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Home My WebLink Aboutpitkin.eh.264316102010 (2006-2015)MEMORANDUM To: Mike Kraemer, Planning Department From: Kurt Dahl, Environmental Health Department Date: March 19, 2015 Re: ElamNagneur Gravel Pit Annual Review (2015), (Case P010-15; 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 2015 Annual Report 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 March 19, 2015 with Mike Kraemer of the Pitkin County Community Development Department and Gayle Lyman of Elam Construction, Inc. --- 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) on 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: Individual Sewage Disposal System (ISDS) Permit 89018 documents a system was approved for use of the office by 6 employees. This system consists of one 1000 gallon tank and two deep gravel trenches totaling approximately 100 square feet of absorption area. ISDS Permit 98063 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 two existing 1250 gallon tanks 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 absorption field was seeded in the fall of 2008, and large boulders were placed around it to prohibit vehicles from driving over the area. Printed on Recycled Paper An inspection of both OWTSs was conducted on June 5, 2014 by Carla Ostberg of CBO, INC (Pitkin County License number 17). Pumping of the tanks for both systems was not recommended and there was no evidence of failure for the system serving the office. The last septic tank (1,250 gallon) prior to the soil treatment area of the RV OWTS appears to be leaking. CBO, Inc is proposing to by-pass the tank since the 1,250 gallon capacity is not needed to meet the existing OWTS requirements and the 3,000 gallon capacity of the two tanks that would be left in place would meet the minimum standards. The Environmental Health Department is okay with this proposal and as a minor repair, a permit would not be required. However, the EH Department does ask that the repair be completed prior to seasonal occupancy of the RV Camp and Elam submit documentation of the repair to the EH Department for our files. --- AIR QUALITY: The Environmental Health Office did not receive an air quality complaint in the last year. At the site inspection on April 2, 2013 the dirt berm closest to noise sampling point #8 had a straw mat covering it to help protect the seeded vegetation and to retain moisture. At the March 17, 2014 inspection the straw mat was verified to still be in place and at the March 19, 2015 inspection the straw mat was still in place with evidence of vegetation growing underneath it. Emissions Permits issued by the Colorado Department of Public Health and Environment include: X610 Crusher: 97POO820 V-755 Asphalt Plant: 09PI1168 Vagneur Pit: 13PI388-5 --- NOISE: The Environmental Health Office did not receive a noise complaint in the last year. Elam does have a noise sampling protocol and performs daily readings at the northern most points of the property. Gayle Lyman confirmed in conversation that the company's noise meter is calibrated each year. The data indicates compliance with the noise regulations and there were no samples above the 55 dB threshold. --- 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) Printed on Recycled Paper Benzene, toluene, ethylebenzene, and xylenes (BTEX) Total RCRA Metals Water Sampling: 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, with one exception. The June water sample had a cadmium result of 0.008 ppm, over the 0.005 ppm standard. The July cadmium sample was 0.005 ppm and subsequent samples were less than 0.005 ppm. During our site visit the spike was discussed with Gayle but a determining factor was not identified. If a spike in the water sample is evident next year, please contact the EH Department promptly to determine if the water should be resampled. Recommendation: This Department has no objection to continued operation, including minor amendments. 3 Printed on Recycled Paper 05/03/2012 21:02 9636070 B R SEPTIC PAGE 02 JUN. 30, 2011 4:01PMi ENVIRO HEALTH NAT RESOURCE NO. 749 P, 6 Onsite WastewaterTrie%atmertSysteMs (OWES) Use Permit inspection Form rllilV • 151-tl6ri county Environmental Health Department 4 o4o5 Casdr. Creek Road, Suite 10, AtperE, C081611 —. , ., Cv��C� .__..,, Phont:970-92D-5070 Faz 970.920-5077 owner's Name, Address: Farces Number. irupection bate: inspector's Name: s}tsiness Name: Phone ra mber email: sneucame lNunwe Pitkin rounty systems tncror v. dlt be rer»Fttarl to PW,, Ct,,O iN Emt tr,,m, f --FAA- ft—ar gn by- Leop thh; ett- a r� aE theLke , d JIM etf Wrthrn6odcvsofthef a amaaarrIf. ofi•�►arf,ertAesysfie 0-099 f UE5T1lJRt5 FDR PRoMyy OuMER PRIOR iO FNSPEC'MN: Is the home currenTly occupled? � If NO, haw long tms the home Seen vacant? bedrooms are in the home?�u� / �•CJ' How many When was the tank fast pumped? 1– Name of pumping company: if second ary treatment is used, who IS the maintenance provider? ._ /V RECORDS: Wemsystem records available from, Pitkin County? yP5 NO if YES: Permitnumber. C� Oats of Fina{ Approval: ^ 1D # of bedrooms permitted' �� Was an as -built drawing available? Gii NO Is the as -built drawing accurate? YE5 NO If NO: Complete o drawing of fbe systtM on lost page of this farm os c=mtely as passible. Ar3V QUeWQ" marked rAIL will require correction before an OLWTS We permit is Issued— SITE CONDITIONS; Propergmding,noevidenceaferosion? PASS FAR improper vegetative cover'? YES Evidence of compacilon such as heavy machinery or livestock? YES improper dlschorgeasuch asstraightpipes? PA FAIL Evidence of high ground water? M Snow Dover present? Page I 05/03/2012 21:02 9636070 B R SEPTIC JUN. 30. 2011 4:01PM ENVIPO HEALTH NAT RESOURCE NO, ?44 TANK: Tank Tank2—' Tank3 TankcapacIty MIMIJ 07 gallons G% gallons 16eg O geilons Tank material ' PASS FAIL SECONDARYTRFATMENT: of con artmen% Is a secondary treatment unit present? YES (g5 UNKNOWN if YES, does tate unit appear to be in good working condition? YES NO ode vflast pumping Does the owner have a current maintenance contract for the unit? YES C5 -/- 1 Main:enancePravider: _ _AA--;-�. __Phone: - f • 2 L-Idsjdwrs in good cc dfion CfASS FAIL PA -W FAiL P FAIL Risers to rade Riser height om No E NO NO Riser condition/wmrt ghtncss Inletsah*AaryTJbaftle FAiL tMP3 FAIL FAIT. Outlet sari t v /batheFAl FA I. PASS AiL Effluentfilter (if part of design) PASS FAIL P FAIL P FAIT N Candiron of tank material 111@4S FAIL PASS - PAIL FAIL Tankwaj pumped for Inspection Y NO YE NO NO Scum level (1st compartment) inches 0 Inches O indies Sludge level (ist cogil rKVent) inches p inches CrJ inches scum level (2nd compartment} p inches inches inches sludge level (znd compartment) inches inches d inches Baekliow (if pymped) PASS FAIL P FAIL FAR Midunk haffTe PASS FAIL PA FAIL N/A b—FAIL N Watertightness P FAIL ASS FAiL I S2011ZFAiL PUMPS/DOSING SIPHONS: N an is a pump or dosing siphon present? YES YFS If YES, Is the pump/dosing siphon functioning properly? PASS FAIL Does the pump/wiring/dosing siphon appear to be in good condition? PASS FAIL Is tht high water alarm working, both visible and audible? PASS FAIL SECONDARYTRFATMENT: Is a secondary treatment unit present? YES (g5 UNKNOWN if YES, does tate unit appear to be in good working condition? YES NO Does the owner have a current maintenance contract for the unit? YES C5 UNKNOWN Main:enancePravider: _ _AA--;-�. __Phone: if there is no maintenance contract, a contract must be in place prior to occupancy of the home. A copy of the contract must be submitted to Pitkin County Environmental health Department ABSOR8170N AREA: Effluerrt surfacing? Evidence of past surfacing? Surface dampness? Excessive odors? Field location verified by observation ports or probing: Liquid in observation port? I YES, record depth: Disvibution Box or ADV part of original design? If YES, is it accessible from grade? Is it level and in good candition? PASt3 FAiL 0YES N an YES N YFS PProbing N YES �- _inches N FAIL' Page 9 UNYNOWN PAGE 03 % D Y�f'J-L'Yl3 05/03/2012 21:02 9636070 B R SEPTIC JUN, 35',2011 4:01PM ENVIRO HEALTH NA- RESOURCE /i'rlri.-T_ PAGE 04 NO. 749 P. 7 TANK: Tank ca acl Tank f gallons Tank gallons Tank3 gallons Tank material is the high water alarm working, both visible and audible? PASS FAIL SECONDARY TREATMENT Is a secondarytreatment unit present? YES UNKNOWN If YES, does the unit appear to be in good working candttton? YES NO aFcompartment3 rfq—' UNKNOWN Maintenance Provider:&2WL _ Phone: if there is na maartenance contract a cantratt mustbe in place prior to occupattey of the home. A copy of the coraxact;muct be submitted to Pit{un CountyEnvironmeatal Hcnith Department Date of last pumping Lida/rays in good eonclittion kimrsto rade (PAM) YES FAIL NO PASS YES FAIL Nd PASS YES FAIL NO Riser het t Riser Gond rVi n/waterti htnaa kdetsanimrVT/baflk+ FAIL PASS FAIL PASS FAIL outlet sankary T/btli4 Muentfilter rif part of dvWi n} VA PASS FA! FAIL N/ PASS PASS FAIL FAIL N/A PASS PASS FAIL FAIL N/A condition of tank matA!Aa!P i=AlL PASS PAIL PASS FAIL Tank was pumped far inspection —t"Y-E0 NO YES NO YES NO Scum level (Sstcompartment) ri inches Inthes inches Sludge level fist eomp&titnent} scum Ievel 2nd compartment) '' ep Inches inches inches inches inches inches Sludge level (2nd compartment) Backnow(Npum Mldtank baffle jr P FAIL inches PAIL, N/A PASS PASS FAIL inches fAIL N/A PASS PASS FAIL Inches FAIL NjA WatertigErtness PASS FAIL PASS PAIL PASS FAIL PUMPS/DoSING SIPNOtdS. Is a pump ordosingArphon present? YFS N if YES, istha pump/dosing siphon functioning properly? PASS FAIL Does the pump/wiring/do4ng siphon appear to be In good condition? PASS FAIL is the high water alarm working, both visible and audible? PASS FAIL SECONDARY TREATMENT Is a secondarytreatment unit present? YES UNKNOWN If YES, does the unit appear to be in good working candttton? YES NO Does the owner have a current maintenancecontractfortheunit? YES rfq—' UNKNOWN Maintenance Provider:&2WL _ Phone: if there is na maartenance contract a cantratt mustbe in place prior to occupattey of the home. A copy of the coraxact;muct be submitted to Pit{un CountyEnvironmeatal Hcnith Department ABSORBTION AREA: Effluent surfacing? Evidence of past surfacing? Surface dampness? Excessive odors? Field location verifled by observation ports or Probing.- Liquid robing=Liquid in observation port? If YES, record depth: Distribution Box or ADV part of original design? if YES, is It accessible from grade? Is it level and in good condition? VP FAIL YES YES Cao YE$ Ports Probing Aj/V YES inches YES .� UNKNOWN YES N PASS FAIL Page 2 05/03/2012 21:02 9636070 B R SEPTIC PAGE 05 JUN. 30.2011 4:01PM ENVIRO HEALTH NAT RESOURCE N0, i49 P. 3 Any problems with the system that ware not addressed in the inspection checkilst? please rtstany recommendadons for the continued use of the rystarn: Were any repairs done as a result of this Inspection? NO YES If YES, please describe the repairs. To th�e bestof my knowledge and training, the inforMati I collected in Pis inspection is qkcVate as of / �- - - 20, Lgo Licensed Systems InspectorSlgnazure: 2i z a x O'eeyr Additional Notes: Clearly,rabel aV pictures and attach them to this fdrm Rage 3 49 B & R Septic Service, Inc. Rooter & Jetting Service Video Inspection Service 0603 Handy Drive Carbondale, CO 81623 Bili TO Elam Construction Box 13 Woody Creek, CO 81656 Invoice _ Date Invoice # 2/29/2012 7613 M,qY 2 3 �01� P.O. No. Tenons Project Quwft Description Rate Amount Septic Inspection of all tanks 250.00 250.00 Service - installed 4" biotube on effluent line on the last tank of the RV 200.00 200.00 Park and replaced 10 ft of cast pipe with SDR35 PVC pipe on same line. Cast iron pipe was completely corroded and had to be replaced. Parts - filter & pipe 177.00 177.00T Sales Tax - Pitkin 3.40% 6.02 043'2 00-tb i o 2 - a S-- Thank f Thank you for your business. Carbondale Aspen _ Fax _ 9 _0_ Total �$`63 3.02(970) 963-3814 2059 0 MEMORANDUM To: Mike Kraemer, Planning Department From: Kurt Dahl, Environmental Health Department Date: April 2, 2013 Re: Elam/Vagneur Gravel Pit Annual Review (2013), (Case P006-13; 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 2012 Annual Report 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 2, 2013 with Mike Kraemer of the Pitkin County Community Development Department and Patrick Bourke and Gayle Lyman of Elam Construction, Inc. 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) on 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: Individual Sewage Disposal System (ISDS) Permit 89018 documents a system was approved for use of the office by 6 employees. This system consists of one 1000 gallon tank and two deep gravel trenches totaling approximately 100 square feet of absorption area. ISDS Permit 98063 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 two existing 1250 gallon tanks 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 absorption field was seeded in the fall of 2008, and large boulders were placed around it to prohibit vehicles from driving over the area. Printed on Recycled Paper An inspection of both septic systems was performed on February 1, 2012 by B&R septic service. The systems are in good condition. The inspector did recommend the installation of an effluent filter on the outlet side of the 3rd septic tank at the Camper Area. A receipt, dated February 29, 2012, was provided and indicated an effluent filter was installed in the 3rd tank and 10 feet of cast iron pipe was replaced. --- AIR QUALITY: A complaint was received by this office. Mike Kraemer and Kurt Dahl did a site inspection on August 29, 2012 in part to discuss the dust complaint. An investigation of the site included a visual inspection of the pit and a discussion of the requirements of the 2009 Resolution (Resolution 052_2009). The resolution states "the applicant shall water haul roads 4 times per day during dry conditions". The applicant was able to provide a log from the watering truck but it was difficult to determine compliance from this log. Based on the site visit recommendations were made to change the watering log to make it easier to read and determine if they are in compliance. The applicant was reminded the resolution requires watering 4 times per day in dry conditions. At the site inspection on April 2, 2013 the dirt berm closest to noise sampling point #8 had a straw mat covering it to help protect the seeded vegetation and to retain moisture. One of the dust complaints submitted to the applicant stated dust was coming off of the berm and the mat and future vegetation should resolve this issue. Emissions Permits issued by the Colorado Department of Public Health and Environment include: X610 Crusher: 97PO0820 V-755 Asphalt Plant: 09PI1168 Vagneur Pit: 13PI388-5 --- NOISE: Elam has developed a noise mitigation plan to address expansion of the pit and impacts on nearby neighbors whose lot lines are within 1000 feet of the pit boundaries. The plan proposes the use of berms surrounding the pit operations, locating the crusher within the excavated area of the pit, and modification of driving routes in the pit to minimize the use of back up beepers. Elam has also committed to replacing traditional back up alarms on their vehicles permanently assigned to the pit with white noise style back up alarms. --- CONFORMANCE WITH RESPECT TO OTHER ISSUES: The Colorado Department of Labor and Employment, Division of Oil and Public Safety performs inspections on the fuel storage areas. Elam does not receive documentation of the inspection. Extensive work was done in the summer of 2008 in the fuel storage areas as a result of some deficiencies found during a State inspection. --- WATER RESOURCES: Printed on Recycled Paper The area of the pit used for snow dumping in the winter is on a reclaimed area on the north end of the pit. 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: 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. The spikes that were present in the 2012 samples were not present in the 2013 samples. The applicant should pay attention to the sampling times and frequencies. The soil samples taken in February and June were not analyzed until August and may have been in storage too long. Storage of BTEX samples for 2 months or more before analysis may not be part of an approved method and staff is investigating this. The previous annual review required monthly water samples through October of 2012 and the applicant did not meet this requirement. Recommendation: This Department has no objection to continued operation, including minor amendments. 3 Printed on Recycled Paper TPH -�i To: Elam Construction Date: September 19, 2012 1225 South 7th Street No: ECA/ELAM 12-01 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Soil, VAG-S 12-01 Comments: Kept 4C till tested Parameters TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted for Enviro-Chem Analytical, Inc. Liw x q&MPSon Liese K_ Thompson Lab Director u,u'u25 Date Sampled: Feb. 23, 2012 Date Received: August 22, 2012 Date Tested: August 22 -Sept. 6, 2012 E:11 -loll ft 0.020 mg/Kg <0.050 mg/Kg <0.050 mg/Kg <0.050 mg/Kg <0.150 mg/Kg 0.012 mg/Kg 0.320 mg/K9 5.00 mg/Kg 1.00 mg/Kg 15.0 mg/Kg 0.0075 mg/Kg 0.008 mg/Kg <0.030 mg/Kg SEP 2 0 2012 E To: Elam Construction Date: September 19, 2012 1225 South 7th Street No: ECA/ELAM 12-03 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Soil, VAG-S12-03 Comments: Kept 4C till tested Parameters TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted for Enviro-Chem Analytical, Inc. Lime x 2fmnepsoX Liese K. Thompson Lab Director uJU027 Date Sampled August 22, 2012 Date Received: August 22, 2012 Date Tested: August 22 -Sept b, 2012 RESULTS <0.010 mg/Kg <O.050 mg/Kg <0.050 mg/Kg <0.050 mg/Kg <0.150 mgMg 0.004 mg/Kg 0.230 mg/Kg 3.00 mg/Kg 1.50 mg/Kg 14.0 mg/Kg 0.0086 mg/Kg 0.002 mg/Kg <0.030 mg/Kg SEP 8 0 2012 A] To: Elam Construction Date: September 19, 2012 1225 South 7th Street No: ECA/ELAM 12-02 Gland Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Date Sampled: June 7, 2012 Sample I.D.: Soil, VAG-S 12-02 Date Received: August 22, 2012 Comments: Kept 4C till tested Date Tested: August 22 -Sept. 6, 2012 RESULTS ' : e 77 t. TRPH <0.010 mg/Kg BTEX: Benzene <0.050 mg/Kg Toluene <0.050 mg/Kg Ethylbenzene <0.050 mg/Kg Xylenes, total <0.150 mg/Kg RCRA Arsenic 0.006 mg/Kg Barium 0.270 mg/Kg Cadmium 4.00 mg/Kg Chromium 1.30 mg/Kg Lead 44.0 mg/Kg Mercury 0.0108 mg/Kg Selenium 0.002 mg/Kg Silver <0.030 mg/Kg Results submitted for Enviro-Chem Analytical, Inc. Luau x Tkompson Liese K. Thompson Lab Director jj6j26 SEP 2 0 2012 ®_ ®_ NmBm �W .ii mg"4, CD �11111 OMAN offm -i#m EFIT#-,qm Eff-r-n-'s ME, T.