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HomeMy WebLinkAboutC08-065 - U S Patent - pellet mill
EAGLE COUNTY
COUNTY ATTORNEY'S OFFICE
P.O. Box 850
500 Broadway
Eagle, Colorado 81631
970-328-8685
Fax 970-328-8699
Memorandum
To:
Ron Rasnic
Road and Bridge Department
Date: December 26, 2002
From: Diane H. Mauriello ~
County Attorney
Ron -
I have reviewed the enclosed patent from the U.S. Department of Interior. It can now
be recorded in the Clerk and Recorder's office. Please be aware of and comply with the
requirements of the patent.
If you have any questions, please call.
Thank you.
Ron Rasnic
Eagle County Solid Waste Manager
P.O. Box 250
Eagle, CO 81631
Tele: 970.926.3125
Fax: 970.926.3603
E-mail: ron.rasnic@eaglecounty.us
Memo
/lU I( ~;l~;
,Fl'';'
b
J J ./ &'./ 0
From:
Bryan Treu, Eagle County Attorney /
Ron Rasnic, Eagle County Solid Waste Manager J..
To:
cc:
Date: November 7, 2006
Re: LandfilVBLM patent - pellet mill
Hopefully Bruce or Eric Lovgren has given you a heads up about this, Le., the possibility of allowing a
private vendor to set up and operate a pellet mill on landfill property. The pellet mill would manufacture
pellets from beetle-killed trees for use in wood burning stoves. The pellets would be sold to retailers
such as Home Depot, etc. That's it in a nutshell.
Before proceeding I think it is prudent to ensure that we would not be violating the terms of the patent.
I have attached several documents including copies of the two (2) patents, the Plan of Development
and the Wildlife Mitigation Plan for your review.
Please let me know if I can be of further assistance.
. .
. .
~..,..~:~ f ',.
Form 1860-9
(January 1988)
Colorado 36803
Colorado 63662
~bt Itnittb ~tatt5 of ~mtrita
Qto all to tDbom tbese presents ~all come, ereding:
WllEREAS
1111111I11111111111111 ~?;~~g2 .2.
Sara J Fisher Eaele. CO 299 R 0.00 0 0.00
The County of Eagle, State of Colorado,
is entitled to a land patent pursuant to the Recreation and Public Purposes Act of Junc 14, 1926,
as amended and supplemented (43 U.S.c. 869; 869-1-869-4) for the following described land:
Sixth Principal Meridian, Colorado,
T. 4 S., R. 83 W.,
sec. 2, El/2SWl/4SWl/4, SWI/4SWl/4SWl/4,
SEl/4SWl/4, and S1I2SE1I4;
sec. 10, Sl/2NEl/4NE1I4, SEl/4NEl/4, E1I2SEI/4,
EII2W1I2SEl/4, and El/2Wl/2SWl/4SEl/4;
sec. II, NII2Nl/2, SW1I4NWl/4,W1I2SE1I4NWl/4,
Wl/2E1I2SEl/4NWl/4, Wl/2Wl/2SWl/4,
Wl/2El/2WII2SWl/4, E1I2NEl/4NWl/4SWl/4,
and WI/2NWl/4NE1I4SWI/4,
containing 640.00 acres.
WHEREAS, the County of Eagle, State of Colorado, is also entitled to a Patent pursuant
to Section 209 of the Act of October 21, 1976 (43 U.S.c. 1719), for the mineral deposits in the
land descli bed above.
NOW KNOW YE, that the UNITED STATES OF AMERICA, in consideration of the
premises, and in conformity with the said Act of Congress, HAS GIVEN AND GRANTED, and
hy these presents DOES GIVE AND GRANT unto the said County of Eagle, State of Colorado,
the land above descrihed, for solid waste disposal purposes only, TO HAVE AND TO HOLD the
same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever
nature, thereunto helonging, unto the County of Eagle, State of Colorado, and its assigns, forever;
and
1':1I,'1l1 \ umoel
_ Jl~2003-0027
Page 1
of G
Colorado 36803
Colorado 63662
1111111I11111111111111 ~?;~~t~1202.
Sara J Fisher Eaele, CO
299
R 0.00
o 0.00
EXCEPTING AND RESERVING TO THE UNITED STATES:
I. A right-of-way thereon for ditches and canals constructed by the authority of the
United States under the Act of August 30,1890 (43 U.S.c. 945), and
SUBJECT TO:
1. Those rights for electric transmission line purposes as have been granted to Holy
Cross Energy, its successors and assigns, by right-of-way Colorado 31358 under the
Act of October 21, 1976 (43 U.S.C. 1761) across the SEl/4NE1I4 of section 10 and
the N l/2NW 1/4 and SW 1I4NW 114 of section II, T. 4 S., R. 83 W., Sixth Principal
Meridian, Colorado.
2. Those rights for telephone line purposes as have been granted to CenturyTel of Eagle,
Inc., its successors and assigns, by rights-of-way Colorado 35138 and Colorado 50820
under the Act of October 21, 1976 (43 U.S.C. 1761) across the SW1I4NE1/4 and
E1/2NW l/4SE 1/4 of section 10, the SWl/4NWl/4, Wl/2SE1I4NWl/4 and
Wl/2E1I2SEI/4NWl/4 of section II, T. 4 S., R. 83 W., Sixth Principal Meridian,
Colorado.
