (970) 243-7235 • GRANn JUNCTION, COLORAPD 81501 — ANALYTICAL REPORT — Receivedfroln: Elam Construction, Inc. 242-5370 ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 1924 water Customer No. Laboratory No. _ Simple Date Received 12/1/16 Date Reported 12/29/16 Lab number 1924 Sample ID Vagneur Pit Detection VAG-W16-08 Water Limit 11/30/16 3:51 PM by Jon Mueller Benzene 0.000 mg/L Ethylbenzene 0.000 mg/L Toluene 0.000 mg/L Xylene 0.000 mg/L Total Recoverable Petroleum Hydrocarbons <0.001 mg/L <0.001 mq/L <0,002 mg/L <0.002 mg/L 0 mg/L <1 mg/L Total RCRA Metals Arsenic 0.000 mg/L <0.002 mg/L Barium 0.24 mg/L <0.02 mg/L Cadmium 0.0000 mg/L <0.0002 mg/L Chromium 0.000 mg/L <0.002 mg/L Lead 0.001 mg/L <0.001 mg/L Mercury 0.00000 mg/L <0.00005 rng/L Selenium 0,003 mg/L <0.001 mg/L Silver 0.0000 mg/L <0.0002 mg/L Methods Date Tested BTEX EPA 8021M 12/5/16 TRPH EPA 418.1 12/20/16 RCRA Metals EPA 200.9 12/2/16 - 12/28/16 Mercury EPA 245.1 12/2/16 Lab Dir.: Brian S. Bauer 000050 JOHN C. KEPHART & CO 3 J Cl it Ai ES 435 NORTH AVLNUC • PHONE: (970) 742.7618 • FAX: (970) 243.7235 • GRANO JUNCTION, COLORADO 81501 Received from: Customer No. — ANALYTICAL REPORT — Elam Construction, Inc. ATTK: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 Laboratory No. 242-5370 0830 Sample 5/19/16 Date Reported Dale Received Lab number Sample ID Total Solids Moisture Benzene Ethylbenzene Toluene Xylene Total Recoverable Petroleum Hydrocarbons Total RCRA Metals Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver BTEX TRPH RCRA Metals Mercury mg/Kg = ppm Methods EPA 80218 EPA 418.1 EPA 7010 EPA 7471B 0830 Pit V�'yi]uci: Pit VAG - S16 - 01 Soil 5/19/16 12:18 PM by Jon 90.8% 9.2 % 0.00 mg/Kg as received 0.00 mg/Kg as received 0.00 mg/Kg as received 0.00 mg/Kg as received soil 6/16/16 np+ar.+,,,., !/C.Li4441 ViI Limit <0.05 mg/Kg <0.05 mg/Kg <0.08 mg/Kg <0.10 mg/Kg 67 mg/Kg as received <20 mg/Kg 0.00 mg/Kg as received <0.09 mg/Kg 180 mg/Kg as received 3.40 mg/Kg as received 12.9 mg/Kg as received 138 mg/Kg as received 0.11 mg/Kg as received <0.01 mg/Kg 0.0 mg/Kg as received <0.8 mg/Kg 1.2 mg/Kg as received <0.1 mg/Kg Date Tested 5/20/16 6/10/16 5/23/16 6/9/16 5/26/16 Lab Dir.: Brian S. Bauer nnnn3l 7OIIN C. KEPIIART & CO A\ J TL LA 435 NOwrH AVENUE PHONE: (970) 242-7519 FA% (970) 243-7235 GHAN❑ JUNCTION, COLORADO 81541 Received from: — ANALYTICAL REPORT — Elam Construction, Inc. ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 Customer No. Labpi Minty No. Date Received 242-5370 1052 7/1/16 Date reported Lab number Sample ID Total Solids Moisture Benzene Ethylbenzene Toluene Xylene Total Recoverable Petroleum Hydrocarbons Total RCRA Metals Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver BTEX TRPH RCRA Metals Mercury mg/Kg = pPm Methods EPA 8021E EPA 418.1 EPA 7010 EPA 7471B 1052 Vagnuer Pit VAG - S16 - 02 Soil 6/30/16 10:45 AM by Jon Mueller 98.0 % 2.0 % Sample soil Detection Limit 7/25/16 0.00 mg/Kg as received <0.05 mg/Kg 0.00 mg/Kg as received <0.05 mg/Kg 0.00 mg/Kg as received <0.08 mg/Kg 0.00 mg/Kg as received <0.10 mg/Kg 0 mg/Kg as received <20 mg/Kg 4.51 mg/Kg as received <0.09 mg/Kg 11.0 mg/Kg as received 0.82 mg/Kg as received 19.5 mg/Kg as received 166 mg/Kg as received 0.09 mg/Kg as received <0.01 mg/Kg 0.0 mg/Kg as received <0.8 mg/Kg 1.9 mg/Kg as received <0.1 mg/Kg Date Tested 7/6/16 7/22/16 7/13/16 - 7/20/16 7/12/16 Lab Dir.: Brian S. Bauer C20052 JOHN C. KEPHART & CO. 435 NORTH AVENUE Received from: Customer No. Date Received CI [1\ PHONE: (970) 742.7619 FAX: 7/26/16 Lab number Sample ID Total Solids Moisture Benzene Ethvlbenzene Toluene Xylene AT fi (970) 243-7235 10 GRAN') JUNCTION, COLORAOO 81501 — ANALYTICAL REPORT — Elam Construction, Inc. 242-5370 ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 1208 Laboratory No. _ Sample Date Reported Total Recoverable Petroleum Hydrocarbons Total RCRA Metals Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver BTEX TRPH RCRA Metals Mercury mg/Kg = ppm Methods EPA 8021E EPA 418.1 EPA 7010 EPA 7471B 1208 Vagnuer Pit VAG - S16 - 03 Soil 7/26/16 12:36 PM by Jon Mueller 99.0 % 1.0 % soil 8/17/16 Detection Limit 0.00 mg/Kg as received <0.05 mg/Kg 0.00 mg/Kg as received <0.05 mg/Kg 0.00 mg/Kg as received <0.08 mg/Kg 0.00 mg/Kg as received <0.10 mg/Kg 23 mg/Kg as received <20 mg/Kg 1.71 mg/Kg as received <0.09 mg/Kg 52.6 mg/Kg as received 1.08 mg/Kg as received 9.6 mg/Kg as received 82.8 mg/Kg as received 0.03 mg/Kg as received <0.01 mg/Kg 0.0 mg/Kg as received <0.8 mg/Kg 0.5 mg/Kg as received <0.1 mg/Kg Date Tested 8/4/16 8/5/16 8/10/16 - 8/15/16 8/15/16 Lab Dir.: Brian S. Bauer C00053 JOHN C. KEPHART & CO J A\ iu LTL\ L li r di Ef, 435 NORTH AVENUE • PHONE: (970) 242-7618 # Fnx (970) 241-7235 ♦ GRANO JUNCTION, COLORADO 81501 Received from: Customer No. — ANALYTICAL REPORT — Elam Construction, Inc. 242-5370 ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 1407 soil Laboratory No. Sample 8/25/16 Date ReceiveDate Reported d f 10/11/16 Lab number 1407 Sample ID Vagnuer Pit Detection VAG - S16 - 04 Soil Limit 8/25/16 11:20 AM by Jon Mueller Total Solids Moisture Benzene Ethylbenzene Toluene Xylene 96.4% 3.6 % 0.00 mg/Kg as received <0.05 mg/Kg 0.00 mg/Kg as received <0.05 mg/Kg 0.00 mg/Kg as received <0.08 mg/Kg 0.00 mg/Kg as received <0.10 mg/Kg Total Recoverable Petroleum Hydrocarbons 240 mg/Kg as received <20 mg/Kg Total RCRA Metals Arsenic 0.50 mg/Kg as received <0.09 mg/Kg Rarium 97.0 mg/Kg as received Cadmium 0.26 