#Z#m Offiyil#�Tm MOM jjjc;jr#�-fm VAGNEUR GRAVEL PIT SURFACE WATER SUMMARY OF ANALYTICAL RESULTS an ZMAN 2012 ®_ ®_ NmBm r�! mmcs# # .ii �11111 OMAN offm -i#m EFIT#-,qm Eff-r-n-'s ME, T.#Z#m Offiyil#�Tm MOM jjjc;jr#�-fm an ZMAN 0 1 M 11-71 Z 0 .1 1 1 M 0 FT,'7 M, 0 ff #To 77- Z 0 r- 1J 9 M 0 .1 # o -71, B off #T# 7w 0 C M 117.1 Z 0 .# M5M 0 al 1a 0 0 0 Z1 1 1 11 NFITZ"M or-ITIZA 0 WT,1-77 = 0 .i 11 E EMU,M ME oWNE EM, r#.—,, 0 NNMtY .1 I -7Z NOME1 IK ffiro-571.2 Or, MUM offiT,77m offiTill,"rm EM JAN 2 2 2013 To: Elam Construction 1225 South 7th Street Grand Junction, CO 81501 Date: Dec. 29, 2012 No: ECA/ELAM 12-11 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Soil, VAG-S12-04 Comments: Kept 4C till tested Parameters TPH BTEX: (EPA 8260) Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted for Enviro-Chem Analytical, Inc. Ue,w K. Thotgjon, Liese K. Thompson Lab Director OUG-828 Date Sampled: Dec. 5, 2012 Date Received: Dec. 6, 2012 Date Tested: Dec. 6-21, 2012 RESULTS 0.008 mg/Kg N.D. <0.0005 mg/Kg N.D. <0.001 mg/Kg N.D. <0.001 mg/Kg N.D. <0.003 mg/Kg 0.450 mg/Kg 21.0 mg/Kg 1.50 mg/Kg <0.050 mg/Kg 43.50 mg/Kg 0.000023 mg/Kg 0.009 mg/Kg 1.50 mg/Kg To: Elam Construction Date: September 19, 2012 1225 South 7th Street No: ECA/ELAM 12-05 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W12-01 Comments: Kept 4C till tested Parameters TRPH vp BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted for Enviro-Chem Analytical, Inc. Gun X I&Mpson Liese K. Thompson Lab Director jjOj3O Date Sampled: August 22, 2012 Date Received: August 22, 2012 Date Tested: August 22 -Sept. 6, 2012 RESULTS <1.000 mg/L <0.001 mg/L <0.001 mg/L <0.001 mg/L <0.003 mg/L <0.001 mg/L 0.032 mg/L <0.005 mg/L <0.010 mg/L <0.005 mg/L 0.00003 mg/L 0.008 mg/L <0.005 mg/L SEP 2 0 2012 D To: Elam Construction Date: September 19, 2012 1225 South 7th Street No: ECA/ELAM 12-06 Grand Junction, CO S 1501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W12-02 Comments: Dept 4C till tested Parameters TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium. Cadmium Chromium Lead Mercury Selenium Silver Results submitted for Enviro-Chem Analytical, Inc. Lion X 9fionpon Liese K. Thompson Lab Director ouoJ31 Date Sampled: August 22, 2012 Date Received: August 22, 2012 Date Tested: August 22 -Sept. 6, 20I2 RESULTS <1.000 mg/L <0.001 mg/L <0.001 mg/L <0.001 mg/L <0.003 mg/L <0.001 mg/L 0.027 mgIL <0.005 mgfL <0.010 mg/L <0.005 mg/L 0.00003 mg/L 0.007 mg/L <0.005 mg/L SFP 2 0 2012 To: Elam Construction Date: September 26, 2012 1225 South 7th Street No: ECA/ELAM 12-10 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W12-03 Comments: Kept 4C till tested Parameters TRPH Bim' Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted for Enviro-Chem Analytical, Inc. Lim X on Liese K. Tbompson Lab Director U00032 Date Sampled: Sept. 6, 2012 Date Received: Sept. 6, 2012 Date Tested: Sept. 6-23, 2012 RESULTS <1.,000 mg/L <0.001 mg/L <0.001 mg/L <0.001 mg/L <0.003 mg/L <0.001 mg/L 0.024 mg/L <0.005 mg/L <0.010 mg/L <0.005 mg/L 0.00003 mg/L 0.006 mg/L <0.005 mg/L To: Elam Construction Date: October 20, 2012 1225 South Wh Street No: ECAIELAM 12-8 Grand Junction, CO 81501 SAMPLE 1DENTiFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W12-W Comments: Kept 4C till tested Parameters TRPH ® BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted for Enviro-Chem Analytical, Inc. Loss x gkxIP n Liese K. Thompson Lab Director JJGJ33 Date Sampled: Oct. 4, 2012 Date Received: Oct. 4, 2012 Date Tested: Oct. 4-28, 2012 RESULTS <1.000 mgt <0.001 mg/L <0.001 mg/L <0.001 mg/L <0.003 mg/L 0.002 mg/L 0.044 mg/L <0.005 mg/L <0.010 mg/L <0.005 mg/L 0.00008 mg/L 0.006 mg/L <0.005 mg/L EI To: Elam Construction Date: November 14, 2012 1225 South 7th Street No: ECA/ELAM 12-9 Grand Junction, CO 81501 SAMPLE IDENTiFiCATiON Submitted by: Gayle Lyrnan Sample I.D.: Water, VAG-W12-05 Comments: Kept 4C till tested Parameters TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted for Enviro-Chem Analytical, Inc. Lieu x 71toapm Liese K. Thompson Lab Director ODUJ34 Date Sampled: Oct. 31, 2012 Date Received: Oct. 31, 2012 Date Tested: Oct. 31 -Nov. 7, 2012 RESULTS <1.000 mg/L <0.001 mg/L <0.001 mg/L <0.001 mg/L <0.003 mg/L 0.004 mg/L 0.037 mg/L <0.005 mg/L <0.010 mg(L <0.005 mgt 0.00006 mg/L 0.005 mg/L <0.005 mg/L MEMORANDUM To: Mike Kraemer, Planning Department From: Carla Ostberg, Environmental Health Department Date: March 6, 2012 Re: ElamNagneur Gravel Pit Annual Review (2012), (Case P007-12; Parcel ID #2643-161-02-010) SUMMARY OF RELEVANT PARTS OF APPLICATION: Elam Construction Inc. has submitted an application for a minor amendment to a development permit and annual review for the operation at the Vagneur pit. DISCUSSION: The Pitkin County Environmental Health Department has reviewed the details of the 2011 Annual Report 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 March 6, 2012 with Mike Kraemer of the Pitkin County Community Development Department and David Heilberger and Gayle Lyman of Elam Construction, Inc. Carla Ostberg with Pitkin County Community Development Department discussed some of the issues relating to Environmental Health with those who viewed the site by phone. --- 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) on 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: Individual Sewage Disposal System (ISDS) Permit 89018 documents a system was approved for use of the office by 6 employees. This system consists of one 1000 gallon tank and two deep gravel trenches totaling approximately 100 square feet of absorption area. ISDS Permit 98063 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 two existing 1250 gallon tanks with effluent distributed via a distribution box to 8 deep gravel trenches for a total of 1820 Printed on Recycled Paper square feet of absorption area. The area over the absorption field was seeded in the fall of 2008, and large boulders were placed around it to prohibit vehicles from driving over the area. A pump report dated April 7, 2008 was provided as evidence of ongoing maintenance of the existing systems. Preliminary inspections of both systems have been conducted by Roger Maynard, Pitkin County Licensed Systems Inspector. However, the inspection reports have not yet been submitted to Pitkin County Environmental Health. Through the course of the inspections, the inspector has verified the systems are functioning properly by checking the site conditions, the tank condition and components, absorption area condition via ground surface, distribution box, and inspection ports. When the inspections are finalized and the reports are submitted, environmental health staff will review the reports and make comments and recommendations based on the inspection findings. These reports should be submitted no later than August 31, 2012. --- AIR QUALITY: No complaints were received by this Department in the last year. Emissions Permits issued by the Colorado Department of Public Health and Environment include: X610 Crusher: 97PO0820 V-755 Asphalt Plan: 09PIl 168 Vagneur Pit: 13PI388-5 --- NOISE: Elam has developed a noise mitigation plan to address expansion of the pit and impacts on nearby neighbors whose lot lines are within 1000 feet of the pit boundaries. The plan proposes the use of berms surrounding the pit operations, locating the crusher within the excavated area of the pit, and modification of driving routes in the pit to minimize the use of back up beepers. Elam has also committed to replacing traditional back up alarms on their vehicles permanently assigned to the pit with white noise style back up alarms. --- CONFORMANCE WITH RESPECT TO OTHER ISSUES: The Colorado Department of Labor and Employment, Division of Oil and Public Safety performs inspections on the fuel storage areas. Elam does not receive documentation of the inspection. During the site visit, Mike Kramer observed the containment barriers at the fuel storage areas. Extensive work was done in the summer of 2008 in the fuel storage areas as a result of some deficiencies found during a State inspection. --- 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. The Applicant states that only two loads of snow were received for the 2011/2012 winter thus far. Panted on Pe, yded Paper 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: 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 these samples have been reviewed constituents were within the allowable applicable standards with the exception of cadmium in one of the water samples and arsenic and lead (all RCRA metals) in another water sample. These spikes were explained to Elam staff by Enviro-Chem analytical staff as isolated events, possibly influenced by increased turbidity in the sample. A letter of summary will be provided to environmental health department staff no later than August 1, 2012. Additionally, all sampling protocols will be reviewed for quality assurance and a plan will be created to identify any trending. This protocol may include re -sampling in the case of an exceedance. The protocol and sampling are in place to identify any potential risks to human health and the environment. Recommendation: This Department has no objection to continued operation, including minor amendments. Printed on Pecydcd Paper ELAM CONSTRUCTION, INC. VAGNEUR GRAVEL PIT NOISE MITIGATION PLAN On August 12, 2009, The Pitkin County Board of County Commissioners (BOCC) approved the Elam Construction, Inc. Special Review to expand the Vagneur Gravel Pit. This is documented by Resolution No. 052 — 2009. During Elam's annual review in front of the BOCC on April 27, 2011, the BOCC again granted approval of Elam's operation with Resolution No. 039-2011. This Resolution included a requirement that Elam develop a noise mitigation plan. Specifically, Condition No 6 states "The Applicant shall prepare a noise mitigation plan to address noise from backup beepers on Elam vehicles and noise emanating from the crusher. This plan shall be submitted with the 2022 annual review submission. INTRODUCTION The subject property, known as the Vagneur Gravel Pit, contains 104.72 acres and is split into two parcels. The larger parcel contains 98.33 acres and is currently permitted for and used for the extraction and processing of gravel product. Uses of this parcel also include an asphalt plant, concrete batch plant, and a crusher to process the aggregate. The smaller parcel contains 6.39 acres and is permitted for the use of truck/equipment storage and a seasonal campground. There is also a 1,000 gallon water storage tank and an overhead power line located within the smaller parcel. Both parcels, under common ownership and a single Parcel Identification Number, are within the boundaries of a sand and gravel mining permit issued by the State of Colorado Division of Reclamation Mining and Safety and Pitkin County. All current uses at this property have been approved by the appropriate State and the County regulatory agencies. Inherent with Elam's operation are noises associated with heavy equipment and processing of material. This plan will discuss ways to address noise associated with these activities. VEHICLE NOISE There are two primary sources of noise associated with heavy equipment in operation at Elam's Vagneur Pit. They are engine noise and a backup alarm. Engine noise is partially controlled through a muffler. Both the Occupational Safety and Health Administration (OSHA) and the Mine Safety Health Administration (MSHA) require construction vehicles be equipped with a backup alarm that warns workers that are potentially in a blind spot of the operator that the vehicle is backing up. These backup alarms must remain fully functional during operation of the equipment. The most common type of backup alarm produces a high pitch beeping noise. By replacing the traditional beeping back up alarm with a broad band or white noise back up alarm, the noise impact will be significantly less. Encouraging a traffic pattern that minimizes, or in some cases eliminates the back up movement of vehicles that incorporate back up alarms is another way to reduce noise. 6UUJ.L5 CRUSHER NOISE The primary source of noise from crushers originates from the crushing process of turning large rocks into smaller rocks. This is accomplished by using steel jaws break apart the larger rocks. Mitigation for crusher noise is limited. Following are some methods to reduce the impact of noise to surrounding residences: • Use of berms around the perimeter of the operations • Location of crusher within the pit excavation. By operating within an excavated hole, the noise utilizes natural barriers as a means of noise reduction CONCLUSION Elam has committed to replace traditional beeping backup alarms on their vehicles permanently assigned to the pit operations with the white noise style back up alarms. This replacement is currently implemented on permanently assigned equipment, and will continue into the future. Elam has encouraged truck drivers, including non -Elam trucks, arriving at the pit to receive a load of material or deposit a load if import material to drive through and not execute a back up maneuver. Although this practice can work in some cases, there will be circumstances that prevent a drive thru practice and a back up maneuver is the only means to access a location within the pit. The use of berms surrounding the pit operations and locating the crusher within the excavated area of the pit is currently implemented by Elam. By operating within an excavated hole, the noise utilizes natural barriers as a means of noise reduction. Figure 1- Aerial Photo Detailing the Expansion Area, Property Boundary and Permit Boundary are identical.. This photo was taken before construction of Braun residence - Cl duo -J-09 11 -6 A ENVIRO-CHEM ANALYTCAL. INC ANALYTICAL TESTING LABORATORY 685 W Gunnison, suite tt08. Grand ;unction, CO 81501-7249, (970) 242-8154, FAX (970) 245-9270 To: Elam Construction 1225 South 7th Street Grand Junction, CO 81501 Date: April 26, 2011 No: ECA/ELAM 11-02 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Soil, VAG-S 11-01 Comments: Kept 4C till tested Parameters TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium Cadmium Chromium Lead Mercury Selenium Siler Results submitted for Enviro-Chem Analytical, Inc. Liese x Thompson Liese K. Thompson Lab Director Date Sampled: April 21, 2011 Date Received: April 22, 2011 Date Tested: April 22-26, 2011 RESULTS 0.012 mg/Kg <0.001 mg/Kg <0.005 mg/Kg <0.005 mg/Kg <0.005 mg/Kg 0.600 mg/Kg 1.454 mg/K' 1-00 mg/Kg 1.30 mg/Kg 16.0 mg/Kg 0.0002 mg/Kg 0-051 mg/Kg 0.035 mg/Kg ENVIRO-CHEM ANALYTICAL INC ANALYTICAL TESTING LABORATORY 685 vV Gunnison. Suite x108, Grand Junction, CO 81501-7249 i4 -,0i 242-6154 FAX 19701245-9270 To: Elam Construction Date: June 12, 2011 1225 South 7th Street No: ECA/ELAM 11-05 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Soil, VAG-S11-02 Comments: Kept 4C till tested Parameters TRPH ® BTEX: Benzene Toluene Ethylbenzene Xylenes, total RC RA Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted for Enviro-Chem Analytical, Inc. Liese X 2liompson Liese K. Thompson Lab Director 'UuGj.L8 Date Sampled: May 26, 2011 Date Received: May 26, 2011 Date Tested: May 31 -June 7, 2011 RESULTS 0.016 mg/Kg <0.001 mg/Kg <0.005 mg/Kg <0.005 mg/Kg <0.005 mg/Kg 0.454 mg/Kg 2.267 mg/Kg 2.00 mg/Kg 8.00 mg/Kg 49.5 mg/Kg 0.0052 mg/Kg 0.051 mg/Kg 0.800 mg/Kg ENVIRO-CHEM ANALYTICAL INC SEP 0 7 ANALYTICAL TESTING LABORATORY 685 W Gunnison. Swte m8. Grand Just;hon. Co 811,01-7249 18701242-6154 FAX 07M 245-027n To: Elam Construction Date: Aug. 27, 2011 1225 South 7th Street No: ECA/ELAM 11-8 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Soil, VAG-S11-03 Comments: Kept 4C till tested Parameter TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Metals: Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted by Enviro-Chem Analytical, Inc. .0,,40" lig. `11>�icjs " Liese K. Thompson Lab Director uU0J.L'-) Date Sampled: July 18, 2011 Date Received: July 18, 2011 Date Tested: July 18-25, 2011 RESULTS 0.012 mg/Kg <0.001 mg/Kg <0.005 mg/Kg <0.005 mg/Kg <0.005 mg/Kg 0.050 mg/Kg 0.750 mg/Kg 2.10 mg/Kg 5.20 mg/Kg 14.50 mg/Kg 0.00238 mg/Kg 0.180 mg/Kg 0.500 mg/Kg • c: ENVIR4-CHEM ANALYTICAL INC ANALYTICAL TESTING LABORATORY 685 W Gunnison, suite 4108 Grand Junction, CC 81501-7,44 +9701 21422-6154 FAX 10701 ?35-4270 To: Elam Construction Date: Nov. 2, 2011 1225 South 7th Street No: ECA/ELAM l I-10 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample 1.D.: Soil, VAG-S 11-04 Comments: Kept 4C till tested Parameter TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Metals: Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted by Enviro-Chem Analytical. Inc. 2cede k. 41"ispdc" Liese K. Thompson I.ab Director bucJ2J Date Sampled: Sept. 30, 2011 Date Received: Oct. 3, 2011 Date Tested: Oct. 3-26, 2011 RESULTS 0.018 mg/Kg <0.001 mg/Kg <0.005 mg/Kg <0.005 mg/Kg <0.005 mg/Kg <0.020 mg/Kg 12.50 mg/Kg 2.00 mg/Kg 10.00 mg/Kg 18.00 mg/Kg 0.00151 mg/Kg 0.205 mg/Kg 0.500 mg/Kg Jan 30 12 04:02p Enviro Chem Analytical t ENVIRO-CHEM ANALYTICAL, WC. 9702459270 p.2 ANALYTICAL TESTING LABORATORY 685W G.,nrKon, S.rie 4108. Oland Juntlron, = 8150-7249.1970) 242.6154, FAX ;9701 245-92?D To: Elam Construction Date: January 27, 2012 1225 South 7th Sweet No: ECA/ELAM 11-15 Grand Junction., CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Date Sampled: Dec. 6, 2011 Sample I.D.: Soil, VAG-S 11-05 Date Received: Dec. 15, 2011 Comments: Kept 4C till tested Date Tested: Dec. 22, 2011- Jan. 15, 2012 RESULTS Parameter TPH 0.010 mg/Kg BTEX: Benzene Toluene Ethylben2ene Xylenes, total RCRA. Metals: Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted by Enviro-Chem Analytical, Inc. Liese K. T urupson Lab Director juG-1121 <0.001 mg/Kg <0.005 mg/Kg <0.005 mg/Kg <0.005 mg/Kg 0.032 mg/Kg 191 mg/Kg 1.15 mg/Ka 4.80 mg(Kg 13.50 mg/Kg 0.0037 mg[Kg 0.167 mg/Kg 0.460 mg/Kg 0 IL U U'u, j "_1 2 ENVIRO-CHEM ANALYTICAL, INC ANALYTICAL TESTING LABORATORY 685 W Gunnison. Suite #108. Grand Junction, CO 81501 .7249. ;970) 242.6154, FAX (970) 245-9270 To: Elam Construction Date: April 26, 2011 1225 South 7th Street No: ECA/ELAM 11-03 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W11-01 Comments: Kept 4C till tested Parameters TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium - Cadmium Chromium. Lead Mercury Selenium Silvgr Results submitted for Enviro-Chem Analytical, lnc. Liese x Thompson L,iese K. Thompson Lab Director Date Sampled: April 21, 2011 Date Received: April 22, 2011 Date Tested: April 22-26, 2011 RESULTS <0.002 mg/L <0.0005 mg/L <0.001 mg/L <0.001 mg/L 0.0026 mg/L <0.001 mg/L 0.085 mg/L 0.01 mg/L <0.010 mg/L. <0.005 mg/L 0.00007 mg/L 0.022 mg/L -0.005 mg/L <") -0 0-1 N� � 0 9-1-1 ENVIRO-CHEM ANAL(TICAL INC ANALYTICAL TESTING LABORATORY 6a5 W Guri Suite #108. Grand Junction CO 81501-7244 19701 242.6154 FAX 1470, �145-9270 To: Elam Construction Date: June 12, 2011 1225 South 7th Street No: ECA/ELAM 11-04 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W 11-02 Comments: Kept 4C till tested Parameters TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Date Sampled: May 26, 2011 Date Received: May 27, 2011 Date Tested: May 31, 2011 RESULTS <0.002 mg/L <0.0005 mg/L, <0.001 mg/L <0.001 mg/L 0.0021 mg/L. Arsenic <0.001 mg/L. Barium 0-076 mga-- Cadmium — <() I - Chromium <0.010 mg/L Lead 0.005 mg/L Mercury 0.00004 mg/L Selenium 0.024 mg/l. Silver - 0.005 mg/1. Results submitted for Enviro-Chem Analytical, Inc. Luse X 41ompson Liese K. Thompson Lab Director uuu23 A 10 ENVIRO-CHEM ANALYTICAL INC UvjU C—Li 07 21111 ANALYTICAL TESTING LABORATORY 685 W r1unr4son Suite 9108 Grand Junction Co 81501.7-14? 