3. Those rights for access road purposes as have been granted to Upper Eagle Valley
Consolidated Sanitation District and its assigns, by right-of-way Colorado 40272
under the Act of October 21, 1976 (43 U.S.C. 1761) across the SEl/4NEl/4 of
section 10 and SW 1I4NW 1/4 of section II, T. 4 S., R. 83 W., Sixth Principal
Meridian, Colorado.
4. Those rights for access road purposes as have been granted to Eagle County by right-
of-way Colorado 40277 under the Act of October 21, 1976 (43 U.S.c. 1761) across
the WI/2NW1I4 of section II, T. 4 S., R. 83 W., Sixth Principal Meridian, Colorado.
5. Those rights for access road purposes as have been granted to Chris Jouflas, his
successors and assigns, by right-of-way Colorado 57551 under the Act of October 21,
1976 (43 U.S.c. 1761) across the SEl/4NEl/4 of section 10, the SW1/4NW1/4,
WI/2SEI/4NW1I4 and W1I2EI12SE1I4NW1I4 of section 11, T. 4 S., R. 83 W., Sixth
Principal Meridian, Colorado.
Patent Number
05-2003-0027
Page 2 of 6
Colorado 36803
Colorado 63662
111111111111111 1m I ~~~~~ t.,.
Sar;lt J Fisher Eagle, CO 299 R 0.00 0 0.00
I
I
This patent is subject to the following term, and conditions:
1. Provisions of the Recreation and Pubhc Purposes Act, as amended, and to all
applicable regulations of the Secrewt of the Interior.
2. The patentee shall comply with all Fdderal and State laws applicable to the disposal,
placement, or release of hazardous s*bstances. (substance as defined in 40 CPR
Part 302).
I
3. Provided that the Secretary of the Inlrior may take action to revest title in the
United States if the patentee directly r indirectly permits its agents, employees,
contractors, or subcontractors (inclu . ng without limitation, lessees, sublessees, and
permittees), to prohibit or restrict theluse of any part of the patented land or any of
the facilities thereon by any person b~ause of such person's race, creed, color, sex,
or national origin.
4. Provided further, that the title shall ~ vert to the United States upon a finding,
after notice and opportunity for a he . ng, that the patentee has not substantially
developed the lands in accordance w' the Landfill Plan of Development, Eagle
County/BLM Land Transfer dated M ch 29, 2000, on or before the date five years
after the date of conveyance. Provid that no portion of the land shall under any
circumstances revert to the United S tes if any such portion has been used for solid
waste disposal or for any other purpo e which may result in the disposal, placement,
or release of any hazardous substanc .
5. If at any time, the patentee transfers t another party ownership of any portion of
the land not used for the purpose(s) s ified in the application and approved plan of
development, the patentee shall pay e Bureau of Land Management the fair market
value as determined by the authorize officer, of the transferred portion as of the date
of transfer, including the value of an improvements thereon.
!
6. Eagle County, its successors or assi s, assumes all liability for and shall defend,
indemnify, and save harmless the U ted States and its officers, agents,
representatives, and employees (here nafter referred to in this clause as the United
States), to the extent allowed by law, from all claims, loss, damage, actions, causes of
action, expense, and liability (herein er referred to in this clause as claims) resulting
from, brought for, or on account of, y personal injury, threat of personal injury, or
property damage received or sustain by any person or persons (including the
patentee's employees) or property gr wing out of, occuning, or attributable directly
!
Patent Number
05-2003-0027
Page 3 of 6
Colorado 36803
Colorado 63-662
J~ lItH.,I,! IJIIIJIIJ JI.. ~~;~~}2.2P
or indirectly, to the disposal of solid tvaste on, or the release of hazardous substances
from: Sixth Principal Meridian, Col ado, T. 4 S., R. 83 W., sec.2, E1/2SW1/4SW1/4,
SW1/4SW1/4SW1/4, SE1/4SW1/4, d S1/2SE1/4; sec. 10, Sl/2NE1/4NE1/4,
SE1/4NE1/4, E1/2SE1/4, ElI2W1/2 E1/4, and E1/2W1/2SW1/4SE1/4 ,
sec. 11, N1/2N1/2, SWl/4NWl/4, 1/2SE1/4NW1/4, W1/2ElI2SE1/4NW1/4,
W1/2W1/2SW1/4, WlI2E1/2W1/2S 1/4, El/2NE1/4NW1/4SW1/4, and
W1/2NW1/4NE1/4SW1/4, regardles of whether such claims shall be attributable to:
(1) the concurrent, contributory, or p . al fault, failure, or negligence of the United
States, or (2) the sole fault, failure, or negligence of the United States.
The above-described land is being conveyed fo~ utilization as a solid waste disposal facility in
accordance with the approved Plan. Upon closljrre, the landfill may contain small quantities of
commercial and household hazardous waste as etennined in the Resource Conservation and
Recovery Act of 1976, as amended (42 U.S.C. 901), and defined in 40 CPR 261.4 and 261.5.
Although there is no indication that these mate als pose any significant risk to human health or
the environment, future land uses should be li "ted to those which do not penetrate the liner or
final cover of the landfill unless excavation is c, nducted subject to applicable State and Federal
requirements.