mg/Kg as received Chromium 6.4 mg/Kg as received Lead 53.0 mg/Kg as received Mercury 0.15 mg/Kg as received <0.01 mg/Kg Selenium 0.0 mg/Kg as received <0.8 mg/Kg Silver 0.3 mg/Kg as received <0.1 mg/Kg Methods Date Tested BTEX EPA 8021B 8/29/16 TRPH EPA 418.1 9/20/16 RCRA Metals EPA 7010 8/31/16 9/19/16 Mercury EPA 7471E 9/19/16 mg/Kg = ppm Lab Dir.: Brian S. Bauer 00005�} JOHN C. KEPI -TART & CO ri iu LT 1 LA AT fS 435 NORTH AVENUE 1 Pi -tome: (970) 242-76 8 1 FAX (970) 243-7235 1 GRANO JUNCTEON, COLORADO 81501 -- Received from: — ANALYTICAL REPORT — Elam Construction, Inc. ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 242-5370 1600 soil Customer No. Laboratory No. Sample Dale Received 9/26/16 Date Reported 10/26/16 Lab number 1600 Sample ID Vagnuer Pit Detection VAG - S16 - 05 Soil Limit 9/22/16 11:45 AM by Jon Mueller Total Solids Moisture 95.8 % 4.2 % Benzene 0.00 mg/Kg as received <0.05 mg/Kg Ethylbenzene 0.00 mg/Kg as received <0.05 mg/Kg Toluene 0.00 mg/Kg as received <0.08 mg/Kg Xylene 0.00 mg/Kg as received <0.10 mg/Kg Total Recoverable Petroleum Hydrocarbons 72 mg/Kg as received <20 mg/Kg Total RCRA Metals Arsenic 4.80 mg/Kg as received <0,09 mg/Kg Barium 370 mg/Kg as received Cadmium 0.26 mg/Kg as received Chromium 18.0 mg/Kg as received Lead 17.0 mg/Kg as received Mercury 0.00 mg/Kg as received <0.01 mg/Kg Selenium 0.0 mg/Kg as received <0.8 mg/Kg Silver 0.4 mg/Kg as received <0.1 mg/Kg Methods Date Tested BTEX EPA 8021E 9/28/16 TRPH EPA 418.1 10/6/16 RCRA Metals EPA 7010 10/6/16 - 10/24/16 Mercury EPA 7471E 10/24/16 mg/Kg = ppm Lab Dir.: Brian S. Bauer 000055 JOHN C. KEPHART & CO J ti „J r \ [A AT ES 435 NORTH AVENUE $ PHONE: (970) 742-76 6 4 FAX (970) 243-7235 III GRANO JUNCTION, COLORADO 81501 Received frail'. — ANALYTICAL REPORT — 1784 soil Customer No. Lboralory N<,. Sample Elam Construction, Inc. 242-5370 ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 Date Received 10/28/16 Date Reported 12/19/16 Lab number 1784 Sample ID Vagneur Pit Detection VAG - S16 - 06 Soil Limit 10/28/16 11:48 AM by Jon Mueller Total Solids Moisture 2.6 % Benzene 0.00 mg/Kg as received <0.05 mg/Kg Ethylbenzene 0.00 mg/Kg as received <0.05 mg/Kg Toluene 0.00 mg/Kg as received <0.08 mg/Kg Xylene 0.00 mg/Kg as received <0.10 mg/Kg 97,4 % Total Recoverable Petroleum Hydrocarbons 0 mg/Kg as received <20 mg/Kg Total RCRA Metals Arsenic 1.20 mg/Kg as received <0.09 mg/Kg Barium 370 mg/Kg as received Cadmium 0.10 mg/Kg as received Chromium 6.40 mg/Kg as received Lead 3.00 mg/Kg as received Mercury 3.05 mg/Kg as received <0.01 mg/Kg Selenium 1.2 mg/Kg as received <0.8 mg/Kg Silver 3.5 mg/Kg as received <0.1 mg/Kg Methods Date Tested BTEX EPA 8021E 11/1/16 TRPH EPA 418.1 11/15/16 RCRA Metals