19701 242.6154 FAX (970j _45 9270 To: Elam Construction Date: Aug. 27, 2011 1225 South 7th Street No: ECA/ELAM 11-6 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W] 1-03 Comments: Kept 4C till tested Parameter TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Metals: Arsenic Barium Cadmium Chromium Lead Mercury Selenium Siler Results submitted by Enviro-Chem Analytical, Inc. .Pie" <. CIAOMP40i Liese K. Thompson Lab Director Date Sampled: July 18, 2011 Date Received: July 18, 2011 Date Tested: July 18-25, 2011 RESULTS <0.002 mg/L <0.0005 mg/L <0.001 mg/L <0.001 mg/L 0.002 mg/L 0.005 mg/L 0.041 mg/L <0,005 mg/L <0.010 mg/I, <0.005 mg/L 0.00005 mg/L 0.013 mg/L. 0.Otl5 mg/l. r 1 u El ENVIRO-CHEM ANALYTICAL INC ANALYTICAL TESTING LABORATORY 685 W Gur raison Suite 4108, Grand Junction Co 81501-7,4g 1970) 242.6154 FAX 19701245-11270 To: Elam Construction 1225 South 7th Street Grand Junction, CO 81501 Date: Sept_ 16. 2011 No: ECA/ELAM 11-9 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W 11-04 Comments: Kept 4C till tested Parameter TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Metals: Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted by Enviro-Chem Analytical. Inc. Mede JCS. `I"Mr"rc Liese K. Thompson Lab Director LjuCJ25 Date Sampled: August 17, 2011 Date Received: August 18, 2011 Date Tested: August 18-26, 2011 RESULTS <0.002 mg/L <0.0005 mg/L <0.001 mg/L <0.001 mg/L <0.001 mg/L 0.004 mg/L <0.10 mg/L <0.005 mg/L <0.010 mg/L 0.010 mg/L 0.00005 mg/L 0.031 mg/l. —0.005 1 wl , ENVIRO-CHEM 4raALYTiCAI. iNC ANALYTICAL TESTING LABORATORY 685 W Gunnison Swte x108, Grand Junctwn, CO 81501-72-9 1970} �14; -6154 FAX 9'01 -'45-9270 To: Elam Construction Date: Nov. 2, 2011 1225 South 7th Street No: ECA/ELAM 11-11 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAU-W11-05 Comments: Kept 4C till tested Parameter TRPH BTEX: Bo=ne Toluene Ethylbenzene Xylenes, total RCRA Metall: Arsenic Barium Cadmium Chromium -,�,l,ead Mercury Scicniu , silver Results submitted by Enviro-Chem Analytical, Inc. Liese K. Thompson Lab Director Date Sampled: Sept. 30, 2011 Date Received: Oct. 3, 2011 Date Tested: Oct. 3-26, 2011 RESULTS <0.002 mg/L <0.0005 mg/i, <0.001 mg/L <0.001 mg/I. <0.401 mg/L 0-030 mg/L. (" 0.50 mg/l, v` 0.005 mgff <0.010 zng/L S 0.070 mg/L 0.00001 mg/L 0.008 mg/L `--0.005 mgA. �S ANALYTICAL TESTING LABORATORY 685 W. Gunnison, Suite 11108, Grand Junction, CO 81501-7249, (970) 242-6154, FAX (970) 245-9270 To: Elam Construction Date: April 26, 2011 1225 South 7th Street No: ECA/ELAM 11-02 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Date Sampled: April 21, 2011 Sample I.D.: Soil, VAG-S 11-01 Date Received: April 22, 2011 Comments: Kept 4C till tested Date Tested: April 22-26, 2011 RESULTS Parameters TRPH 0.012 mg/Kg -1(9 BTEX: 1.454 mg/Kg `S - - Benzene <0.001 mg/Kg 0. 1-1 Toluene <0.005 mg/Kg 1� Ethylbenzene <0.005 mg/Kg 1 o -1 .3 Xylenes, total <0.005 mg/Kg 1�0 0 I' •71 Arsenic 0.600 mg/Kg -1(9 Barium 1.454 mg/Kg Cadmium 1.00 mg/Kg " 3 Chromium 1.30 mg/Kg Lead 16.0 mg/Kg 4 0 O Mercury 0.0002 mg/Kg -� Selenium 0.051 mg/Kg Silver 0.035 mg/Kg Results submitted for Enviro-Chem Analytical, Inc. Liese X ghmpson Liese K. Thompson Lab Director t ENVIRO-CHEM ANALYTICAL. INC. ANALYTICAL TESTING LABORATORY 685 W. Gunnison, Suite #108, Grand Junction, CO 81501-7249. (970) 242-6154, FAX (970) 245-9270 To: Elam Construction Date: June 12, 2011 1225 South 7th Street No: ECA/ELAM 11-05 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Date Sampled: May 26, 2011 Sample I.D.: Soil, VAG-S11-02 Date Received: May 26, 2011 Comments: Kept 4C till tested Date Tested: May 31 -June 7, 2011 RESULTS Parameters TRPH 0.016 mg/Kg 43 1WA Benzene <0.001 mg/Kg Toluene <0.005 mg/Kg Ethylbenzene <0.005 mg/Kg Xylenes, total <0.005 mg/Kg RCRA Arsenic 0.454 mg/Kg Barium 2.267 mg/Kg Cadmium 2.00 mg/Kg Chromium 8.00 mg/Kg Lead 49.5 mg/Kg Mercury 0.0052 mg/Kg Selenium 0.051 mg/Kg Silver 0.800 mg/Kg Results submitted, for Enviro-Chem Analytical, Inc. Liese X gUmpson Liese K. Thompson Lab Director i -A ENVIRO-CHEM ANALYTICAL, INC. SEP 0 7 ANALYTICAL TESTING LABORATORY 685 W. Gunnison, Suite #108, Grand Junction. CO 81501-7249. (970) 242-6154, FAX (970) 245-9270 To: Elam Construction Date: Aug. 27, 2011 1225 South 7th Street No: ECA/ELAM 11-8 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: AG -S 11-03 Comments: Kept 4C till tested Date Sampled "f8, 2011 Date Received: July 18, 2011 Date Tested: July 18-25, 2011 RESULTS Parameter TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Metals: Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted by Enviro-Chem Analytical, Inc. 241?4e k. 'FAGOT 400t Liese K. Thompson Lab Director 0.012 mg/Kg <0.001 mg/Kg <0.005 mg/Kg <0.005 mg/Kg <0.005 mg/Kg 0.050 mg/Kg 0.750 mg/Kg 2.10 mg/Kg 5.20 mg/Kg 14.50 mg/Kg 0.00238 mg/Kg 0.180 mg/Kg 0.500 mg/Kg t ENVIR4-CHEM ANALYTICAL INC. ,._ ANALYTICAL TESTING LABORATORY 685 W. Gunnison, Suite #108, Grand Junction, CO 81501-7249, (970) 242-6154, FAX (970) 245-9270 To: Elam Construction Date: April 26, 2011 1225 South 7th Street No: ECA/ELAM 11-03 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W 11-01 Comments: Kept 4C till tested Parameters TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silvpr Results submitted for Enviro-Chem Analytical, Inc. Liese X Thompson Liese K. Thompson Lab Director Date Sampled: April 21, 2011 Date Received: April 22, 2011 Date Tested: April 22-26, 2011 RESULTS <0.002 mg/L <0.0005 mg/L <0.001 mg/L <0.001 mg/L 0.0026 mg/L <0.001 mg/L 0.085 mg/L 0.01 mg/L <0.010 mg/L <0.005 mg/L 0.00007 mg/L 0.022 mg/L <0.005 mg/L t ENVIRO-CHEM ANALYTICAL. INC ANALYTICAL TESTING LABORATORY 685 W. Gunnison, Suite #108, Grand Junction, CO 81501-7249. (970) 242-6154, FAX (970) 245.9270 To: Elam Construction Date: June 12, 2011 1225 South 7th Street No: ECA/ELAM 11-04 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W11-02 Comments: Kept 4C till tested Parameters TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total Date Sampled: May 26, 2011 Date Received: May 27, 2011 Date Tested: May 31, 2011 RESULTS <0.002 mg/L <0.0005 mg/L <0.001 mg/L <0.001 mg/L 0.0021 mg/L Arsenic <0.001 mg/L Barium 0.076 -- Cadmium <0,005wgfL Chromium <0.010 mg/L Lead <0.005 mg/L Mercury 0.00004 mg/L Selenium 0.024 mg/L Silver <0.005 mg/L Results submitted for Enviro-Chem Analytical, Inc. Giese X qfiompson Liese K. Thompson Lab Director 2013 ANALYTICAL TESTING LABORATORY 685 W. Gunnison, Suite #108, Grand Junction, CO 81501-7249.(970) 242-6154, FAX (970) 245-9270 To: Elam Construction Date: Aug. 27, 2011 1225 South 7th Street No: ECA/ELAM 11-6 Grand Junction, CO 81501 SAMPLE IDENTIFICATION Submitted by: Gayle Lyman Sample I.D.: Water, VAG-W11-03 Comments: Kept 4C till tested Parameter TRPH BTEX: Benzene Toluene Ethylbenzene Xylenes, total RCRA Metals: Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Results submitted by Enviro-Chem Analytical, Inc. .. ie4e k. <1400waoi Liese K. Thompson Lab Director 1 Date Sampled: July 18, 2011 Date Received: July 18, 2011 Date Tested: July 18-25, 2011 RESULTS <0.002 mg/L <0.0005 mg/L <0.001 mg/L <0.001 mg/L 0.002 mg/L 0.005 mg/L 0.041 mg/L <0.005 mg/L <0.010 mg/L <0.005 mg/L 0.00005 mg/L 0.013 mg/L <0.005 mg/L MEMORANDUM To: Mike Kraemer, Planning Department From: Carla Ostberg, Environmental Health Department Date: April 12, 2011 Re: ElamNagneur Gravel Pit Annual Review (2011), (Case P005-11; Parcel ID #2643-161-02-010) SUMMARY OF RELEVANT PARTS OF APPLICATION: Review the operation at the Elam site and the 2010 Annual Report for the Vagneur Gravel Pit. DISCUSSION: The Pitkin County Environmental Health Department has reviewed the details of the 2010 Annual Report 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 8, 2011 with Carla Ostberg and Mike Kraemer of the Pitkin County Community Development Department, GR Fielding of Pitkin County Public Works Department, and David Heilberger of Elam Construction, Inc. --- 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) on 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: Individual Sewage Disposal System (ISDS) Permit 89018 documents a system was approved for use of the office by 6 employees. This system consists of one 1000 gallon tank and two deep gravel trenches totaling approximately 100 square feet of absorption area. ISDS Permit 98063 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 two existing 1250 gallon tanks 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 absorption field was seeded in the fall of 2008, and large boulders were placed around it to prohibit vehicles from driving over the area. Printed on Recycled Paper A pump report dated April 7, 2008 was provided as evidence of ongoing maintenance of the existing systems. Suggestions for continued maintenance of existing onsite wastewater treatment systems (OWTSs): • Systems should be inspected by a Pitkin County Licensed Systems Inspector. A list of inspectors can be found on Pitkin County's website www.aspenpitkin.com/ehnr. Link to pdf: http://www.aspenpitkin.com/Portals/0/docs/county/Com%2ODev/EHNR/OWTS inspector list report.pdf Through the course of the inspection, the inspector will verify if the system is functioning properly by checking the site conditions, the tank condition and components, absorption area condition via ground surface, distribution box (if applicable), and inspection ports if they exist. The inspector will also determine if the tank needs to be pumped. This determination can be made by measurement of scum and sludge in the primary tank. For example, if the measurement indicates that the sludge and scum layer make up 25-30% of the tank capacity, the tank should be pumped. • An effluent filter should be installed on the outlet tee of the primary tank (1St tank in series) and checked and cleaned, if necessary, as part of the inspection. • The distribution box on the RV Park system should be located, if possible, and brought to grade with risers to allow for inspections and access. --- AIR QUALITY: No complaints were received by this Department in the last year. Emissions Permits issued by the Colorado Department of Public Health and Environment include: X610 Crusher: 97POO820 V-755 Asphalt Plan: 09PI1168 Vagneur Pit: 13PI388-5 --- NOISE: This Department received one complaint in the last year. The complaint occurred on or around November 4, 2010, after the plant had shut down for the year, but during a time of high truck traffic from import material and aggregate sales. The Elam's Area Manager took a noise reading at the property and found them not to exceed 55dB. Carrington Brown, Pitkin County Enforcement Officer, also addressed a complaint on November 18, 2010, but observed no activity at the plant. Elam has developed a protocol for conducting noise monitoring. The protocol includes noise measurements at various locations along the property boundary during mining operations. The results are documented in a field logbook and kept on site. Elam is also discussing an extension of a berm adjacent to the Braun property in order to be proactive in addressing noise impacts to that property. Printed on Recycled Paper --- CONFORMANCE WITH RESPECT TO OTHER ISSUES: The Colorado Department of Labor and Employment, Division of Oil and Public Safety performs inspections on the fuel storage areas. Elam does not receive documentation of the inspection. During our site visit, the containment barriers at the fuel storage areas appeared to be in good condition and no stained soil was observed at that time. Extensive work was done in the summer of 2008 in the fuel storage areas as a result of some deficiencies found during a State inspection. --- WATER RESOURCES: The area of the pit used for snow dumping in the winter was clean and well maintained at the time of the site visit. There was still standing water in the area where the majority of snow was dumped. 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: 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 these samples have been reviewed and all constituents were within the allowable applicable standards with the exception of arsenic and barium (RCRA metals) in several of the surface water samples. New snow dump sampling protocols have recently been adopted; therefore, continue to work with the Community Development Department utilizing these newly adopted standards. It should be noted that arsenic and barium are not constituents required to be tested under the new protocol. Recommendation: This Department has no objection to continued operation. Printed on RecycW Paper RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 1 OF 47, R $0.00 Janice K. Vos Caudill, Pitkin County, CO RECEPTION#: 563795,10121/2009 at 02:31:25 PM, 1 OF 47, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF °IT14? BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE ELAM CONSTRUCTION, INC. SPECIAL REVIEW TO EXPAND THE VAG'.NEUR GRAVEL PIT Resolution No.Xr -2009 RECITALS 1. Elam Construction Inc. (Applicant) submitted an application to the Pitkin County Board of County Commissioners (BOCC) to expand the Vagneur gravel pit from the west to the east and maintain the terns of operation for 20 years (plus one year for reclamation) for the sand and gravel extraction operation and the asphalt hot mix/concrete operation. 2. The property is located in Woody Creek across from the Woody Creek Mobile Home Park and is more specifically described in Exhibit A. 3. The Elam operation was granted Special Review approval by BOCC pursuant to Resolution Nos.88- 47 and 99-69. BOCC Resolution No. 129-2006 approved an identical expansion request described above however, District Court Order Case Number P06 CV 230 vacated Resolution No. 129-2006. The Order remanded the matter back to the BOCC for further proceedings consistent with the order. 4. The BOCC reviewed the application at a duly noticed public hearing on June 24, 2009 and a continued public hearing on August 12, 2009, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the application meets the provisions of Section 3-250 of the Pitkin County Land Use Code. 6. The BOCC father finds that the 1000' setback requirement for a gravel pit from a residence can be reduced to 480' and will result in substantially the same or less impact due to unique site features, the nature of the equipment that will be utilized, and mitigation efforts employed. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Elam Sand and Gravel Pit and Asphalt/Hot Mix/Concrete plant request for expansion and a 20 year extension of the Special Review approval of their operations, subject to the following conditions: 1. Material Representations: Representations made by the Applicant thereafter referred to as the ("Operator") within its application and as amplified or expanded by the Operator's representations during the processing thereof, will be adhered to by the Operator unless otherwise expressly provided in this resolution. 2. Areas Covered by the Permit: The gravel permit agreement shall apply to those areas in the legal description attached hereto as Exhibit A. 3. Cessation of Activities: The operator agrees to remove all stockpiled gravel and all facilities necessary for such removal within 360 (three -hundred sixty) days of the termination of this permit and to remove, within one -hundred eighty (180) days after termination, the hot -mix asphalt plant and concrete batch plant and all other building improvements, equipment and materials created, constructed or installed pursuant to this permit, or pursuant to or prior to subsequent permits or approvals. 4. Hours of Operation: The permitted operations, and facilities, specifically including the asphalt hot -mix plant, concrete batch plant, mining, equipment mobilization, and rock crushing may RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 2 Or 47, Janice K. Vos Caudill, Pitkin County, CO BOCC Radurton .va� 1009 Page Z orb commence no earlier than TDO A.M. and shall cease no later than 7:00 P.M. However, deliveries to the site may occur after 6:00 A.M. Operations Shall be limited to -Monday through Saturday. 5. Required Performance Standards: The Operator shall conduct its operations in accordance with the following standards: A. Drainage: Surface run-off shall be contained entirely within the site, including run-off from storm or moisture situations, as more fully described. Prior to the initiation of Phase 11, the Applicant shall provide a specific drainage plan for the eastern edge of the operation as it relates to the drainage into Woody Creek. The plan shall be submitted for review and approval to the County Land Use Engineer and Environmental health and Natural Resources. B. Air Pollution: Smoke and dust originating from the operation of the asphalt plant, concrete batch plant and gravel operation shall be controlled as follows: 1) County and State Air Pollution Regulations, whichever are most stringent now or hereafter adopted shall be strictly observed. Violations shall be subject to fines and/or orders to cease and desist operations. 2) Sprinkler systems for pollution control shall be kept in good repair and function properly at all times 3) Operations shall be conducted in such a mariner as to prevent damage to forest and agricultural resources by air pollutants resulting from such operation. 