Eagle County will maintain all records for the~. te at the landfill facility, (including detailed
land-use plans and landfill specifications) durin the life of the landfill, and thereafter at the
Eagle County Clerk and Recorder's Office, Ea e, Colorado. Bureau of Land Management
records for this site will be filed with the Burea of Land Management, Colorado State Office,
Lakewood, Colorado. i
I
The lands described in this patent have been us~d for or are being conveyed for utilization as a
solid waste disposal site. As of the date of patept, the lands have been used as follows:
a) trench and area fill
b) depth of landfill: up to thirty feet
c) liner: compaeted clay and shale
d) cover: 21/2 to 31/2 feet of compacted soil
e) Types and location of waste:
P t t N b 05-2003-0027
a en um er
Page 4 of 6
Colorado 36803
Colorado 63662
1111111I11111111111111
Sar~ J Fisher Eagle, CO
818917
Page: 5 of 6
12/31/2002 12:02P
R 0.00 D 0.00
299
(1) Municipal solid waste and construct~on/demolition debris: section 2, SEl/4SWl/4,
section 10, SEl/4NEl/4, NEl/4SEl~4, section 11, NEl/4NWl/4, SWl/4NWl/4,
NWI/4SWl/4. i
(2) Separated construction debris (clean! wood): section 2, SWl/4SWl/4.
(3) Storage of metal goods (for recyclin~): section 2, SWl/4SWl/4,
section 10, SEl/4SEl/4. [
(4) Tire storage: section 11, NEl/4NW /4.
(5) Liquid waste (septage): section 10, El/4NEl/4, NEl/4SEl/4,
section 11, SWl/4NWl/4 and NW /4SWl/4.
t) During the remaining life of the site, the Ian III operation will expand to use additional areas
suitable for landfill purposes and recyclable aterials storage.
The grant of the herein described land is furtherl subject to the following reservations, conditions,
and limitations: :
i
1. The patentee or its successor in intere t shall comply with and shall not violate any
of the terms or provisions of Title VI f the Civil Rights Act of 1964 (78 Stat. 241),
and requirements of the regulations, modified or amended, of the Secretary of the
Interior issued pursuant thereto (43 C 17) for the period that the lands conveyed
herein are used for the purpose for w ich the grant was made pursuant to the act cited
above, br:-for anotheYljiliposeinvol . g the provision of similar serYicesCotbetieftts;
I
I
2. The United States shall have the righ:.to seek judicial enforcement of the
requirements of Title VI of the Civil . ghts Act of 1964, and the terms and conditions
of the regulations, as modified or am ded, of the Secretary of the Interior issued
pursuant to said Title VI, in the event Jof their violation by the patentee.
j
3. The patentee or its successor in intere t will, upon request of the Secretary of the
Interior or his delegate, post and mai tain on the property conveyed by this document
signs and posters bearing a legend co cerning the applicability of Title VI of the Civil
Rights Act of 1964 to the area or faci ity conveyed.
05-2003-0027
Patent Number
Page 5 of 6
.
Form 1860-10
(January 2001)
Colorado 368'03
Colorado 63662
J lILllIUJ 1.1111[..1 1I..t ~+'~~2'02.
I
,
4. The reservations, conditions, and limi~ations contained in paragraphs 1-3 shall
constitute a covenant running with th~ land, binding on the patentee and its successors
in interest for the period for which thq land described herein is used for the pwpose
for which this grant was made, or for imother pwpose involving the provisions of
similar services or benefits. .
S. The assurances and covenant require~ by paragraphs 1-4 above shall not apply to
ultimate beneficiaries under the progr~ for which this grant is made. "Ultimate
beneficiaries" are defined in 43 CFR ~7.12(h).
IN TESTIMONY WHEREOF, the undersigned authorized officer of the Bureau of
Land Management, in accordance with the provisions of the Act of
June 17, 1948 (62 Stat 476), has, in the name of the United States, caused
these letters to be made Patent, and the Seal of the Bureau to be hereunto
affIXed.
GIVEN under my band, in LAKEWOOD, COLORADO
the EIGHTEENTH day of DECEMBER
in the year of our Lord two thousand and TWO
and the Independence of the
United States the two hundred and TWENTY -SEVENTH.
B,~d(~
Chief, B anch oj Realty and Appraisal
Patent Number 05-2003-0021
Page 6 of 6
Form 1860-9
(January 1988)
Colorado 36803
Colorado 63662
,
tltbt I1nittb .tatti of ~mtrita
Co all to bJbom ctt,., :pre.'.... .11 come, _rating:
sJ~
1
WHEREAS
The County of Eagle, State of Colorado,
is entitled to a land patent pursuant to the Recre~tion and Public Purposes Act of June 14, 1926,
as amended and supplemented (43 U.S.C. 869; 869-1-869-4) for the following described land:
Sixth Principal Meridian, Colorado,
T. 4 S., R. 83 W.,
sec. 10, Nl/2NEl/4NE1/4, El/2SWl/4NE1/4,
El/2SEl/4SWl/4, Wl/2NWl/4SEl/4,
andWl/2Wl/2SWl/4SEl/4;
containing 90.00 acres.
WHEREAS, the County of Eagle, State of Colorado, is also entitled to a Patent pursuant
to Section 209 of the Act of October 21, 1976 (43 U.S.C. 1719), for the mineral deposits in the
land described above.