EPA 7010 11/3/16 - 12/16/16 Mercury EPA 7471E 11/3/16 mg/Kg = PPm Lab Dir.: Brian S. Bauer 000956 JOT -TN C. KEPHART & CO ili CI AT iEs • 435 NORTH AVENUE PHONE: (970) 742.76 8 1 FAX (970) 243-7235 4 GRANO JONCT[ON, COLORAPO 81501 Received from: — ANALYTICAL REPORT — Elam Construction, Inc. ATTN: Jon Mueller 556 Struthers Avenue Grand Jct., CO 81501 242-5370 1925 soil Customer No. Laboratory No. ,Sample Date Received 12/1/16 Date Reported Lab number 1925 Sample ID Vagneur Pit Detection VAG - S16 - 07 Soil Limit 11/30/16 3:51 PM by Jon Mueller Total Solids Moisture Benzene Ethylbenzene Toluene Xylene 88.8% 11.2 % 12/29/16 0.00 mg/Kg as received <0.05 mg/Kg 0.00 mg/Kg as received <0.05 mg/Kg 0.00 mg/Kg as received <0.08 mg/Kg 0.00 mg/Kg as received <0.10 mg/Kg Total Recoverable Petroleum Hydrocarbons 0 mg/Kg as received <20 mg/Kg Total RCRA Metals Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver 1.60 mg/Kg as received <0.09 mg/Kg 75.2 mg/Kg as received 0.40 mg/Kg as received 19.0 mg/Kg as received 55.1 mg/Kg as received 0.02 mg/Kg as received <0.01 mg/Kg 0.0 mg/Kg as received <0.8 mg/Kg 2.3 mg/Kg as received <0.1 mg/Kg Methods Date Tested BTEX EPA 8O21B 12/5/16 TRPH EPA 418.1 12/20/16 RCRA Metals EPA 7010 12/5/16 - 12/28/16 Mercury EPA 7471E 12/5/16 mg/Kg = ppm Lab Dir.: Brian S. Bauer uL'jJ5-1 APPENDIX C PID #2643-161-02-010 8 000053 PUO TO CONVERT MAIN PARCEL TO AR-16 ZONING AND SUBDIVIDE INTO NINE IS) LOTS AR ZONING COULD BE PURSUED TO GET SIGNIFICANTLY MORE LOTS AR.10 = 10 ACRE MIN AR.2 = Z ACRE MIN YELLOW BOUNDARIES SHOW A LIKELY ARRANGEMENT OF -10 ACRE LOTS 10.2 Acres 10.3 Acres Conceptual Master Plan Vagneur Pit Elam Construction, Inc c00059 BUSTING ROAD 10.5 Acres COLLECTOR ROAD ROUTE TOO SMALL TO BE DEVELOPED AS AR-10 AR.2 WOULD GIVE THREE LOTS AT THE MOST 10 0 Acres Nto c.w.l.m.r.g ir,.nwo n can..• mMn w•. r r .. cwurn .may 4. mi. s.,nn a.wnM aa, v..o•� ..� u.. M - 123Acres 12 D Acres COLLECTOR ROAD ROUTE 130Acres 4.tut, Van ',W., 4.1.1 O,w GTIIWI! Ore — Greg Lewicle And Associates Iit• rr.mryrr. •,.aR Nrxu V APPENDIX D PID #2643-161-02-010 9 MONO WILDERNESS WEEDS, INC NEW CASTLE, CO (970} 21 6-61 51 Pesticide Application Record Specific Location of Application: Elam Construction, Vagneur Pit, Woody Creek, CO. Date: 5/31 /16 Application: Time: Start: 8:30 AM End: 1:00 PM Partly Cloudy Wind Speed: 0-10 MPH Wind Direction: Variable Weather Conditions: Clear Start: 2:15 PM End: 4:45 PM Cloudy Target Weeds: Plumeless Thistle, Houndstounge, Canada Thistle, 1 Temperature: 55-85F Perennial Pepperweed, Common Mullein, Kochia, Russian Thistle, Field Pennycress, Hoary Cress. Stage of Growth: Bud ® Bolting WO Flowering [� Seedling (14 Site of Application: Rangeland ® Agricultural © Industrial id ROW irg Other: Name: Escort Name: Milestone Name: Hardball Name: Initial Treatment ® Re -Treatment EPA #: 352-439 EPA #: 62719-519 EPA #: 5905-549 EPA #: Name: Grounded Dye: Hi -Light Rosette EPA #: n/a EPA #: n/a Adjuvant: Dyne-Amic EPA #: nfc1 Rate Per Acre: 1 oz Rate Per Acre: 5 oz Rate Per Acre: B oz Rate Per Acre: Rate Per Acre: 80 oz Rate Per 100 gal: 80 oz Rate Per 100 gal: 40 oz Dilutant Used: Water Gallons Per Acre: 20 Actual Acres Treated: Application Method AN. Handgun Disposal' Empty Containers Triple Rinsed Disposal Site: Garfield County Landfill Comments' Yes No 3 ac Certified Applicators Signature: C00061 WILDERNESS WEEDS, INC NEW CASTLE, CO (970) 216-6151 Pesticide Application Record Date: 6/2/16 Specific Location of Application: Elam Construction, Vagneur Pit, Woody Creek, CO. Application: Time: Start: 6:15 AM End: 10:15 AM Start: 10:45 AM End: 1:30 PM Weather Conditions: Clear ® Partly Cloudy la Cloudy Wind Speed: 0-10 MPH Wind Direction: Variable Temperature: 55-65F Target Weeds: Plumeless Thistle, Houndstounge, Perennial Pepperweed, Clasping Pepperweed, Common _ Mullein, Field Pennycress, Hoary Cress. Stage of Growth: Bud la Bolting a Flowering ® Seedling [J Rosette Q Site of Application: Rangeland ® Agricultural ® industrial ® ROW Wj Other Initial Treatment ® Re -Treatment Name: Escort EPA #: 352-439 Rate Per Acre: 1 oz Name: Milestone EPA #: 62719-519 Rate Per Acre: 5 oz Name: Overdrive EPA #: 7969-150 Rate Per Acre: 3 oz Name: EPA #: Rate Per Acre: Name: Grounded EPA #: nfa Rate Per Acre: 130 oz Dye: Hi -Light EPA #: nfa Rate Per 100 gal: 130 oz Adjuvant: Dyne-Amic EPA #: n!a Rate Per 100 gal: 40 oz Dilutant Used: Water Gallons Per Acre: 20 Actual Acres Treated: 6 ac Application Method: ATV, Handgun Disposal: Empty Containers Triple Rinsed Yes ® No Disposal Site: Garfield County Landfill Comments: Leafy Spurge treated in 2015 on top of Mine Road was 100% successful. Certified Applicators Signature: 000062 WILDERNESS WEEDS, INC NEW CASTLE, CO (970) 216.6151 Pesticide Application Record Specific Location of Application: Elam Construction, Vagneur Pit, Woody Creek, CO. Application. Date: 8/8/16 Time: $tart: 7:20 AM End: 9:20 AM Start Weather Conditions: Clear ® Partly Cloudy Q Cloudy 1JJ Wind Speed: 0-10 MPH Wind Direction: Variable Temperature: Target Weeds: Plumeless Thistle End: 50-55F Stage of Growth: Bud a Bolting ® Flowering a Seedling ® Rosette Site of Application: Rangeland ® Agricultural ® Industrial ® ROW Other: Initial Treatment ® Re -Treatment Name: Telar XP EPA #: 352-654 Rate Per Acre: 1 oz Name: Milestone EPA #: 62719-519 Rate Per Acre: 6 oz Name: EPA #: Rate Per Acre: Name: EPA #: Rate Per Acre: Name: Grounded EPA #: n/a Rate Per Acre: 80 