4) The Operator shall utilize its best efforts to follow up and eliminate escape of noxious and offensive odors and fumes from the site. C. Water Pollution: Discharge of muddy water, resulting from dust and smoke suppression measures or otherwise shall not be permitted, but the same shall be drained to settling and percolation ponds. The water table or water quality thereof shall not be degraded or altered without study and separate approval of the Board of County Commissioners of Pitkin County, Colorado. Operations shall be conducted sufficiently above the water table to prevent any contamination of ground water. D. Noise: Noise from the operation as measured at any point on the property line of the property shall be governed by applicable Pitkin County noise abatement ordinances. Additionally, the Sound Level Monitoring Protocol (Exhibit C) shall be adhered to, and discriminating back-up signals shall be utilized by the Operator's equipment and trucks. F. Scenic Values: Operator shall harmonize operations with scenic values through such measures as the design and location of operating facilities, including roads and other means of access, vegetative screening of operations, and construction of structures and improvements which blend with the landscape. Berms shall be constructed to scroen operations. Adequacy and diligence of such measures shall be the subject of the Operator's report and annual hearing procedures. F. General Environmental Requirements: At all times the Operator shall take such measures as will prevent or control on-site and off-site damage to the environment including, but not limited to: l) Control of erosion and prevention of landslides; 2) Prevention of water nm -off, 3) As part of the annual report the Operator shall provide a detailed report inventorying toxic materials and disposal thereof as required by federal regulations. 4) Elimination of hazards to public health and safety; 5) Restoration of fisheries and wildlife habitat in surface water bodies; RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 3 OF 47, Janice K. Vos Caudill, Pitkin County, CO aocceuor.,. No.651 2009 Page 3 of 6) Stabilization of access roads by proper grading, drainage control, surface treatment and vegetation G. Water Supply: Adequate water supply will be provided to meet Pitkin County Land Use Regulations. 6. Revegetation and Reclamation: A. Reclamation for Phase 1 shall be in accordance with the approved reclamation plan as described in the text of the application submitted to the Planning Office on December 15, 1987 and consistent with Exhibit 3 of BOCC Resolution No. 88-47. Reclamation for Phase 2 shall be in accordance with the approved reclamation plan as submitted in 2006 and approved in 2009. B. Revegetation must be accomplished as soon as practicable after work has been completed in an area where the Operator has concluded its work. The intent of this provision is that exposed slopes shall be rehabilitated and revegetated at the earliest possible date. C. Pitkin County recognizes that the State of Colorado's Mined Land Reclamation Board will require a bond for revegetation. So as not to duplicate said bonding Pitkin County will not require a bond at this time. However, Pitkin County shall review bonding and reclamation provisions and progress thereunder at each of its annual hearings, and reserves the power to impose additional reclamation provisions or require additional security to assure proper reclamation and revegetation. Should reclamation plans or the bonding provisions prove to be unsatisfactory, the County may require a bond of an amount per acre of land to be disturbed which is reasonable to cover the costs of reclamation and revegetation. This permit shall be null and void if the bond is not furnished and the permittee shall cease all work hereunder. 7, Control of River Road Traffic: The Operator shall use its best efforts to minimize the impacts of truck traffic on the River Road access to the subject property. The operator agrees that truck traffic entering and leaving the Elam site shall exclusively utilize the new access road rather than the old River Road access road. The operator shall control access within the permit site to discourage use of the old River Road access road by trucks entering and leaving the site. These provisions shall be evaluated at the annual hcaring, and may be modified by the Board 8. Camper Area: Camper spaces shall be provided for a maximum of 20 campers. Campers shall only be on site from April 1" to December I' of each year. Use shall be restricted to temporary, short-term, seasonal use by employees of the Operator only using campers, and not for longer- term housing, mobile homes or other forms of habitation, except for the mobile home utilized to provide year-round security, which may be occupied by the Security employee and his family. Camper use is accessory only and shall be terminated in accordance with paragraph 3 of this resolution 9. Weed Control: Operator shall abide by the weed control program described in Exhibit 5 of Resolution No, 88-47 which may be amended as provided by paragraphs 6 A, B and C hereof, or operation of law. 10. Term of Permit: Operator's long-term Sand and Gravel and Asphalt/Hot Mix Concrete Plant permit, and special use approvals thereof, shall expire twenty (20) years after the approval of this resolution, unless sooner terminated or extended pursuant to Code. RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 4 OF 47, Janice K. Vos Caudill, Pitkin County, CO ROCC Resolution No6sL 2009 Page 4 of 6 11. Non -Discrimination: Operator agrees that no discrimination shall be shown to any purchaser within the County, but this provision shall not prevent the Operator from giving quantity discounts or refusing to sell gravel to operators who access or leave the gravel pit via the River Road access road or refusing to sell gravel to Operators with poor current credit standing. 12. The Water Resource Protection Plan dated September 1, 2006, shall be adhered to (attached as Exhibit B), 13. Crusher operations shall be limited to the dates of April l through November 25 of each year. Any required extensions beyond these dates must be approved by the BOCC in consultation with the Woody Creek Caucus. 14. Any asphalt plants and/or rock crushers must be permitted by the Colorado Department of Public Health and environment and stay in compliance with conditions ofthe permit 15. Fugitive dust from the pit operations must be contained to maintain compliance with applicable state standards, 16. Night time operations beyond the standard allowed operating hours shall be permitted under the following parameters: A There may be a maximum of 10 nighttime operations in any one calendar year at the Elam Asphalt/Hot Mix Plant in which operational hours may be extended to include 7:00 p.m. until 7:00 am. as well as normal daytime operating hours. These 10 nights can only be to accommodate publicly owned projects. The Operator shall notify Pitkin County, the W/J Homeowners Association, and the Woody Creek Caucus, in ,writing, as to approximately when and how long the operations will be conducted at least 72 hours prior to commencement of the nighttime operations. B. This approval shall be limited to a maximum of 40 truck loads per night. C. A traffic control plan shall be submitted to the County Engineer which will include suitable methods for providing warnings, information, and signage (including lighted warning signs) to persons using County roads and bike trails in the vicinity of the truck activity area D. The Operator, in conjunction with the public project owner shall implement a public information/notification plan utilizing at least the follow mediums of communication_ public service announcements, newspaper notices, and neighborhood newsletters to alert affected residents and other travelers of potential delays and hazards. E. There shall be no gravel extraction, crushing, processing, nor stockpiling during the extended nighttime hours. F. The Operator must comply with all noise and air quality standards at the plant. G. Trucks shall not use "Jake" brakes during nighttime operations except in an emergency situation 18. The Applicant shall control dust to be substantially the same or less than 14.0 µg/cu. meter of dust at the 480' residence under normal operating conditions. To ensure this, the Applicant shall water haul roads 4 times per day during dry conditions and water the northern portion of Phase 2 within 1000' of the residence, as needed during mining operations. 19. To mitigate additional noise impact, the Applicant shall maintain a IS' — 25' natural berm along the eastern facing slope isolating the mining area from the 480' residence to reduce noise. The RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 5 OF 47, Janice K. Vos Caudill, Pitkin County, CO BoCC Resolution I.'a. 6 S2 2009 Page S of 6 Applicant shall also limit the use of the Cat 966 loader or similar machine to at or below the 7403 elevation in the northern arca of Pbase 2, where the former topsoil stockpile was to be located, or wfiatever elevation is necessary to ensure the noise at the 480' residence does not exceed 48dB(A). 20. To mitigate additional noise impact the Applicant shall mine the expansion area from south to north and always push materials doom to the existing pit area leaving the east facing slope intact until the end of the life of the expansion area. 21. To mitigate the additional noise and visual impact the Applicant shall mine the expansion area from west to east leaving the east facing slope intact until the end of the life of the expansion area. 22. To mitigate the visual impact of removal of the hillside, the Applicant shall employ landscaping in the form of tree plantings and/or landforms to the satisfaction of Staff to better screen the expansion area from the 480' residence as illustrated in attachment D. 23. Annual Hearings: A. During January of each year, but no later than January 31, the Operator shalt file a written report with the Planning Director demonstrating compliance or non-compliance with conditions of the sand and gravel permit and other provisions of the County Land Use Code. The required amoral report will include an updated estimate of gravel reserves remaining at the site. The Planning Office shall review the operator annual written report to determine compliance with the permit and prepare a report to the Board to be reviewed at a duly noticed public hearing. The purpose of the hearing shall be to review the annual written report of the permittee and to provide an opportunity for the citizens of Pitkin County to comment on the sand and gravel operation. B. Based upon the annual hearing, the Board shall have the power upon good cause being shown, to modify the permit to require certain corrective measures to be taken or to direct the County staff or its agents to enter upon the premises and to take corrective measures required by the Board; impose new or additional conditions, standards or restrictions to address environmental concerns required by considerations of public health safety and welfare or to achieve the objectives and purposes of the original permit or to bring the permit into compliance with other laws or regulations regulating permits to or uses of the silo; the cost to be assessed against the Operator and its sureties. 24. The Applicant shall provide a report discussing different housing options for the seasonal workforce that utilizes the camping area from April 1° through December 1` of each year. The report shall explore options for more permanent housing that could include sharing housing with winter season employees of other companies, agencies, etc. The report shall be available for review and discussion by the BOCC no later than the annual hearing scheduled for January of 2010, 25, Revocation. The County shall have the power to revoke the special use permit, upon showing of good cause, after a public hearing on the same NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE WEEKLY ON THE 24th DAY OF May 2009. RECEPTION#: 563795, 10/21/2009 at 02:31:25 PM, 6 OF 47, Janice K. Vos Caudill, Pitkin County, CO &)CCRaw. N05---7009 Page 6 of 6 APPROVED AND ADOPTED on the 12" day of August, 2009. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON / - g' - 6 f ATr ST: BOARD OF COUNTY COMMISSIONERS OF PITKfN COUNTY, COLORADO By Y�tL �9 - Aei�al' ! Jones Patti Kay -Clapper, Chat Clerk Date _ AP OVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Atto PWN 2643-161-02-0I0 and Case PC 17.09 ,k' Y C 4 Cindy Houben, Community Development Director ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING TITLE 8 OF THE PITKIN COUNTY CODE, SPECIFICALLY THE 2006 LAND USE CODE FOR LAND USE CODE TEXT AMENDMENTS Ordinance No. -2011 RECITALS A Land Use Code amendment has been proposed to create a soil monitoring program for snow dump sites throughout the County. An amendment will be made to the following chapter and section: Chapter 4 EXHIBIT A - Section 4-30-50(1): Snow Dumping/Trucking/Storage 2. The BOCC determined that the Code should be amended to monitor soil for contaminants and create threshold levels for those contaminants. Thresholds will identify when a site has become contaminated and snow dumping should cease. 3. The Planning and Zoning Commission reviewed the proposed amendments at regularly scheduled meetings on October 5, 2010, November 9, 2010, February 1, 2011, and March 15, 2011. The Commission voted 3-1 to recommend approval to the BOCC for a 200ppm TPH threshold for existing snow dump sites and a 50ppm threshold for any new snow dump site. 4. The BOCC reviewed the proposed amendments on I" Reading at a regularly scheduled public meeting on December 15, 2010 and at 2nd Reading at duly noticed public hearings on January 26, 2011, February 9, 2011, and April 13, 2011. Evidence and testimony were presented with respect to these code amendments. 4. The BOCC finds that these Code Amendments are consistent with Pitkin County's goals and policies and are necessary to properly site a snow dump. The BOCC further finds that the adoption of these Code Amendments is necessary to promote public, health, safety, and welfare. The BOCC further finds that these Code Amendments will be administered as rules of general applicability. The BOCC further finds that the amendments to the Code are consistent with County Comprehensive Plans and in compliance with Section 2-40-10. NOW, THEREFORE, BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby amends the above -referenced Sections of the 2006 Pitkin County Land Use Code, as set forth in Exhibit A as underlined. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 26d' day of December, 2010. INTRODUCED ON FIRST READING AT A PUBLIC MEETING on the 15" day of December, 2010. APPROVED AND ADOPTED ON SECOND READING AT A PUBLIC HEARING on the 13"' day of April, 2011. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the day of 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones Rachel E. Richards, Deputy Clerk Chairwoman APPROVED AS TO FORM: John Ely, County Attorney Ordinance No. -2011 Page 2 of 5 Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director EXHIBIT A The underlined sections shall be added. Chapter 4 4-30-50(I) Snow Dumping/Trucking/Storage When a special review use is requested for a snow storage area, the applicant shall comply with the following conditions when siting the storage area: Ordinance No. -2011 Page 3 of 5 Setbacks a. Setbacks shall be regulated by Section 7-20-80 and Chapter 5. Slopes a. Slopes in excess of 10% shall be avoided. Snow storage and/or dumps shall not be located in areas of high groundwater It must be demonstrated that the groundwater high water mark is 4 feet or more below snow storage area. 4. Floodplain a. Snow storage areas shall not be located within the 100- year floodplain 5. Surface Runoff a. Snow storage shall not result in surface runoff unless best management practices are utilized to remove sediment and other contaminants from melt water and promote infiltration vs. runoff. 6. Dumping into waterway or water -body a. Snow storage areas shall comply with section 7-20-80(d)(12). b. Snow shall not be pushed or dumped into any waterway or water — body at any time. 7. Refuse removal/disposal a. It will be a condition of approval that at the end of each winter season (when all snowmelt is complete) that documented cleanup occurs at the site to remove non -snow refuse from the storage site. 8. Scenic Impact Consideration a. Potential scenic impacts of the location of proposed snow storage areas shall be addressed in the application. 9. Revegetation a. If a snow storage area is abandoned for more than two years, revegetation of the site (where necessary) is required. 10. Trips a. The Applicant shall present a dumping schedule for consideration that includes hours of operation, estimated number of trucks per hour/day, source of snow, and load size in average volume. 11. A loQ shall be created of the criteria outlined in condition # 10(a) and submitted for review to the Community Development Department annually, when soil monitoring tests are submitted 12. Noxious Weed Control a. The Applicant is required to control for noxious weeds. 13. Snow dump sites shall be sited at least 200' feet from private wells and public water systems. The 200' setback from a public water system shall be measured from the source from which water is collected for the public water system. 14. A snow dump site shall be located at least 50' from a property line The BOCC may increase this setback if it is found that runoff or other negative impacts may implicate an adjacent property. The BOCC may decrease this setback if it is found that runoff or other negative impacts will not implicate an adjacent property. 