NOW KNOW YE, that the UNITED STATES OF AMERICA, in consideration of the
premises, and in conformity with the said Act of Congress, HAS GIVEN AND GRANTED, and
by these presents DOES GIVE AND GRANT unto the said County of Eagle, State of Colorado,
the land above described, for solid waste disposal purposes only, TO HAVE AND TO HOLD the
same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever
nature, thereunto belonging, unto the County of Eagle, State of Colorado, and its assigns, forever;
and
EXCEPTING AND RESERVING TO 'tHE UNITED STATES a right-of-way thereon for
ditches and canals constructed by the authority of the United States under the Act of August 30,
1890 (43 U.S.c. 945).
This patent is subject to the following terms and conditions:
1. Provisions of the Recreation and Public Purposes Act, as amended, and to all
applicable regulations of the Secretary of the Interior.
1111111111111111111111 ~~~~~t...
Teak J Simonton Eagle, CO 299 R 0.00 0 0.00
Patent Number
05-2003-0028
Page 1 of 5
Colorado 36803
Colorado 63662
2. The patentee shall comply with all Federal and State laws applicable to the disposal,
placement, or release of hazardous slllbstance. (substance as defined in 40 CPR
Part 302).
3. Provided that the Secretary of the Int~rior may take action to revest title in the
United States if the patentee directly t>r indirectly permits its agents, employees,
contractors, or subcontractors (including without limitation, lessees, sublessees, and
permittees), to prohibit or restrict the use of any part of the patented land or any of
the facilities thereon by any person ~cause of such person's race, creed, color, sex,
or national origin.
4. Provided further, that the title shall revert to the United States upon a finding,
after notice and opportunity for a hearing, that the patentee has not substantially
developed the lands in accordance wi~h th~-LaI~ftllPlaIt of DyveloPment' Eagle
;€ountyIBLMPmd-1':r:ansferaate.dMarcli 29, ZQO_Q~j)ii or Defore tile aate five years
-'iftertliedai~~f conveyance. Provided that no portion of the land shall under any
circumstances revert to the United States if any such portion has been used for solid
waste disposal or for any other purpose which may result in the disposal, placement,
or release of any hazardous substance.
5. If at any time, the patentee transfers to another partY,:Q-wnership of any portion of .
tlte l~dnot~sedfor tl'1e purpose(s)specified in t~e~Iica1ionand approveaplan of .
~_g~yelopment,~the patentee shall pay the Bureau of Land Management the fair markeC
value as determined by the authorized officer, of the transferred portion as of the date
of transfer, including the value of any improvements thereon.
6. Eagle County, its successors or assigns, assumes all liability for and shall defend,
indemnify, and save harmless the UnHed States and its officers, agents, representatives,
and employees (hereinafter referred to in this clause as the United States), to the extent
allowed by law, from all claims, loss, damage, aetions, causes of action, expense, and
liability (hereinafter referred to in this clause as claims) resulting from, brought for, or
on account of, any personal injury, thtleat of personal injury, or property damage
received or sustained by any person or persons (including the patentee's employees) or
property growing out of, occurring, ot attributable directly or indirectly, to the disposal
of solid waste on, or the release of hazardous substances from: Sixth Principal
1111111111111111111111 ~~~rlt...
Teak J Simonton Eagle. CO
299
R 0.00
o 0.00
Patent Number 05-2003-0028
Page 2 of 5
Colorado 36803
Colorado 63662
Meridian, Colorado, T. 4 S.,R. 83 , section 10, NlI2NE1/4NE1I4,
E1I2SW1I4NE1I4, WlI2NW1I4SE , ElI2SE1/4SW1/4 and
W1I2W1I2SWlI4SE1/4, regardless whether such claims shall be attributable
to: (1) the concurrent, contributory, 0 partial fault, failure, or negligence of the United
States, or (2) the sole fault, failure, 0 negligence of the United States.
Eagle County will maintain all records for the 'te at the landfill facility, (including detailed
lanq-use plans and landfill specifications) duri g the life of the landfill, and thereafter at the
Eagle County Clerk and Recorder's Office, Ea e, Colorado. Bureau of Land Management
records for this site will be filed with the B of Land Management, Colorado State Office,
Lakewood, Colorado.
The above-described land is being conveyed fi ~'Iiz~tiqJ};cAAasolidwtaSteflis~s~J~!!iJY1~n
eccordance with;th~ov~ P!~. As of the te of patetit:thi~ landS]iave not been used for
solid waste disposal. During the remaining life f the site, the landfill operation will . expand to
use as mueh of these lands as are suitable for ldfill purposes and recyclable materials storage.
Upon closure, sueh areas may contain small q tities of commercial and household hazardous
waste as determined in the Resource Conserv on and Recovery Act of 1976, as amended (42
U.S.C. 6901), and defmed in 40 CPR 261.4 an 261.5. Although there is no indication that these
materials would pose any significant risk to h health Or the environment, future land uses
should be limited to those which do not penett the liner or final cover of the landfill unless
excavation is conducted subject to applicable S te and Federal requirements.
The grant of the herein described land is furth subject to the following reservations, conditions,
and limitations:
1. The patentee or its successor in in st shall comply with and shall not violate any
of the terms or provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 241),
and requirements of the regulations,.... m~fied or amended, of the Secretary of the
Interior issued pursuant thereto({43C . ._J72Jor the period that the lands conveyed
herein are used for the purpose for w . ch the grant was made pursuant to the act cited
above, or for another purpose invol . g the provision of similar services or benefits.