oz Dye: Hi -Light EPA #: n/a Rate Per 100 gal: 80 oz Adjuvant: Dyne-Amic EPA #: n/a Rate Per 100 gal: 40 oz Ditutant Used: Water Gallons Per Acre: 20 Actual Acres Treated: .35 ac Application Method: ATV, Handgun Disposal: Empty Containers Triple Rinsed Disposal Site: Garfield County Landfill Comments: Yes No Certified Applicators Signature: 000063 WILDERNESS WEEDS, INC NEW CASTLE. CO (970) 21 6-61 51 Pesticide Application Record Specific Location of Application: Elam Construction, Vagneur Pit, Woody Creek, CO. Date: 8/9/16 Application: Time: Start: 8:00 AM End: 10:00 AM Start: End: Weather Conditions: Clear ® Partly Cloudy Cloudy 0 Wind Speed: 0-10 MPH Wind Direction: Variable Temperature: 50-60F Target Weeds: Plumeless Thistle, Common Mullein, Houndstounge. Stage of Growth: Site of Application: Bud ® Bolting ® Flowering ® Seedling g Rosette Rangeland © Agricultural (1 Industrial ROW Other: Initial Treatment Re -Treatment Name: Telar XP EPA #: 352-654 Rate Per Acre: 1 oz Name: Milestone EPA#: 62719-519 Rate Per Acre: 6oz Name: EPA #: Rate Per Acre: Name: EPA*: Rate Per Acre: Name: Grounded EPA #: n/a Rate Per Acre: 80 oz Dye: Hi -Light EPA #: n/a Rate Per 100 gal: 80 oz Adjuvant: Dyne-Amic EPA #: n/a Rate Per 100 gal: 40 oz Dilutant Used: Water Gallons Per Acre: 20 Actual Acres Treated: 1 ac Application Method: ATV, Handgun Disposal Empty Containers Triple Rinsed Disposal Site: Garfield County Landfill Comments: Yes ® No Certified Applicators Signature �j 0v0064. WILDERNESS WEEDS, INC NEW CASTLE, CO (970) 21 6.61 51 Pesticide Application Record Specific Location of Application: Elam Construction, Vagneur Pit, Woody Creek, CO. Application Date: 10/18/16 Time: Start: 9:00 AM End 11:45 AM Start: End: Weather Conditions: Clear ® Partly Cloudy Cloudy [�] Wind Speed: 0-10 MPH Wind Direction: Variable Temperature: 50-60 F Target Weeds: Plumeless Thistle, Houndstounge, Leafy Spurge Stage of Growth: Bud 4 Bolting ® Flowering a Seedling ® Rosette Site of Application: Rangeland © Agricultural ® Industrial ® ROW Other: Initial Treatment ® Re -Treatment j Name: Plateau EPA #: 241-365 Rate Per Acre: 10 oz Name: Milestone EPA #: 62719-519 Rate Per Acre: 6 oz Name: Perspective EPA #: 432-1569 Rate Per Acre: 5 oz Name: EPA #: Rate Per Acre: Name: EPA #: Rate Per Acre: Dye: Hi -Light EPA #: Rate Per 100 gal: 64 oz Adjuvant: Dyen-Amic EPA #: Rate Per 100 gal: 50 oz Dilutant Used: Water Gallons Per Acre: 20 Actual Acres Treated: 2.5 Application Method ATV 8 Backpack Disposal: Empty Containers Triple Rinsed Yes e No Disposal Site: Garfield County Landfill Comments: 1 acre treated using Plateau and Milestone. 1.5 acres treated using Perspective. Certified Applicators Signature: �00065 MISCELLANEOUS DOCUMENTS