15. An Applicant for an existing snow dumping site shall test soil annually in the springy or after the dumping site has melted. An Applicant for an initial snow dumping site shall provide soil test results in their application to the Community Development Department In both cases the following contaminants shall be tested: Ordinance No. -2011 Page 4 of 5 • Volatile Petroleum Hydrocarbons (VPH) • Extractable Petroleum Hydrocarbons (EPH) • B-tex Test • Oil and Grease a. Samnline testins shall occur on each snow dump site. If a dumping site is larger than 1 acre, every acre of the snow dump site shall be tested. b. Testing shall occur on the down gradient of the site, and the test sample should be taken from an eight (8) inch depth. c. The threshold levels for the B-tex test shall be as follows: Benzene = 1 ppm Toluene = 1000 ppm Ethylbenzene = 1000 ppm Xylene = 280 ppm d. The threshold levels for Total Petroleum Hydrocarbons (TPH) shall be 500ppm. TPH is the sum of VPH, EPH, and Oil and Grease. e. If testing shows that a site is over any of the thresholds mentioned above, the Applicant shall not be allowed to dump snow at that site and reapplication will be required. Ordinance No. -2011 Page 5 of 5 Carla Ostberg From: Carla Ostberg Sent: Tuesday, April 12, 2011 1:12 PM To: 'dave.heilberger@elamconstruction.com' Cc: Michael Kraemer Subject: follow up from site visit Hi Dave, I just wanted to follow up with a few items before I put together all of my comments. - Do you have a well permit # handy for the well you are using for dust suppression (located on the lower portion of the property near the Braun's)? I'd just like to put the permit info in my file. - I just want to confirm that you are open to more of a "management" scenario for your onsite wastewater treatment system (OWTS) that serves the RV park? Also, I wanted to include the possibility of looking into the feasibility of installing a complete OWTS for the office (tank and absorption area) in lieu of the holding tanks that are in place now. -Can you send me confirmation of CDPHE inspection of your fueling areas? - Will you send 2010 reports from soil and water sampling? I think that's it. If you have any questions about these bullet points, please give me a call. Thanks, Carla Ostberg, MPH, REHS Environmental Health Manager Pitkin County Environmental Health 970-920-5438 C to 200c) coLk - iz�o C6LQ f l a-5 %-Oa c, ahs ov� - A b Z)x '1 +,- , ry Cf e S -7 ✓ ' x 3 . I t,--cr,C,k �I g„ X 3, Ong -cam gc� o r ITJ06 cC 6.wk. 12't x 3' r, c� Y a xz I JQ I?;zO 1 (.-a' C� CCU r, Carla Ostberg From: Dave Heiberger [Dave.Heiberger@elamconstruction.com] Sent: Tuesday, April 12, 2011 3:35 PM To: Carla Ostberg Subject: RE: FYI Carla, Thanks for the OWTS information. Colorado Dept. of Labor & Employment, Division of Oil & Public Safety does the inspections of our facilities. Elam submits an annual visual inspection form and ullage logs to this department. Field inspectors conduct compliance site inspections however Elam receives no documentation of this on-site visit. I am not aware of any violations. Does this help you? I am working on the well permit,air permit, soil and water sampling report. Thanks Dave -----Original Message ----- From: Carla Ostberg (mailto•Carla Ostberg co.pitkin.co.usl Sent: Tuesday, April 12, 2011 1:16 PM To: Dave Heiberger Subject: RE: Hi Dave, I just wanted to follow up with a few items before I put together all of my comments. - Do you have a well permit # handy for the well you are using for dust suppression (located on the lower portion of the property near the Braun's)? I'd just like to put the permit info in my file. - I just want to confirm that you are open to more of a "management" scenario for your onsite wastewater treatment system (OWTS) that serves the RV park? Also, I wanted to include the possibility of looking into the feasibility of installing a complete OWTS for the office (tank and absorption area) in lieu of the holding tanks that are in place now. - Can you send me confirmation of CDPHE inspection of your fueling areas? - Will you send 2010 reports from soil and water sampling? I think that's it. If you have any questions about these bullet points, please give me a call. Thanks, Carla Ostberg, MPH, REHS Environmental Health Manager Pitkin County Environmental Health 970-920-5438 From: Dave Heiberger jmaiIto: Dave. Heiberger(d)elamconstruction.coml Sent: Tuesday, April 12, 2011 1:18 PM To: Carla Ostberg Subject: �aC(- �I2l MEMORANDUM To- Lance Clark, Planning Department From: Carla Ostberg, Environmental Health s Date: 9 l V Re: ElamNagneur Gravel Pit Annual Review 09), (Case P008-09; Parcel ID #2643-161-02-010) SUMMARY OF RELEVANT PARTS OF APPLICATION: Review the operation at the Elam site and the -2408 Annual Report for the Vagneur Gravel Pit. cA <) ' DISCUSSION: The Pitkin County Environmental Health & Natural Resources Department has reviewed the details of the 2008 Annual Report for the Vagneur Gravel Pit under the authority of the Pitkin County Land Use Code and the Pitkin County OWTS Regulation. Resolution No. 99-69, "Granting a Major Amendment to the Special Review Approval of the s Elam Construction Incorporated Sand and Gravel Pit and Asphalt/Hot Mix/Concrete Plant to �o Allow a 10 Year Extension of Operations," outlines initial conditions of approval. I,�Q,,3v A site visit was conducted on r-ebraFy °, 2009 with Carla Ostberg, and f the Pitkin County Community Development Department -and David Heilberger ^nrl Inyle ! ymen of Elam Construction, Inc. -Iahv-neilntewiew was ee ducted with --- 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. J --- SEWAGE TREATMENT AND COLLECTION: ISDS Permit 89018 documents a system was' pproved for use of the office by 6 employees. ISDS Permit 98063 documents a system was approved for use by 20 RV units during summer months. The area over the absorption field was seeded in the fall of 2008, and large boulders were placed around it to prohibit vehicles from driving over the area. s. �F --- AIR QUALITY: I No complaints were received by this Department in the last year. p � tV Printed on Recycled Paper e,,ts+(D 020-789�go Pk 1-900401-gG22 --- NOISE: 4 3q goo 4 ((o5 5C Sy t. (0� 5130 109 t 3t4,aS1-4C, 0+c, { -1((((1 Q PsF" 6 �) y -"e a 0 ci3 r, cid ' -,,v No complaints were received by this Department in the last year. Elam has developed a protocol for conducting noise monitoring. The protocol includes noise measurements at various locations along the property boundary during mining operations. The results are documented in a field logbook and kept on site. These records were reviewed by Carla Ostberg at the time of the site visit. There did not appear to be any violations of Chapter 6.36 of the Pitkin County Code, Noise Abatement. --- CONFORMANCE WITH RESPECT TO OTHER ISSUES: 'I"��►�,��`' ,,�� 0 `'a wA VL� � Containment barriers at the fuel storage areas were properly positioned and in good condition at the time of the site visit. No stained soil was observed at that time. Extensive work was done in the summer of 2008 in the fuel storage areas as a result of some deficiencies found during a State inspection. l --- WATER RESOURCES: mak- rV,a,� The area of the pit used for snow dump,in in the winter was clean and well maintained at the time of the site visit. C,i�� c_!�h�l ��e+�.c �,.t„ ,�, A,y\,4- e- 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: 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 these samples have been reviewed and all samples are below applicable standards for all contaminants. One quarterly soil test is missing from the 2008 report. Follow-up sampling will be conducted on those soils and resubmitted to the lab for testing. Recommendation: This Department has no objection to continued operation. Printed on Recycled Paper M ' CONSTRUCTION, INC. 556 Struthers Avenue Grand Junction, CO 81501-3826 (970) 242-5370 Fax (970) 245-7716 February 1, 2011 Mr, Mike Kraemer Pitkin County Community Development 130 South Galena St. Aspen, CO 81611 RE: Vagneur Gravel Pit Annual Report. Parcel I.D. 2643-161-02-010, Application Fee. Mike, Please find attached check No. 086602 in the amount of $1,327.00. This is the application fee for Elam's annual report identified in your email of January 31, 2011. Please contact me at (970) 242-5370 or oayle Inman elamconstruction.com if you have any questions. Submitted By: r".46 O'� Gayle L. an Prop Division Manager Elam Construction, Inc. a0000�.J a3 ,tq�cF� AFD CONSTRUCTION, INC. p� . -141v ryf r $ 1v 556 Struthers Avenue Grand Junction, CO 81501-3826 epi (970) 242-5370 Fax (970) 245-7716 January 28, 2011 Mr. Mike Kraemer Pitkin County Community Development 130 South Galena St. Aspen, CO 81611 RE: Resolution 052-2009, Vagneur Gravel Pit Annual Report. Parcel I.D. 2643-161-02-010. Mike, Attached are seven copies of the annual report required by the above referenced Resolution. Once the application fee has been determined and Elam notified of said fee, a check will be promptly submitted to the County. Please contact me at (970) 242-5370 or Bayle.lvman@elamconstrurtion.com if you have any questions. Submitted By: Gayle . Ly n , Propert ivision Manager Elam Construction, Inc. enclosure 000002 Pitkin County, Colorado 2010 ANNUAL REPORT FOR: VAGNEUR GRAVEL PIT January, 2011 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 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. Major activities, which occurred during 2010 within the existing permitted site, remain unchanged, and include: Extraction of gravel deposits. Crushing and processing of gravel deposits. Crushing of material occurred during the months of September and October. Stockpiling of extracted and processed gravel. Operation of an asphalt plant. Operation of a concrete batch plant. Scale and portable office facilities. Re -cycling of soil, asphalt and concrete rubble. Acceptance of snow RECLAMATION — Backfilling and sloping efforts began during the summer of 2000 and continue as of this date. Approximately 15 acres in the northerly most portion of the pit are being backfilled and sloped in accordance with the approved reclamation plan. Reclamation efforts continued intermittently thorough out 2010. 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. The other 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. All fuel is stored in aboveground tanks and has 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) is on file with the State of Colorado Labor and Employment's Oil Inspection Section. 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: PID #2643-161-02-010 nnnnn,� 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 3 10,000 30,000 Diesel Fuel # 2 Steel 1 16,000 16,000 Gasoline Steel one 4,000 4,000 Use Oil Plastic one 250 250 Lubricating Oil Steel 9 55 495 Asphalt Oil Steel one 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 a Future Local Growth Trends ❑ Major Public Improvement Projects — Highway & Roads Rail and Airport Major School Major Governmental Building ❑ 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 15 to 20 years of resource, 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 Caucus and Planning Commission as needed during 2010. Elam will continue to meet with the Caucus and address concerns regarding pit operations in 2011. PID #2643-161-02-0 10 on r,nnA A COMPLAINTS — Elam was notified of two complaints during 2010. They are summarized below. Pitkin County received a complaint regarding noise and dust originating from the Vagneur Pit on or about November 4. Carla Ostberg with Pitkin County Environmental Health notified Elam's Area Manager of the complaint. Carla was informed that Elam's operations had already shut down for the year. However, the gravel pit did have a high volume of truck traffic that day (both from import material and aggregate sales). Additional watering of the internal haul roads was implemented to mitigate the dust. Elam's Area Manager also took noise level reading at the property lines and all readings were within the 55dB limits. Pitkin County received a complaint on November 18, for noise. This individual was hiking on a hillside in the Woody Creek area and heard a noise that was described as a "scraping" noise. Although the source of the noise could not be determined, the noise was assumed by this individual to originate from Elam's gravel pit and thus it was called in. Carrington Brown, Code Enforcement Officer, inspected Elam's pit that same day and observed no activity. No conclusion could be made as to the source or location of the noise reported. No further action was required WATER RESOURCE PROTECTION — As part of Elam's revised Water Resource Protection Plan approved by the County, Elam had developed soil and water sampling/testing protocol to assure the protection of groundwater. Elam implemented the approved testing protocol for both water and imported soil upon approval of this plan and has continued that testing throughout 2010. SUPPLEMENTAL INFORMATION — There were several plantings associated with the Landscape Plan (Condition 22, Resolution 052-2009) that did not survive the first year. These plantings were replaced during the fall of 2010. Elam will continue to monitor the plantings associated with the Landscape Plan for success and replace any plantings as needed. CONCLUSION — During 2010, Elam Construction, Inc. paved and provided materials for several construction projects that took place in Pitkin County. Some of the notable projects include, Rio Grande Trail and the Pitkin County Jail parking lot. Elam Construction, Inc. continues to work County and its residents while limiting the residents. PID #2643-161-02-010 nnnnnp; hard to provide a quality service to Pitkin disturbance to neighbors and Woody Creek VAGNEUR GRAVEL PIT SURFACE WATER SUMMARY OF ANALYTICAL RESULTS 2010 DATE MOOR VAGNEUR GRAVEL PIT IMPORTED SOIL SUMMARY OF ANALYTICAL RESULTS 2010 mg/Kg . . . . . . . . . . . . . . . . . . . . . . . . �� . ��i�®its � ��. :'• ' i Carla Ostber From: Dave Heiberger [Dave.Heiberger@elamconstruction.com] Sent: Wednesday, April 13, 2011 8:57 AM To: Carla Ostberg Subject: RE: �! s VO r/Well Permit Number is 41824-F Attached are summary reports for soil and water tests mission permits issued By CDPHE are: X-610 Crusher: 97POO820 `� A-755 Asphalt Plant: 09PI1168 217 ,,/Vagneur Pit: 13PI388-5 } AID -----Original Message ----- From: Carla Ostberg Lmailto:Carla.Ostberg co.pitkin.co.usl Sent: Tuesday, April 12, 2011 1:16 PM To: Dave Heiberger Subject: RE: Hi Dave, I just wanted to follow up with a few items before I put together all of my comments. - Do you have a well permit # handy for the well you are using for dust suppression (located on the lower portion of the property near the Braun's)? I'd just like to put the permit info in my file. - I just want to confirm that you are open to more of a "management" scenario for your onsite wastewater treatment system (OWTS) that serves the RV park? Also, I wanted to include the possibility of looking into the feasibility of installing a complete OWTS for the office (tank and absorption area) in lieu of the holding tanks that are in place now. - Can you send me confirmation of CDPHE inspection of your fueling areas? - Will you send 2010 reports from soil and water sampling? I think that's it. If you have any questions about these bullet points, please give me a call. Thanks, Carla Ostberg, MPH, REHS Environmental Health Manager Pitkin County Environmental Health 970-920-5438 From: Dave Heiberger [maiIto: Dave. Heiberger(aelamconstruction.coml Sent: Tuesday, April 12, 2011 1:18 PM To: Carla Ostberg Subject: Email secured by Check Point Form No. OFFICE OF THE STATE ENGINEER GWS-2fr . COLORADO DIVISION OF WATER RESOURCES ala C*nter,.W Bldg., 1313 Sherman St, Deaver, Colorado 80243 (303) aw-3581 APPLICANT WEYL PEFuT NUMBFA 44' 2 29� --R DIV. 5 CNTY. 49 WD 38 DES. BASIN MD Lot: Block: Filing: 5undw: ELAM CONSTRUCTION INC 1225 S 7TH ST GRAND JUNCTION CO 81501- (970)242-5370 ocQurr Tn l mp AN EXISTING WELL APPROVED WELL LOCATION PITION COUNTY NE 1/4 NE 1/4 Section 16 Twp 9 S RANGE 85 W 6th P.M. DISTANCES FROM SECTION LINES 1050 Ft. from North Section Line 655 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT COND71401INI3 Ot= APPROVAL 1) This wail shall be used in such a way as to cause no material injury to existing water rights. The Issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 19, 3) Approved pursuant to CRS 37-90-137(2) for the replacement of an existing well, permit no. 41824-F (decreed by the Division 5 Water Court as the Elam Well no. 1, case nos. 80CW296, 85CW199, and 85CW188). The old well must be plugged according to the Water Well Construction Rules. A VAA Abandonment Report must be s Awroled within sbdy (60) days after constnxMon of the now weft, a fuming that the old well was plugged. 4) This well Is subject to administration by the Division Engineer In accordance with applicable decrees, statutes, rules, and regulations. 5) Approval of this replacement permit shall not result in an expanded use of ground water. The use of ground water from this well Is limited to Industrial and irrigation purposes as decreed in case nos. 80CW296, 85CW199, and 85CW188. 6) The maximum pumping rate shall not exceed 230 GPM. 7) The average annual amount of ground water to be appropriated shall not exceed 70 acre-feet. 8) A totalizing flow meter must be installed on the well and malntalned In good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9) The owner shall mark the well In a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 10) This well shall be constructed not more than 200 feet from the location specified on this permlt. and not more than 200 feet from the location decreed for the Efam Well No. 1 in case nos. 80CW296, 85CW199, and 65M188. 11) Approved for the Installation of a pump in, and the use of, an existing well, constructed on August 25, 1996, to a depth of 39 feet, under monitoring hole notice Mfi3, acknowledged August 7, 1996. 12) This permit has been approved for the above referenced location. You are hereby notified that you have the right to appeal the Issuance of this permit, by filing a written request with this office within sixty (60) days of the date of Issuance, pursuant to the State Administrative Procedures Act, (See Section 24.4.104 through 106, C.R.S.)_ �D APPROVED JD2 StWe &Vnew Recelpt No. 0405432 DATE ISSUED a C 1 a 3 1996 et EXPIRATION DA'Z'E (I r r n 1 1A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING A MAJOR AMENDMENT TO THE SPECIAL REVIEW APPROVAL OF THE ELAM CONSTRUCTION INCORPORATED, SAND AND GRAVEL PIT AND ASPHALT/HOT MIX/ CONCRETE PLANT TO ALLOW A 10 YEAR EXTENSION OF OPERATIONS Resolution No. 99-_0 WHEREAS, Elam Construction Incorporated (Applicant) submitted an application to the Pitkin County Board of County Commissioners (BOCC) to extend the terms of operation for 10 years for the sand and gravel extraction and asphalt/hot mix/concrete plant which was granted special review approval by BOCC Resolution No. 88-47; and WHEREAS, the original 10 year permit approval expired May 24, 1998; and WHEREAS, the BOCC granted a one year extension permit, until May 24, 1999, in order to allow the Applicant time to prepare and submit a request for a new long term permit; and WHEREAS, the BOCC determined that an entire new application would not be required for the long term extension request; and WHEREAS, the Pitkin County Planning and Zoning Commission considered the Applicant's request on March 2, 1999, and has forwarded a recommendation of approval to the BOCC; and WHEREAS, the BOCC considered Elam's application at a duly noticed public hearing held on April 14, 1999; and WHEREAS, the Board has considered all of the above and has determined that the special use permit and a sand and gravel operation permit should be extended for 10 years subject to the establishment of and compliance with stringent protective conditions and annual monitoring of the operations to guarantee that the operations being extended hereby respect the residential character of the Woody Creek area and reasonably mitigate the impacts of the Elam Gravel Pit on the neighborhood. 