2. The United States shall have the righ to seek judicial enforcement of the
requirements of Title VI of the Civil Rights Act of 1964, and the terms .8Ild.conditions
of the regulations, as modified or am nded, of the Secretary of the Interior issued
pursuant to said Title VI, in the even of their violation by the patentee.
II III IU III n II ~~rlt .
Teak J Simonton Easle, CO 299 R 0.00 D 0.00
Patent Number 05-2
Page 3 9f 5
Co.lo.rado. 36803
Co.lo.rado 63662
3. The patentee or its successor in intere twill, upon request of the Secretary of the
Interior or his delegate, post and . tain on the property conveyed by this document
signs and posters bearing a legend c cerning the applicability of Title VI of the Civil
Rights Act of 1964 to the area or fac' 'ty conveyed.
4. The reservations, conditions, and' . tions contained in paragraphs 1-3 shall
constitute a covenant running with th land, binding on the patentee and its successors
in interest for the period for which th land described herein is used for the purpose
for which this grant was made, or for other purpose involving the provisions of
similar serviees or benefits.
5. The assurances and covenant req' by paragraphs 1-4 above shall not apply to
ultimate beneficiaries under the pro for which this grant is made. "Ultimate
beneficiaries" are defined in 43 CPR 7 . 12(h).
SUBJECT TO:
1. Those rights for electric transmission 'ne purposes as have been granted to Holy Cross
Energy, its successors and assigns, b right-of-way Colorado 31358 under the Act of
October 21,1976 (43 D.S.C. 1761) oss the E1I2 SW1I4NE1I4 of sectionJO, T. 4 S.,
R. 83 W., Sixth Principal Meridian, olorado.
2. Those rights for telephone line purpo es as have been granted to CenturyTel of Eagle,
Inc., its successors and assigns, by ri ts-of-way Colorado 35138 and
Colorado 50820 under the Act of Oct her 21,1976 (43 D.S.C. 1761) across the
Wl/2NW1I4SE1/4 and ElI2SW1I4 114, respectively, of section 10, T. 4 S.,
R. 83 W., Sixtb Principal Meridian, olorado.
3. Those rights for access road putposes as have been granted to Upper Eagle Valley
Consolidated Sanitation District, and ts assigns, by right-of-way Colorado 40272
under the Act of October 21, 1976 (4 D.S.C. 1761) across theElI2SW1I4NE1I4 of
section 10, T. 4 S., R. 83 W., Sixth . cipal Meridian, Colorado.
110 11111111110 IIII~ ~~~~~t ..
Teak J Simonton Eagle, CO 299 R 0.00 D 0.00
Patent Number 05-2003-0028
Page 4 o.f 5
"
'Form 1860-10
(January 2001)
Colorado 36803
Colorado '63662
4. Those rights for access road purposes have been granted to Eagle County by right-
of-way Colorado 40277 under the Act f October 21, 1976 (43U.S.C. 1761) across
the E1/2SW1I4NE1/4 and W1/2NW11 E1/4 of section 10, T. 4 S., R. 83 W.,
Sixth Principal Meridian, Colorado.
5. Those rights for access road purposes
successors and assigns, by right-of-w
1976(43 U.S.C. 1761) across the Ell
section 10, T. 4 S., R. 83 W., Sixth
11,1~1I111111111 ~~t...
Teak J Simonton Eagle, CO 299 R 0.08 D 0.08
PatentNumber~
have been granted to Chris Jouflas, his
Colorado 57551 under the Act of October 21,
Wl/4NE1/4 and W1I2NWlI4SEl/4 of
cipal Meridian, Colorado.
IN TESTIMONY WHEREOF, the undetslgned autborizedofficer of the Bureau of
Land. Management, in accordance with the (mWisions of the Act of
June 17, 1948 (62 Stat. 476), lias, in the name of the United States, caused
these letters to be made Patent, and the Seal of the Bureau to be hereunto
affixed.
OIVBNunder my band, in LAKEWOOD I' COLORADO
the SEVENTH day of FEBRUARY
in the year of our Lord. two thousand and THREE
and the Independence of the
United States the two hundred and TWENTY-SEVENTH.
Bybc1\~ ~~
.. ie.f.. ranch of .Realt,.:and Appraisal
Page 5 of 5
OFFICE OF THE
BOARD OF COMMISSIONERS
(970) 328-8605
FAX (970) 328-8629
TDD (970) 328-8797
Email: Eagleco@eagle-county.com
www.eagle-county.com
TOM C. STONE
MICHAEL L. GALLAGHER
ARN M. MENCONI
....... ..!"'-...--..---- -- -.
I
Septemtler 18,2001
Ms. Anne Huebner
Glenwood Springs Field Office Manager
Bureau of Land Management
P.O. Box 1009
Glenwood Springs, Colorado 81602
Dear Ms. Huebner:
i
This is in response to your August 22, 20011ett~r (COC 36803 CO-140) concerning the proposed
Eagle County Landfill sale. The responses and tepresentations herein are keyed to your letter as
follows: I
I
4.
Eagle County hereby amends its applica . on originally submitted June 16, 1997 and
identified by serial number COC 36803 t include the Landfill Plan of Development dated
March 29, 2000 and the Impacts to Wil ife as a Result of the BIM/Eagle County Land
Transfer and Eagle County Landfill Wil ife Mitigation and Implementation Plan dated
September 18,2000 which are adopted ~s evidenced by the signatures of the Board of
County Commissioners affixed hereto. i
Eagle County has executed an IndemnifiJation Patent Provision for the Eagle County
landfill assuming the requisite liability to the extent allowed by law. A copy of the
Indemnification Patent Provision is attac~ed.
Eagle County hereby grants the Bureau ~fLand Management (BLM) dumping privileges
at the Eagle County Landfill, at no charg , for any non-hazardous trash collected ,by the
BLM on BLM-administered lands in Eag e County.
, .
Eagle County recognizes, understands, Jd reaffirms that the patents to be issued by the
BLM will be subject to all valid existing rights including legal access to Mr. Chris Jouflas'
property directly east of the landfill. !
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1.
2,
3.
Finally, we received an additional letter also date~ August 22, 2001 which requested a
commitment from Eagle County to providing an tdministrative access across the landfill to the
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Eagle County Building, 500 Broadway, p.ol Box 850. Eagle. Colorado 81631-0850
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BLM for the purpose of administering public l~ds in the southwest quarter in section 11. Our
commitment herein is granted to the BLM for tIle same access that the County will provide to the
private land east of the landfill. i
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Based on the information provided, it is request+d that the Bureau of Land Management proceed
initially with the issuance of a patent for 640 acrfs in 2001 with the remaining patent for 90 acres
being issued early in 2002. !
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If you have any questions, please feel free to co~tact us at (970) 328-8611.
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Sincerely,
EAGLE COUNTY BOARD OF C
Michael L. G a
Commissioner
~-~
Tom C. Stone
Chairman
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ATTAC~NT I
xc: Alan Kraus, BLM Grand Junction i
George Roussos, Eagle County Assistan~county Administrator
Ron Rasnie, Eagle County Solid Waste anager
ehrono/file I
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Indemnificati n Patent Provision
Eagle C unty Landf"ill
Eagle County, its successors or assigns, ass es all liability for and shall defend, indemnify, and
save harmless the United States and its offic , agents, representatives and employees
(hereinafter referred to in this clause as the U . ted States), to the extent allowed by law, from all'
claims, loss, damage, actions, eauses of actio expenses, and liability (hereinaft~ referred to in
this clause as claims) resulting from, brought or, or on account of, any personal injury, threat of
personal injury, or property damage received r sustained by any person or persons (including the
patentee's employees) or property growing ou of, occurring or attributable directly or indirectly,
to the disposal of solid waste on, or the releas of hazardous substances from:
Eagle Co ty, Colorado
Sixth . cipal Meridian
Township 4 S uth, Range 83 West
Section 2:
Section 10:
Section 11:
El/2SWl/4SWl/4, S l/4SWl/4SWl/4, SEl/4SWl/4, SI/2SEl/4
El/2NEl/4, El/2SWl/ NEl/4, El/2SEl/4SWl/4, SEl/4
Nl/2Nl/2, SWI/4NWI 4, Wl/2SEl/4NWl/4, Wl/2El/2SEl/4NWl/4,
Wl/2Wl/2SWl/4, WI 2El/2Wl/2SWl/4, El/2NEl/4NWl/4SWl/4,
Wl/2NWl/4NEl/4SW /4
aggregating 730 acres, ore or less
Signature . .. ,
(for the Eagle County Board of County Co
In Reply
Refer To
lUG 12 2 2001
COC 36803
C0-140
Mr. George Roussos
Office of the County Administrator
Eagle County
P.O. Box 850
Eagle, Colorado 81631
./-
Dear Mr. Roussos;
We would like to advise you of the status of th proposed Eagle County landfill sale. The
Notice of Realty Action for the proposed land c assification and sale was published in the
Federal Register and local newspapers on Jan 23,2001. The Recreation and Public Purposes
(R&PP) Act sale process involves two separate 'ons. One is the classification of the lands as
suitable for a particular purpose (a landfill in s case.) The other is the actual sale. Protests to
the classification are resolved by the Secretary fthe Interior, while protests to the actual sale are
appealable to the Interior Board of Land App' (IBLA.) We received one protest to the
classification (Denver Water Board) and three rotests to the actual sale (Denver Water Board,
Chris Jouflas, and Matt Donovan.) The State . ector dismissed the Denver Water Board's
classification protest by a decision dated July 1 ,2001 and forwarded the matt~_to the
Seeretary's office for her consideration. The S etary has 30 days in which to exercise her
supervisory authority, in the absenee of which, e decision becomes final. This period has
passed aild the classification decisionois now", . al.....The State Director's decisions dismissing the
sale protests have been sent and we must now.ait to:seeMany of the parties will appeal the
decisions to the Interior Board of Land Appeal .-We believe:the merits-of the proposed sale are~
very strong and we are confident we will preva'l should~decisionsbe appealed to the IBLA. ~.