1111111111111111111111111111111111111111111111111111111 430751 05/06/1999 01:23P RESOLUTI DAVIS SILVI I of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99--0 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it does hereby approve the Elam Sand and Gravel Pit and AsphaIt/Hot Mix/Concrete plant request for a 10 extension of the special review approval of their operations until April 14, 2009, subject to the following conditions: Material Representations: Representations made by the Applicant (hereafter referred to as the "Operator") within its application and as amplified or expanded by the Operator's representations during the processing thereof, will be adhered to by the Operator unless otherwise expressly provided in this resolution. Areas Covered by the Permit: The gravel permit agreement shall apply to those areas in the legal description attached hereto as Exhibit 1. 3. Cessation of Activities: The operator agrees to remove all stockpiled gravel and all facilities necessary for such removal within 360 (three -hundred sixty) days of the termination of this permit and to remove, within one -hundred eighty (180) days after termination, the hot -mix asphalt plant and concrete batch plant and all other building improvements, equipment and materials created, constructed or installed pursuant to this permit, or pursuant to or prior to subsequent permits or approvals. 4. Hours of Operation: The permitted operations, and facilities, specifically including the asphalt hot -mix plant, concrete batch plant, mining, equipment mobilization, and rock crushing may commence no earlier than 7:00 A.M. and shall cease no later than 7:00 P.M. However, deliveries to the site may occur after 6:00 A.M. Required Performance Standards: The Operator shall conduct its operations in accordance with the following standards: A. Drainage: Surface run-off shall be contained entirely within the site, including run-off from storm or moisture situations, as more fully described. B. Air Pollution: Smoke and dust originating from the operation of the asphalt plant, concrete batch plant and gravel operation shall be controlled as follows: 1) County and State Air Pollution Regulations, whichever are most stringent now or hereafter adopted shall be strictly observed. Violations shall be subject to fines and/or orders to cease and desist operations. 2) Sprinkler systems for pollution control shall be kept in good repair and function properly at all times. I11 111 111111111111111111111111111111111101111111111N 1 0/06/1999 01:23P RESO�UTI DAV1s 2 of 9 R 0.00 0 0.00 N a.ss PITKIN COUNTY CO Resolution No Page 3 C. MM 3) Operations shall be conducted in such a manner as to prevent damage to forest and agricultural resources by air pollutants resulting from such operation. 4) The Operator shall utilize it best efforts to follow up and eliminate escape of noxious and offensive odors and fumes from the site. Water Pollution: Discharge of muddy water, resulting from dust and smoke suppression measures or otherwise shall not be permitted, but the same shall be drained to settling and percolation ponds. The water table or water quality thereof shall not be degraded or altered without study and separate approval of the Board of County Commissioners of Pitkin County, Colorado. Operations shall be conducted sufficiently above the water table to prevent any contamination of ground water. Noise: Noise from the operation as measured at any point on the property line of the property shall be governed by applicable Pitkin County noise abatement ordinances. E. Scenic Values: Operator shall harmonize operations with scenic values through such measures as the design and location of operating facilities, including roads and other means of access, vegetative screening of operations, and construction of structures and improvements which blend with the landscape. Berms shall be constructed to screen operations. Adequacy and diligence of such measures shall be the subject of the Operator's report and annual hearing procedures. F. General Environmental Requirements: At all times the Operator shall take such measures as will prevent or control on-site and off-site damage to the environment including, but not limited to: 1) Control of erosion and prevention of landslides; 2) Prevention of water run-off, 3) As part of the annual report the Operator shall provide a detailed report inventorying toxic materials and disposal thereof as required by federal regulations. 4) Reshaping and revegetation of all disturbed areas as soon as feasible to the specifications shown on Exhibit 3 of BOCC Resolution No.88-47 and revegetation of disturbed areas; S) Elimination of hazards to public health and safety; 6) Restoration of fisheries and wildlife habitat in surface water bodies; 7) Stabilization of access roads by proper grading, drainage control, surface treatment and vegetation. 111111111111111111111111111111111111111111111111111 IN 430701 09/06/1999 01:23P RESOLUTI ORVIS SILVI 3 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99-40 Page 4 G. Water Supply: Adequate water supply will be provided to meet Pitkin County Land Use Regulations. Revegetation and Reclamation: A. Reclamation shall be in accordance with the proposed reclamation plan as described in the text of the application submitted to the Planning Office on December 15, 1987 and consistent with Exhibit 3 of BOCC Resolution No. 88-47. Such plan shall be amended to include permanent noxious weed prevention and suppression measures approved by the County official responsible for weed control, or by the Board. B. Revegetation must be accomplished as soon as practicable after work has been completed in an area where the Operator has concluded its work. The intent of this provision is that exposed slopes shall be rehabilitated and revegetated at the earliest possible date. C. Pitkin County recognizes that the State of Colorado's Mined Land Reclamation Board will require a bond for revegetation. So as not to duplicate said bonding Pitkin County will not require a bond at this time. However, Pitkin County shall review bonding and reclamation provisions and progress thereunder at each of its annual hearings, and reserves the power to impose additional reclamation provisions or require additional security to assure proper reclamation and revegetation. Should reclamation plans or the bonding provisions prove to be unsatisfactory, the County may require a bond of an amount per acre of land to be disturbed which is reasonable to cover the costs of reclamation and revegetation. This permit shall be null and void if the bond is not fzunished and the permittee shall cease all work hereunder. 7. Designated Pit Site: As additional consideration for and condition of the permit herein granted: A. The Operator shall make its unmined sand and gravel reserves available for public works projects as a designated pit site which includes the rights to quarry sand and gravel, and to process the same into asphalt, hot -mix, concrete and other products herein approved for the Operator, and ingress and egress to, from and within the site provided that: 1) A royalty for the sand or gravel extracted shall be paid to the Operator at the prevailing market rate; 11111111111111011 IN 11111111111111111 Ili 111111111 Ilii 430751 05/06/1M 01.23P RUDLUTI D 4 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99-k Page 5 2) The designated pit activities and the activities of the Operator can be managed so As to avoid significant interference with the Operator's normal operations; 3) This right applies only to parties responding to, and/or award recipients pursuant to invitations to bid for public works projects; 4) A suitable bond as set by the Board shall be posted with the Operator and/or the County as to each such designated pit project to ensure operations in compliance with this permit, the designated pit permit, cleanup and revegetation; and 5) Separate special review and sand and gravel permits shall be obtained by the public entity proposing to permit its successful bidders to use the designated pit site, which permits shall specify the extent and the nature of extractive and processing operations to occur on the site and any mitigation procedures necessary, and shall contain conditions no less restrictive than those contained herein. 8. Control of River Road Traffic: The Operator shall use its best efforts to minimize the impacts of truck traffic on the River Road access to the subject property. The operator agrees that truck traffic entering and leaving the Elam site shall exclusively utilize the new access road rather than the old River Road access road. The operator shall control access within the permit site to discourage use of the old River Road access road by trucks entering and leaving the site. These provisions shall be evaluated at the annual hearing, and may be modified by the Board. Rights of Enforcement: The County or any member of the public who is aggrieved by a failure by Operator to comply with the terms and conditions hereof shall have standing to enforce the terms of applicable permits or any amendments hereto as provided by law. 10. Camper Area: The existing Operator employee camper area may be expanded from 13 to 20 spaces for the term of this extension subject to approval and installation of an ISDS suitable to serve 20 RV/trailer units. Camper spaces shall be provided for a maximum of 45 1 20 campers. Campers shall only be on site from April I" to December 1" of each year. Use shall be restricted to temporary, short-term, seasonal use by employees of the Operator only using campers, and not for longer-term housing, mobile homes or other forms of habitation, except for the mobile home utilized to provide year-round security, which may be occupied by the Security employee and his family. Camper use is accessory only and shall be terminated in accordance with paragraph 3 of this resolution. I I!lIII!lIII!lIII! ILII !I!lIII !I !IIlI!!I III HIM III ILII 430761 05/06/1598 01:23P RESOLUTI DAVIS SILVI 5 of 9 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 9941 Page 6 11. Weed Control: Operator shall abide by the weed control program described in Exhibit 5 of Resolution No. 88-47 which may be amended as provided by paragraphs 6 A, B and C hereof, or operation of law. 12. Term of Permit: Operator's long-term Sand and Gravel and Asphalt/Hot Mix Concrete Plant permit, and special use approvals thereof, shall expire ten (10) years after the approval of this resolution, unless sooner terminated or extended pursuant to Code. 13. Non -Discrimination: Operator agrees that no discrimination shall be shown to any purchaser within the County, but this provision shall not prevent the Operator from giving quantity discounts or refusing to sell gravel to operators who access or leave the gravel pit via the River Road access road or refusing to sell gravel to Operators with poor current credit standing. 14. Potable water in sufficient quantity and quality must continue to be provided at all times to support the amount of people on site on any given day. 15. The area drain line that travels through the containment basin shall be repaired to not allow spilled fuel to enter the pipe. Fuel dispensing nozzles shall be serviced so they do not drip, and a method to contain spilled fuel from this source shall be instituted. These measures shall be accomplished to the satisfaction of the EHD prior to BOCC approval of any extension of the permit. 16. Any asphalt plants and/or rock crushers must be permitted by the Colorado Department of Public Health and environment and stay in compliance with conditions of the permit. 17. Fugitive dust from the pit operations must be contained to maintain compliance with applicable state standards. 18. Night time operations beyond the standard allowed operating hours will be permitted under the following parameters: A. There may be a maximum of 10 nighttime operations in any one calendar year at the Elam Asphalt/Hot Mix Plant in which operational hours may be extended to include 7:00 p.m. until 7:00 a.m. as well as normal daytime operating hours. These 10 nights can only be to accommodate publicly owned projects. The Operator shall notify Pitkin County, the W/J Homeowners Association, and the Woody Creek Caucus, in writing, as to approximately when and how long the operations will be conducted at least 72 hours prior to commencement of the nighttime operations. B. This approval shall be limited to a maximum of 40 truck loads per night. C. A traffic control plan shall be submitted to the County Engineer which will include suitable methods for providing warnings, information, and signage (including lighted warning signs) to persons using County roads and bike trails in the vicinity of the truck activity area. 1111111 VIII 111111 IN 111111111111111111111111111111111 430751 05/06/1009 01:23P RESOLUTI DAVIS SILVI 0 of 9 R 0.00 0 0.00 N 0.80 PITKIN COUNTY CO Resolution No. 99-,0 Page 7 D. The Operator, in conjunction with the public project owner shall implement a public information/notification plan utilizing at least the follow mediums of communication: public service announcements, newspaper notices, and neighborhood newsletters to alert affected residents and other travelers of potential delays and hazards. E. There shall be no gravel extraction, crushing, processing, nor stockpiling during the extended nighttime hours. F. The Operator must comply with all noise and air quality standards at the plant. G. Trucks shall not use "Jake" brakes during nighttime operations except in an emergency situation. 19. Annual Hearings: A. During November of each year, but no later than November 30, the Operator shall file a written report with the Planning Director demonstrating compliance or non- compliance with conditions of the sand and gravel permit and other provisions of the County Land Use Code. The required annual report will include an updated estimate of gravel reserves remaining at the site. The Planning Office shall review the operator annual written report to determine compliance with the permit and prepare a report to the Board to be reviewed at a duly noticed public hearing. The purpose of the hearing shall be to review the annual written report of the permittee and to provide an opportunity for the citizens of Pitkin County to comment on the sand and gravel operation. B. Based upon the annual hearing, the Board shall have the power upon good cause being shown, to modify the permit to require certain corrective measures to be taken or to direct the County staff or its agents to enter upon the premises and to take corrective measures required by the Board; impose new or additional conditions, standards or restrictions to address environmental concerns required by considerations of public health safety and welfare or to achieve the objectives and purposes of the original permit or to bring the permit into compliance with other laws or regulations regulating permits to or uses of the site; the cost to be assessed against the Operator and its sureties. 20. Revocation. The County shall have the power to revoke the special use permit, upon showing of good cause, after a public hearing on the same. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 13TH DAY OF MARCH, 1999. 1111111111111111 IN 11111111111111111111111111111 IN 430751 03/06/1899 01:23P RESOLUTI DAVIS SILVI 7 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99-7 Page 8 APPROVED AND ADOPTED ON THE 14" DAY OF APRIL, 1999. ATTF, S/T: l' I L dee R. Dean eputy County Clerk APPROVED AS TO FORM John Ely, Couney 2643-161-02-0.10 P162-98 G:planning/pitkin/lance/doe elamreso88-47 cuftm104115/99 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO •op APPROVED AS TO CONTENT 'e. . 99 Cindy Houben, Community Development Director 1111111111111111111111111111111111111111111111111111111 438751 85/06/1909 01:23P RESOLUTI DAVIS SILVI 8 of 9 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO s MEMORANDUM To: Lance Clark, Planning Department X52` a2�z�✓ From: Carla Ostberg, Environmental Health & Natural Resources Department r R,C� �� Date: February 17, 2009 R Re: ElamNagneur Gravel Pit Annual Review (2009), (Case P008-09; Parcel ID #2643-161-02-010) SUMMARY OF RELEVANT PARTS OF APPLICATION: Review the operation at the Elam site and the 2008 Annual Report for the Vagneur Gravel Pit. DISCUSSION: The Pitkin County Environmental Health & Natural Resources Department has reviewed the details of the 2008 Annual Report for the Vagneur Gravel Pit under the authority of the Pitkin County Land Use Code and the Pitkin County OWTS Regulation. A site visit was conducted on February 9, 2009 with by Carla Ostberg, Bryan Daugherty, and Lance Clark of the Pitkin County Community Development Department and David Heilberger and Gayle Lyman of Elam Construction Inc,, gyp(\ r . - --- WATER SUPPLY: 4*,AIL J �, k --- SEWAGE TREATMENT AND COLLECTION: . .. in -6--Vv 1_5 7 k v fov, L="ta`` A,IA --- AIR QUALITY: y. --- NOISE: W1D OU 4S .