When the protests and appeals have,been resol. ed,~e:will request:final approval from the BLM
Director for the sale to be finalizedr
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In the meantime, we believe it is time to tie up * few loose ends to minimize delay once the sale
protests are :finally resolved. The Record Of~iSion (copy attached), was signed by Anne
Huebner (Glenwood Springs Field Office M ger) on May 10,2001. It included a requirement
for the completion of several items prior to the suance of patents. You will note we said
patent(s). The R&PP Act limits patents to co ties to a maximum of 640 acres in anyone
calendar year. We propose to issue two paten~ (640 acres, and 90 acres) in successive years and
we are discussing the exact configuration of thq proposed patents with Ron Rasnic. _We hope the
first patent will be issued this calendar year. lle items listed in the Record of Decision needing
completion are as follows:
1) Eagle County will amend their Reer tion and PubUe Purposes Aet appUeation to
include the Landfill Plan ofDevelop~ent nie,.2000) 8Dd,Eagle County LaadfiD
Wildlife Mitigation and Implementation P (Rasnie; 2000~) .
These plaD.s were developed by Ron Ramic the ori~ ~lication was submitted and have
not been formally adopted by Eagle County. e Landfill Plan of Development contains a
conceptual plan of development for the future. The Wildlife Mitigation and Implementation
Plan, developed in cooperation with the Colo Division ofW'1ldlife, mitigates negative
impacts to Wildlife that were identified in the virorimenta1 Assessment process. A l~. . .
.referencing and amending the original Reclefti n and Public Putposes Act application (serial
number COC 36803), adopting these plans .. be sufficient If a resolution by the Commi~on,
authorizing the signature of the letter is req' please include a ~y of that resolution.
2) Eagle County wm indemnify .and hol harmless the United States against any legal
Uability or future costs that may arise out 0 any Violations of all appUeable Federal and
State laws appUeable to the disposal, pia nt, or release ofhazanlous substances, as
required b~~2743a..l(1t). . '-~"~'l
This indemnification statement is a sUmdard ent required by federal regulations for ~n
sales. It was also required for the Mesa Coun and Garfield County landfill sales. Two copies
of the indemnification statement are included. lease return one executed copy.
3) In reeognition of the savings to EagI
provisions of the Reereation and PubUe Pu
dumping privileges at the ~dfiU, at no eh
BLM on BLM-adminiRtered lands in Eagle
Co~ty afforded by the special prieing
ses Act, Eagle County will grant BLM'
e, for any nonhazardous trash collected by
ounty.
We have included a copy of Eagle County's I of March 27,2000, in which Eagle County
agreed in principle to granting the BLM an ua1 waiver of dump fees at the :J;:lgle County
landfill. We believe this is the appropriate tim to finaJi7,e this matter and suggest that a
statement to that ~ffect in the letter requested' Item #1 (above) .would be sufficient.
4) Eagle County will commit to provi" ~le read and utility legal aeeess to the;Jt~;.;' ,
private lands locatedJmmediately east of th prO)lf.lSed sale.~. .,."..",~
This issue was raised during the environmen _ ~'!IeBSDlent process, and was specifically raised in .~ '.'
Mr. Ioutlas' formal protesWo~the...sat.e.sC>ur..r .' e to his protest includes an explanation that -..
the patent is issued subject to all valid existing rights including his rights-of-way for roads and
utilities. We also stated we will require an . on that Eagle County will provide legal
access to the private property directly ~ of e landfill. We would suggest a simple statement
to that effect in the letter requested in Item #1, above. We have discussed this matter with Ron
Ramic and he is aware of the implications of e patent language that will make your patent(s)
subject to all valid existing rights. , Future relo . on of the land filling operations to areas
crossed by valid rights-of-way will require n otiations between the right-of-way holder(s) and
the County to maintain suitable accesS. We ght add that as part of the patent process, we
invite right-of-way holders to negotiate new ent agreements between themselves and the
patentee. In the absence of that, their BLM ri -of way, and the terms and conditions of those
rights-of-way are valid.
.. . ..
Please retum the signed indP.1Tlnificatio~ statem and the letter amey1fimg the R&PP application
to: Burea)l of Land Management, ATI'N: AI Kraus, 2815 H Road, Grand Junction, CO
81506. If you have any questions, please co Alan at (910)244-3078. We will continue to
keep you advised of the progress of the protest! eal process. .
;;::. 4~
Anne Huebner . .
'Glenwood Springs
Field Office Manager
attachments
cc: Ron Rasnie
Eagle County Solid Waste Manager
P.O. Bo~ 850
Eagle, CO 81631
...... '.. ~ .. -'. .. ~ .
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22 Augu t 2001
Mr. George Roussos
Office of the County Administrator
Eagle County
P.O. Box 850
Eagle, Colorado 81631
Dear Mr. Roussos;
In Reply
Refer To
COC 36803
C0-140
It has come to our attention that. in our recent letter r uesting the letter amending the County's R&PP/
Purchase Application (for the Eagle County Landfill), omitted one item. The County's original
purchase application included all of the public lands in ec.tI.~~, 1~J -~~t, 9f ~e old landfill. The
archeological survey revealed a large concentration of ar~~t~i.~ ~sit~.'\!1 tJ;J~ southwest quarter of
section 11 and this land was subsequently dropped w th~ ~ppll~on. Thrs land lies between the east
boundary of the proposed sale trad and the west bou arf6rffie 'pi1va(~ land belonging to Mr. Chris
Jouflas. The sale of the landfill will result in the physl I'access to this BLM land being effectively
blocked. Due to: 1) the existence of the high concen tlon of archeological .resources and 2) the fad the
land will continue to be included In Mr. Jouflas' grazing allotment. we believe administrative access to
BlM across the landfill to this property is important. do not propose to reserve a formal easement
across the landfill property in the patent as the current cad location (to the BLM and private land to the
east) will eventually change as the active landfill opera ons move from the current area to the south. A
specific easement reservation In the patent would not e valid at that time. Instead, we request one more
item in the letter from the County in which you amend e R&PP application. We request that the County
commit to providing administrative access across the I ndfill to the Bureau of Land Management for
purposes of administering the public land. W~ would . repose to use the same access the county will
provide to the private land east of the landfill. Please i c1ude this item in the R&PP Application
amendment letter.