� iJ t. `i 5 at �t 11 a 1'U 05-r- . LY) < Ser --- CONFORMANCE WITH RESPECT TO OTHER ISSUES: SO l I GO YIA f' --- WATER RESOURCE: d on Recycled Paper Vo vJ61 u\ 1-0 raA S Tl�' P P) 2f 0,A vq 4� GIT cQ-1 a vs- U 150 6*0,14 EeUio"c"i (2pp-A'O-Voj N) W-I-� 61AM N. -Ylelblax-cl�411�11-x-1 c 11170. U / ct-,i Septic, Rooter & JeQng Services Video Inspection Services 0603 Handy Drive Carbondale, CO 81623 Bill To Elam Construction Box 13 Woody Creek, CO 81656 Quantity Description 4,600 Pump trailer park 1,000 j Pump office i 5,600 Dump Fee Jet washed main line i Trip Charge Sales Tax Q Invoice 1 Date Invoice # R APR 1 1 2008 } 4/7/2008 657 —L ECI — .M SEN P.O. No. Terms Project Due on receipt Thank you for your business. Carbondale Aspen (970)963-3814 (970)920-2059 Rate 0.27 0.27 0.15 300.00 100.00 3.90% Fax Total (970)963-6070 Amount 1,242.00 270.00 840.00 300.00 I 100.00 0.00 I $2,752.00 fir+ -000, PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Environmental Health and Natural Resources Woody Creek Caucus FROM: Lance Clarke, Community Development Department RE: Elam/Vagneur Gravel Permit Annual Review (2009), (CASE P008-09; PID 2643-161-02-010) DATE: February 3, 2009 Attached for your review are materials for an application submitted by Elam Construction Inc. The Board of County Commissioners will review the application on Wednesday, March 25, 2009. Please return your comments to me by Friday, March 13, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTIHER NEED OF THEM. Thank you. 2/R l09 Pitkin County, Colorado 2008 ANNUAL REPORT FOR: VAGNEUR GRAVEL PIT January, 2009 INTRODUCTION — On October 11, 2006 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 pprovat of Resolution 129-2006. This 20 year extension replaced the previoukfl so ution 9�On November 10, 2006, William Braun filed a complaint against the Board of County Commissioners of the County of Pitkin and Elam Construction, Inc. alleging violations of Pitkin County Land Use Code regulations. On Saptember 8th, 2008, District Court Judge Gail H. Nichols orde ed Resolution 12_9-2006 e vacated and remanded back to the Pitkin County oard of County Commissioners for further proceedings. The Judge's order required Elam to default back to the previous resolution, 99-69, which is to expire April 14, 2009. Elam has submitted an application to the Pitkin County Community Development requesting a 12 - month extension to Resolution 99-69, in order to allow sufficient time for Elam and their consultants to complete the preparation of additional data, and for Pitkin County to process this submittal, including public hearings. One of the conditions contained within the operational permit requires the filing of a written report with the County demonstrating compliance or non-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. Elam applied for and was granted an amendment to their Development Permit to allow for snow dumping and storage at the Vagneur Pit. Elam submitted a request to Community Development requesting continued snow dumping at the Vagneur Pit for the 2008-2009 snow season. This use was again granted to Elam. '~ Major activities, which occurred during 2008 within the existing permitted site, remain unchanged, and include: • Extraction of gravel deposits. • Crushing and processing of gravel deposits. Crushing began on May 5, 2008 and ceased the first week of September. • Stockpiling of extracted and processed gravel. • Operation of an asphalt plant. • Operation of a concrete batch plant. • Scale and portable office facilities. • Re -cycling of soil, asphalt and concrete rubble. Acceptance of snow RECLAMATION — Backfilling and sloping efforts began during the summer of 2000 and continue as of this date. Approximately 15 acres in the northerly most portion of the pit are being backfilled and sloped in accordance with the approved reclamation plan. Reclamation efforts will continue intermittently throughout the upcoming 2009 season. 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. The other 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. All fuel is stored in aboveground tanks and has 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) is on file with the State of Colorado Labor and Employment's Oil Inspection Section. 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 3 10,000 30,000 Diesel Fuel # 2 Steel 1 16,000 16,000 Gasoline Steel one 4,000 4,000 Use Oil Plastic one 250 250 Lubricating Oil Steel 9 55 495 Asphalt Oil Steel one 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: o Local, State, and Federal Economic Trends a Future Local Growth Trends ❑ Major Public Improvement Projects — Highway & Roads Rail and Airport Major School Major Governmental Building 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 will be depleted in about 1 to 2 years. The Phase 2 mining expansion area, which was the extension originally granted in Resolution 129-2006, would provide an additional 16 years of resource. 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 currently operates under the State Division of Reclamation, Mining and Safety Permit No. M-1980-055. WOODY CREEK CAUCUS — Representatives from Elam continued to meet with members of the Caucus and Planning Commission on a regular basis during 2008. Elam will continue to meet with the Caucus and address concerns regarding pit operations throughout 2009. COMPLAINTS — Elam received two complaints from private citizens during 2008. The first was received on May 27th involving LaFarge concrete trucks utilizing McClain Flats Road to Cemetery Lane in order to gain access to Highway 82 and the Maroon Creek Bridge project. An internal investigation revealed LaFarge had obtained County authorization through the project's General Contractor to haul materials on the above described route for a bridge project. The findings were discussed with the citizen the same day by Elam's Area Manager and Property Manager. The second complaint was received near the end of June regarding a LaFarge truck speeding and running a stop sign. LaFarge was immediately contacted by Elam's Area Manager to discuss the infraction. A discussion was had regarding Elam's commitment to Pitkin County for safe driving and any continued driving infractions could result in suspension of using the pit. WATER RESOURCE PROTECTION — As part of Elam's revised Water Resource Protection Plan approved by the County, Elam had developed soil and water sampling/testing protocol to assure the protection of groundwater. Elam implemented the approved testing protocol for both water and imported soil upon approval of this plan and has continued that testing throughout 2008. SUPPLEMENTAL INFORMATION — Resolutio 048-2 required the Elam comply with certain conditions of approval during the 2008 calendar year. They are as follows: Condition 3 required the septic system absorption area be seeded with native grasses by October 31, 2008. Elam applied seed to the specified area during early July 2008. Elam will monitor the growth once the snow has melted and apply additional seed as needed. A permanent barrier was also installed in July utilizing boulders. This will allow for a wildlife friendly passage while keeping vehicular traffic off. Condition 5 required'Elam to�explore the feasibility of vegetative screening between the Vagneur Pit and the Braun Property. The area in question is located east of an existing berm and the proposed expansion area. As discussed during the May 14, 2008 BoCC hearing, this area is directly under an overhead power line belonging to Holy Cross Electric Association. Elam has agreed, be executing the agreement with Holy Cross, that landscaping and other improvements made within the Easement will be minimized. The Easement Agreement also grants the right to Holy Cross to cut trees outside the designated easement that they feel may be in conflict with the power lines. Condition 6 required Elam to place alerting truckers to safety concerns. exiting the property. additional signage on the property A sign has been placed at the gate CONCLUSION — During 2008, Elam Construction, Inc. paved and provided materials for some major construction projects that took place in Pitkin County. Elam paved the intersection of Smith Way and Highway 82 at no cost to either the County or the State of Colorado. By allowing acceptance of imported soil, the impact at the Pitkin County Landfill has been reduced, thus extending the life of the landfill. Elam Construction, Inc. continues to work hard to provide a quality service to Pitkin County and its residents while limiting the disturbance to neighbors and Woody Creek residents. Pitkin County Environmental Health Department Contact Log Sheet ��// M" 1►,II•� `,_ ��_,i�/ / ✓- ' l a�� UZA �..�. MWIM N.J.IMI. -.. III 1 . RI _ i / _/,Wi / . _�tl-/ �MqR MEMORANDUM To: Lance Clark, Community Development Department From: Warren Rider and Nancy MacKenzie, Pitkin County Environmental Health & Natural Resources Department Date: May 1, 2008 Re: Elam/Vagneur Gravel Pit Annual Review Parcel ID # 2643-161-02-010; Case P032-08 SUMMARY OF RELEVANT PARTS OF APPLICATION: Annual review of the operation at the Elam site for compliance or non-compliance with the conditions of the permit and the County Land Use Code. A visit to the sight was conducted on April 14, 2008, by Nancy MacKenzie, Warren Rider, Lance Clark, and Cari Ann Holcomb of the Pitkin County Community Development Department. David Heiberger, manager of the Elam operation was on site for the visit. There was limited activity in the pit at the time of the visit. The Pitkin County Environmental Health & Natural Resources Department (EH/NR) has reviewed the details of the Elam/Vagneur Gravel Pit permit application under the authority of the Pitkin County Land Use Code and has the following comments: WATER SUPPLY Potable drinking water is provided to staff and the RV Park in bottled form. SEWAGE TREATMENT AND COLLECTION The office and the RV Park are each served by onsite wastewater treatment systems (OWTSs). Heiberger stated that the tanks are pumped more frequently than the frequency defined in County OWTS regulations. An invoice was provided that indicated both tank were pumped on 4/7/08. In 2006 the earthmoving contractor for the Woody Creek Trailer Park had stock piled earth on top of the absorption area component of the RV Park OWTS. The contractor has removed the earth and the absorption area has been barricaded, but the area must be reseeded. This area is adjacent to the new water tank that will serve the Park. Condition of Approval: When the water tank area is completed, but no later than this fall, the absorption area of the OWTS must be reseeded and a permanent type barrier installed so there can be no vehicle traffic over the absorption area. Printed on Recycled Paper AIR QUALITY One complaint was received in May 2007 of a large amount of dust blowing over the berm and towards a house on the Woody Creek Road. MacKenzie was told by Gayle Lyman of Elam that a LaFarge employee error caused a hose to become disconnected and spill dry cement. At about the same time a `dust devil' crossed the property. Lyman said that they will commit to checking all hoses and replacing safety pins if necessary. NOISE During the site visit there was no noise since minimal activity was occurring at the site. Elam has developed a protocol for conducting their own noise monitoring. The protocol includes noise measurements at the various locations along the property boundary during all mining operations. The results are documented in a field logbook and maintained in company files for review by the County and the public. These files were reviewed by MacKenzie and Clark at the time of the site visit. The reports indicate that Elam is in compliance with the County Code's Noise Abatement regulations. CONFORMANCE WITH OTHER ISSUES Fuel Storage Areas: Containment were properly positioned and in good condition. No stained soil was observed. One fuel storage tank is not being used and will be removed. Contaminated water in the containment structure will be pumped out and taken to an approved sight for disposal. WATER RESOURCES Sample reports were on-site and in good order. No contaminants had been identified in the water samples or the soil samples conducted during the permit period. Snow storage areas were well maintained away from the low-lying areas of the gravel operations. Future operations for snow storage will be exclusively located at the highest portions of the pit and will be graded to ensure infiltration of snow melt waters. Recommendation: The EH/NR Department recommends approval of the application with the stated conditions. Printed on Recycled Paper 0 . Page 1 of 2 Nancy Mackenzie From: Nancy Mackenzie Sent: Thursday, September 14, 2006 10:37 AM To: Ezra Louthis Subject: RE: Need update on Woody Creek Subdivision Minor Amendment, Case P205-06 The septic field for the RV park is close to the area where they will install the tank, so they need to ensure that no construction traffic goes over this area. If the tank is set below ground level, there might be setback issues, but I've been told it will be completely above the ground. There are water line setbacks from the septic field, but all lines going to WCMHP shouldn't be a problem. From: Ezra Louthis Sent: Tuesday, September 12, 2006 9:07 AM To: Nancy Mackenzie Subject: RE: Need update on Woody Creek Subdivision Minor Amendment, Case P205-06 Is there anything you need to look at regarding this? I wouldn't say it is a done deal, but... From: Nancy Mackenzie Sent: Friday, September 08, 2006 8:18 AM To: Ezra Louthis Subject: FW: Need update on Woody Creek Subdivision Minor Amendment, Case P205-06 It is Friday and I hadn't heard back from you on this. ?? From: Nancy Mackenzie Sent: Wednesday, September 06, 2006 3:04 PM To: Ezra Louthis Subject: Need update on Woody Creek Subdivision Minor Amendment, Case P205-06 Ezra, We received a referral for this application on August 29, with a response due by this coming Friday, September 8th. I saw that there was an MOU to the BOCC on yesterday's agenda. Based on the MOU, it sounds like the decisions have been made and that you really don't want or feel it is necessary for EH input on this. So just wondering why this was sent to us for a quickie response. Also when a fee is not collected at time of submission, we invoice people directly. So I don't want us to do needless review and needless charge if this is a done deal. So please let me know Thanks, Nancy Nancy MacKenzie 970-920-5076 Sr. Environmental Health Specialist Pitkin County Environmental Health & Natural Resources Department 9/14/2006 ELAM CONSTRUCTION, INC. SOIL SAMPLING PROTOCOL VAGNEUR GRAVEL PIT Pitkin County, Colorado Revised September 1, 2006 To insure that Vagneur Pit soil stockpile samples are properly collected, handled and analyzed, Elam Construction, Inc. (Elam) has implemented the following protocol. Composite samples will be collected from the soil stockpile using decontaminated sampling tools and following standard protocol for environmental sample collection and handling, as described below. 1. Proper sampling equipment includes: stainless-steel spoon and bowl, latex (or Nitrile) gloves, laboratory -supplied pre -cleaned sample jars, sample jar labels, pen and field logbook, laboratory chain -of -custody (CoC) forms, and pre -chilled cooler (using Blue Ice°, or similar). 2. All non -disposable sampling equipment will be decontaminated before and after sampling. Decontamination of sampling equipment will consist of washing with non -phosphate soap (such as Liquinox° or Alconoxo) and rinsing with distilled water. 3. At least one composite sample will be taken for each 20,000 cubic yards of soil accepted at Elam's designated site within the Vagneur Gravel Pit. At a minimum, one composite soil sample shall be taken quarterly from the imported soil stockpile. As an example, a composite sample will include collection of soil from at least three separate locations within the stockpile (3 spots), collected in equal proportion using the stainless-steel spoon and bowl. The collected soil should be homogenized (i.e., sufficiently mixed) in the bowl prior to final placement in the sample jar. I 4. The sample collection date and time, sampler initials, and requested laboratory analyses will be placed on the sample jar label and chain -of - custody (CoC) form. 5. All samples will be placed in a cooler immediately after collection and the inside cooler temperature shall be maintained at or near 4° C (39° F), until delivery to the analytical laboratory. 6. A field logbook will be maintained to document all sampling activities, and all field notes will be entered in permanent ink. The log sheet shall contain the following information: collection date and time, sampler initials, and comments 7. Each soil sample will be submitted for laboratory analysis of the following parameters, on a standard turn -around basis: ANALYSIS 8. METHOD Total Recoverable Petroleum Hydrocarbons (TRPH) EPA 418.1 Benzene, toluene, eth (benzene, and xylenes BTEX EPA 8021 B Total RCRA Metals EPA 6000 & 7000 seri--- eries 8. The soil samples will be submitted to a qualified testing laboratory via hand delivery or overnight courier (i.e., FedEx). 9. Records of each sampling event, including the CoCs and laboratory report forms, will be maintained at either Elam's Grand Junction or Vagneur Pit offices. 10. In the event that obviously contaminated soil (unusual dark staining or discoloration, petroleum odor, or solid wastes) is identified during the 2 E sampling process, all work in the immediate area will cease and the facility manager will be notified. 11.Analytical laboratory results will be compared to current State (or Federal) standards for allowable petroleum hydrocarbon and/or metals levels. 12. Questions about this soil sampling protocol should be directed to the Property Division Manager in Elam's Grand Junction office (970-242- 5370). 3 ELAM CONSTRUCTION, INC. SOIL SAMPLING PROTOCOL VAGNEUR GRAVEL PIT Pitkin County, Colorado Revised September 1, 2006 To insure that Vagneur Pit soil stockpile samples are properly collected, handled and analyzed, Elam Construction, Inc. (Elam) has implemented the following protocol. Composite samples will be collected from the soil stockpile using decontaminated sampling tools and following standard protocol for environmental sample collection and handling, as described below. 1. Proper sampling equipment includes: stainless-steel spoon and bowl, latex (or Nitrile) gloves, laboratory -supplied pre -cleaned sample jars, sample jar labels, pen and field logbook, laboratory chain -of -custody (CoC) forms, and pre -chilled cooler (using Blue Ice°, or similar). 2. All non -disposable sampling equipment will be decontaminated before and after sampling. Decontamination of sampling equipment will consist of washing with non -phosphate soap (such as Liquinox(5 or Alconoxo) and rinsing with distilled water. 3. At least one composite sample will be taken for each 20,000 cubic yards of soil accepted at Elam's designated site within the Vagneur Gravel Pit. At a minimum, one composite soil sample shall be taken quarterly from the imported soil stockpile. As an example, a composite sample will include collection of soil from at least three separate locations within the stockpile (3 spots), collected in equal proportion using the stainless-steel spoon and bowl. The collected soil should be homogenized (i.e., sufficiently mixed) in the bowl prior to final placement in the sample jar. 4. The sample collection date and time, sampler initials, and requested laboratory analyses will be placed on the sample jar label and chain -of - custody (CoC) form. 5. All samples will be placed in a cooler immediately after collection and the inside cooler temperature shall be maintained at or near 4° C (39° F), until delivery to the analytical laboratory. 6. A field logbook will be maintained to document all sampling activities, and all field notes will be entered in permanent ink. The log sheet shall contain the following information: collection date and time, sampler initials, and comments 7. Each soil sample will be submitted for laboratory analysis of the following parameters, on a standard turn -around basis: ANALYSIS METHOD Total Recoverable Petroleum Hydrocarbons (TRPH) EPA 418.1 Benzene, toluene, eth (benzene, and xylenes BTEX EPA 8021 B Total RCRA Metals EPA 6000 & 7000 series 8. The soil samples will be submitted to a qualified testing laboratory via hand delivery or overnight courier (i.e., FedEx). 9. Records of each sampling event, including the CoCs and laboratory report forms, will be maintained at either Elam's Grand Junction or Vagneur Pit offices. 10. In the event that obviously contaminated soil (unusual dark staining or discoloration, petroleum odor, or solid wastes) is identified during the 4 sampling process, all work in the immediate area will cease and the facility manager will be notified. 11.Analytical laboratory results will be compared to current State (or Federal) standards for allowable petroleum hydrocarbon and/or metals levels. 12. Questions about this soil sampling protocol should be directed to the Property Division Manager in Elam's Grand Junction office (970-242- 5370). 3 ELAM CONSTRUCTION, INC. WATER SAMPLING PROTOCOL VAGNEUR GRAVEL PIT Pitkin County, Colorado Revised September 1, 2006 To insure that surface water in the Vagneur Gravel Pit has not been adversely impacted by mining operations, Elam Construction, Inc. (Elam) has implemented the following protocol for sampling surface water impounded within the floor of the gravel pit. Samples will be collected from the impounded water by Elam personnel utilizing the procedure described below. 1. New, disposable gloves (either latex or nitrile) will be donned before sampling. 2. The water sample will be collected by slowly immersing laboratory - supplied glass bottles and/or vials in the water column, approximately 4 to 6 inches below the surface, if possible. 3. If the glass bottles and/or vials contain laboratory -supplied acid preservation, this material shall not be allowed to flow from the container during sample collection. 4. At least one surface water sample will be collected monthly when seasonally present in pit floor within the Vagneur Gravel Pit. 5. The sample collection date and time, sampler initials, and requested laboratory analyses will be placed on the sample jar label and chain -of - custody (CoC) form. 6. All samples will be placed in a pre -chilled cooler immediately after collection, and transported immediately to the selected analytical laboratory. 7. A field logbook will be maintained to document all sampling activities, and all field notes will be entered in permanent ink. The log sheet shall contain the following information: collection date and time, sampler initials, and comments. 8. Each water sample will be submitted for laboratory analysis of the following parameters, on a standard turn -around basis: ANALYSIS METHOD Total Recoverable Petroleum Hydrocarbons TRPH EPA 418.1 Benzene, toluene, eth (benzene, and xylenes BTEX EPA 8021 M/602 Total RCRA Metals EPA 200 series 9. The water samples will be submitted to a qualified testing laboratory via hand delivery or overnight courier (i.e., FedEx). 10. Records of each sampling event, including the CoCs and laboratory report forms, will be maintained at either Elam's Grand Junction or Vagneur Pit offices. 11. Questions about this water sampling protocol should be directed to the Property Division Manager in Elam's Grand Junction office (970-242- 5370). E ELAM CONSTRUCTION, INC. VAGNEUR GRAVEL PIT IMPORTED MATERIAL 2008 WEEK ENDING WEEKLY IMPORT QUANTITY CUMMULATIVE IMPORT TOTAL COMMENTS 5 -Jan 50 50 12 -Jan 80 130 19 -Jan 26 -Jan 40 110 170 280 2 -Feb 110 390 9 -Feb 70 460 16 -Feb 350 810 23 -Feb 180 990 1 -Mar 670 1,660 8 -Mar 760 2,420 15 -Mar 370 2,790 22 -Mar 280 3,070 29 -Mar 210 3,280 Sample VAG-S08-01; VAG-W08-01, 02 5 -Apr 350 3,630 12 -Apr 1,510 5,140 19 -Apr 2,120 7,260 26 -Apr 1,830 9,090 3 -May 1,930 11,020 10 -May 1,930 12,950 17 -May 1,270 14,220 24 -May 1,790 16,010 31 -May 565 16,575 7 -Jun 1,270 17,845 14 -Jun 480 18,325 21 -Jun 850 19,175 Sample VAG-S08-02, VAG-W-08-03 28 -Jun 650 19,825 5 -Jul 670 20,495 12 -Jul 2,230 22,725 19 -Jul 660 23,385 26 -Jul 4,614 27,999 2 -Aug 760 28,759 9 -Aug 220 28,979 16 -Aug 1,000 29,979 23 -Aug 330 30,309 30 -Aug 100 30,409 6 -Sep 120 30,529 13 -Sep 660 31,189 20 -Sep 350 31,539 Sample VAG-S08-03, 27 -Sep 730 32,269 4 -Oct 800 33,069 11 -Oct 210 33,279 18 -Oct 200 33,479 25 -Oct 120 33,599 1 -Nov 0 33,599 8 -Nov 0 33,599 15 -Nov 10 33,609 22 -Nov 0 33,609 29 -Nov 80 33,689 6 -Dec 130 33,819 13 -Dec 360 34,179 Sample VAG-S08-04 20 -Dec 130 34,309 27 -Dec 1560 35,869 MEMORANDUM OF INTEREST TO: Board of County Commissioners FROM: Rose Ann Sullivan, Environmental Health & Natural Resources Department RE: Disposal of Smuggler Soil and Other Potentially Contaminated Soil Outside of the Landfill DATE: July 11, 2006 The purpose of this Memorandum is to confirm that the Board is in agreement with the guidelines that Environmental Health & Natural Resources ("EH&NR") and Community Development propose to follow in instances where a developer desires to utilize soil from the Smuggler Superfund Site ("Smuggler"), or another potentially contaminated site, as fill in unincorporated Pitkin County. Background Soil tipping fees at the Pitkin County Landfill have risen over the last year. Additionally, the Landfill recently reinstituted soil tipping fees for soils and other excavated material from Smuggler. As a result of these changes, large developments on Smuggler are looking for alternative locations to dispose of uncontaminated soil.' Fox Crossing, the first of these large developments, is interested in providing uncontaminated soil for use as a road base at a new development in Wingo Junction. Thus, there is an immediate need to provide developers with guidelines for alternative disposal of Smuggler soil in Pitkin County. EH/NR and the Landfill contacted the Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment (the "Division') to clarify the regulatory requirements associated with disposal of soils and other excavated material from Smuggler. Staff then prepared a "protocol" for dealing with requests to transport material from Smuggler (or another potentially contaminated site) to a location other than the Pitkin County Landfill, or another licensed facility. This "protocol" was reviewed with the Division and has resulted in the recommendations summarized below. Analysis and Recommendations • Smuggler Institutional Controls: The Smuggler Institutional Controls adopted by both the County and the City of Aspen require that soils or other material with lead concentrations of > 1,000 ppm that are removed from Smuggler must be disposed of at "a duly licensed and authorized facility," such as the Pitkin County Landfill. The County ' Under the Smuggle Institutional Controls, "uncontaminated soil" is soil containing lead concentrations of < 1,000 ppm. 2 Both Staff and the Division were unsuccessful in obtaining specific input on a "protocol" from the U.S. EPA Region VIII Remedial Project Manager for Smuggler. A Memorandum summarizing staff's discussions with Division staff and the recommendations contained in this Memorandum of Interest has been forwarded to him. tracks disposal of contaminated soil and other contaminated materials by a "Smuggler Mountain Superfund Site Soil Removal Permit' system. This disposal requirement and this tracking system will remain in place. The Smuggler Institutional Controls also allow the respective jurisdictions to "require any person undertaking ... development within the Site to test any soil or material to establish its total lead (Pb) content for purposes of determining the application of [the Institutional Controls]." Such testing must utilize and adhere to protocols established or approved by the U.S. EPA. Under this authority, staff will permit a developer to conduct suitable sampling and testing of excavated materials, when necessary, to differentiate and segregate contaminated soils and other materials (which must be disposed of at the Pitkin County Landfill or another duly licensed facility) from uncontaminated soils and other materials (which are not subject to the Institutional Controls). Staff will require the developer to: (i) obtain staff review and approval of its sampling methodology, (ii) certify, 3 in writing, that its sampling methodology and testing utilized and adhered to U.S. EPA established protocols, and (iii) provide staff with its analytical test results demonstrating a lead content of < 1,000 ppm. • Earthmoving Permits Access Driveway Development Permits Building Permits and Other Land Use Approvals: Historically, the County has requested an environmental assessment of a site when the review of a permit application, or other land use review, "raised a red flag." Some permit applications, such as the current Earthmoving Permit, specifically require disclosure of the source of the fill covered by the permit.4 Due to the potential increase in disposal of soils from Smuggler outside of the Landfill, and developers' desire for certainty with respect to County requirements for disposal of such material, Community Development (with referrals to EH/NR and/or the Landfill, as appropriate) will follow the "protocol" summarized below in its permit reviews. Uncontaminated Soils and Other Material from Smuggler: A developer that desires to utilize fill material that has passed Institutional Controls testing for lead (as outlined above) will be required to further analyze the proposed fill material and support its County permit application with the following documentation: i. A description of the sampling and testing methodology used on the fill material, an analysis of the test results, and a certification that U.S. EPA -established protocols were utilized and adhered to. ii. A certification that: (a) under federal and state law, the fill material does not constitute a hazardous substance requiring disposal at a duly licensed and authorized receiving facility for hazardous waste; and (b) the fill material does not exceed the values for the "Metals and Inorganic Compounds" listed in the attached Table.' 3 It is staffs expectation that the "certifications" required under this Memorandum of Interest will be provided by a professional environmental consultant knowledgeable and experienced with respect to the requirements of federal and state law governing characterization of hazardous substances and hazardous waste management. 4 Staff is in the process of adding a similar disclosure requirement to its other permit applications. 5 The attached Table is derived from Table 1, "Soil Cleanup Value Standards," in the Division's "Proposed Soil Remediation Objectives Policy Document' (December 1997). Table 1 was 2 Potentially Contaminated Soils and Other Material from Other Abandoned Mine Sites Sites Which Previously Stored Junked Vehicles Oil or Gasoline Tanks, or Other Chemicals: In those instances where a developer desires to utilize potentially contaminated fill material from another abandoned mine site, or other parcel which staff believes may contain hazardous substances, the developer will be required to analyze the proposed fill material and support its permit application with the following documentation: For abandoned mine sites: (a) The results of a Toxicity Characteristic Leaching Procedure ("TCLP") analysis of the fill material, demonstrating that the material passes the TCLP test with respect to all eight of the Resource Conservation and Recovery Act (°RCRA") metals.6 (b) A certification that, under federal and state law, the fill material does not constitute a hazardous substance requiring disposal at a duly licensed and authorized receiving facility for hazardous waste. (c) A certification that (1) the fill material does not exceed the values for the "Metals and Inorganic Compounds" listed on the attached Table (supported by the actual test results), and (2) U.S. EPA -established protocols for sampling and testing were utilized and adhered to in determining this fact. Depending upon the history of the site, staff may also require sampling and analysis for additional compounds listed on the attached Table. For other potentially contaminated sites: (a) A certification that, under federal and state law, the fill material does not constitute a hazardous substance requiring disposal at a duly licensed and authorized receiving facility for hazardous waste. designed to support a methodology for calculating soil remediation objectives. The levels of the various compounds in Table 1 "were established using conservative assumptions about contaminant migration in the subsurface and evaluating potential exposures through direct contact ... and migration to groundwater." The Division's original Table 1 allows for higher levels of chemicals in both "Commercial" and "Industrial" areas. The attached Table utilizes the lower levels designated by the Division for "Residential/Unrestricted" land uses for all parcels in the County. Additionally, the Division's original Table 1 does not specify maximum concentration levels for some chemicals when there is a specific need to be protective of groundwater, and, in some instances, allows higher chemical concentrations than those associated with a designated land use. Staff is requiring that, at a minimum, the "Residential/Commercial/Industrial/Unrestricted Land Use" levels be utilized as threshold indicators for groundwater protection. 6 The TCLP test is designed to simulate leaching in a municipal landfill. The test identifies wastes which pose a threat to groundwater if improperly managed and uses a landfill situation as a "worst case scenario." r� (b) A certification that (1) the fill material does not exceed the values for the relevant compounds listed on the attached Table (supported by the actual test results), and (2) U.S. EPA -established protocols for sampling and testing were utilized and adhered to in determining this fact. The "relevant compounds" must be determined, in consultation with staff, on a case by case basis (depending upon an analysis of the history of the site). _Sites in Proximity to Surface Waters Groundwater, or Other Sensitive Environments: Potential soil contamination is only one factor to be considered in evaluating a permit application. Whether the fill is "uncontaminated" soil from Smuggler or from another potentially contaminated location, the site specific characteristics of the receiving parcel must also be evaluated. Thus, a developer may also be required to independently address any technical or regulatory concerns staff may have with placement of the fill in proximity to surface waters, ground water, or other sensitive environments (e.g., wetlands). BOCC ACTION: None required, unless the Board is not in accord with the proposed guidelines. Attachment Ccs: Lance Clarke, Assistant Director, Pitkin County Community Development Tony Fusaro, Chief Building Official, Pitkin County John Ely, County Attorney Brian Pettet, Director of Pitkin County Public Works Lee Cassin, Director of City of Aspen Environmental Health Chris Hoofnagle, Solid Waste Operations Manager, Pitkin County Landfill 4 .................. ................. . Table: Soil Value Standards [mg/kg] (6) Chemical Volatile Organic Compounds CAS Residential/ Commercial/ Industrial/ Unrestricted Soil Concentration Protective of Groundwater 4 Leachate Reference Concentration [mg/kg] Notes [mg/kgl L [mg/kNotes [mg/11 Notes Benzene 71-43-2 0.60 c 0.17 NA Carbon Tetrachloride 56-23-25 0.23 c 0.925 NA 1,1-Dichloroethane 75-34-3 546.80 nc 16.5 NA 1,1-Dichloroeth lene 75-35-4 0.05 c 12.0 NA Eth lbenzene 100-41-4 1,000 5,nc 104.3 NA Pentachlorophenol 87-86-5 0.51 c 0.045 NA Tetrachloroethylene 127-18-4 2.02 c 1.875 NA Toluene 108-88-3 667.85 nc 85 NA 1,1,1 -Trichloroethane 71-55-6 797.19 nc 62.5 NA Trichloroethylene 1 79-01-6 2.99 c 0.675 NA Vinyl chloride 75-01-4 0.02 c 7.0 NA Semi -Volatile Organic Compounds Naphthalene 91-20-3 289.1Anc 51.4 NA Phenol 108-95-2 1,000 23.675 NA Xylene total 1330-20-7 1,000 1,000 5 NA Pesticides/PCBs DDT 50-29-3 0.58 c 1,000 5 NA Dieldrin 60-57-1 0.01 c 1,000 5 NA PCBs 1336-36-3 0.07 c 1,000 5 NA -Arocfor 1016 1 126-74-112 2.99 nc 1,000 5 NA -Aroclor 1254 110-97-691 O.g3L nc 1,000 5 NA Metals and Inorganic Compounds Arsenic 7440-38-2 78.0 c, 7 NA (Use 78.0) Cadminum and compounds 7440-43-9 99.5 nc NA (Use 99.5) 0.11 Chromium VI 7440-47-3 53.94 nc NA (Use 53.94) 2.2 1 Copper and compounds 7440-50-8 2,570 nc NA (Use 2,570)1 22 Lead 1 7439-92-1 400 nc,3 NA (Use 400) 1.1 Mercury (inorganic) 7439-97-6 17.66 nc NA (use 17.66)1 0.044j_LLL:j .................. ................. . NOTES: c - Standard based on carcinogenic risk. nc - Standard based on noncarcinogenic risk. NA - Not Applicable: use of this Table to select soil remediation objectives under Tier 2 (as described in the CDPHE's "Proposed Soil Remediation Objectives Policy Document" (Dec. 1997)) does not allow for the calculation of a soil concentration under this column. 1. For total chromium 2. Includes residential areas, playgrounds, parks and other public areas, as well as industrial and commercial sites. 3. EPA, July 14, 1994 "Revised Interim Soil Lead Guidance for CERCLA Site and RCRA Corrective Action Facilities," OSWER Directive 9355.4- 12. 4. To be utilized when there may be direct contact with surface or groundwater resources. (Most restrictive standard to be used+A11.) 5. Upper Concentration Limit 5. Derived from Table 1, "Soil Cleanup Value Standards," of the CDPHE's "Proposed Soil Remediation Objectives Policy Document" (Dec. 1997) 7. Higher Arsenic level utilized than in the CDPHE's Table 1 (reflecting higher natural background levels), based upon the recommendation o� CDPHE staff in a June 21, 2006 conference call. Ad b7,:Sti:17 9007,/S U8 - l IJHd dad 1WS�l ON - - x