If you have any questions, please contad Alan Kraus t (970)244-3078.
, Anne Huebner
. '.:. . Field Offlce Manager,
. . Glenwood Springs
cc: Ron Rasnic
Eagle County Solid Waste Manager
P.O. Box 850
Eagle, CO 81631
Road &. Bmige
'<)70) ~28-8Si()
Fax: ..<J70l nH-IHli9
TOD: (970) :nS-H7C)7
Eagle DistrlU
Northwest District
Southwest [)i~trIu
~ \otor Pool
Landhll
PO. Box :2~()
71:'. Castle Drive
Eagle. C>lorado 11163 1-(1:,:1)
EAGLE COUNTY, COLORADO
June 16, 1997
Mr. Alan Kraus, Realty Speci~ist
Grand Junction District
United States Department of the Interior
Bureau of Land Management
2815 H Road
Grand Junction, CO 81506
Dear Mr. Kraus:
Attached is the Application for Land for Recreati n or Public Purposes, Form 2740-1, $100
filing fee, and accompanying documentation reg ding the proposed Eagle County land transfer.
A draft, preliminary Plan of Development which dresses principal concerns about the proposed
use of the land is included as speeified in Part 4 0 the application. Additional time is required in
order to develop a more comprehensive plan and ddress all pertinent issues which may arise.
Appropriate modifications to the preliminary PI will be made as needed.
Also, attached as part of the documentation is a I tter, dated January 14, 1997, from Eagle River
Water & Sanitation District, which indicates the' willingness fOf Eagle County to include their
BLM Lease, C-40272, within the Eagle County I d transfer. Thank you.
Sincerely,
~~
Ronald L. Rasnic
Eagle County Solid Waste Coordinator
ends
'.
Fonn 2740-1
(August 1994)
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
APPUCATlON FOR LAND FOR
RECREATION OR PUBUC PURPOSE S
(Act of June 14. 1926. as amended; 43 U.S.C. 869; 69-4)
la. Applicant's name b. Address (include ip code)
P.O. Box 5)0
Eagle County, Colorado It',,al,,. r.n Rlfi':tl
2. Give legal description of lands applied for (include metes and bounds rescription. if necessary)
SUBDIVISION SEcnON TO VNSHIP
"
County of
I State of
Colorado
Xl Purchase (If lease. indicate year
Eagle
3a. This application is for a Lease
b. Proposed use is a Public Recreation XI Other Public Purposes
FORM APPROVED
OMB No. 1(J()4.()()12
Expires: JIIJIC 30. 1996
Dale Serial Number
(BUt use olliy,
June 16, 1997
Home phone (include area code'
Business phone (include area code ,
(970) 328-8605
See Exhibit A
RANGE I MERIDIAN
I Containing (acres)
approximately 1;341 acres
)
4. Describe the proposed use of the land. The description must specifi( ally identify an established or definitely proposed projecL Attach a detailed pia.
and schedule for development.. a management plan which includes a description of how any revenues will be used, and any known environmental 0
cultural concerns specific to the land.
A preliminary, draft Plan of Development is attached per requirements of this section.
Modifications will be made as necessary orce a more comprehensive plan is developed and
all pertinent issues are identified and acdressed.
.
See attached Resolution.
5. If applicant IS State or Political subdivision thereof, cite your statuto y or other authority to hold land for these purposes.
6. Attach a copy of your authonty for filing this application and to pcrfJnn allaclS Incident thereto. See attached Resolution.
7. If land described in this applical10n has not been classified for recr ation andlor Public purposes pursuant to the Recreation and Public urposes Al
consider this application as a pelltion for such classification.
(Ctmllnued on re\'erse I
A.....,,.., 1
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8. Are all activities. facilities. servIces. financial aid. or other benefilS as:a result of your proposed developmenl provided without regard to race. COlor.
religion. national origin. sex. or age? :Sl Yes 0 No (If "no. " d~scribe the situation or activity and your plans for achin'ing compliance.)
,.
9. Are all activities. facilities. and services constructed or provided as a ult of your proposed development accessible to and usable by persons Wllh
disabilities?)Qi Yes 0 No (/f"no." describe the situation orac iviryand tire reasonsfornonaccessibility).
Title 18 U.S.c. e Ion 1001. makes it a crime for any person kno ngly
fictitious. or f ulent statemenlS or representation as to any matter withi
I Date
ot or agency of the United States any false.
GENERAL INSTRUCTIONS
1. Type or print plainly in ink,
2. Submit application and related pi
in which the land is located.
3. Study controlling regulations in 43
4. If applicant is non-governmental
chaner. articles of incorporation or
been previously filed with any B
and case serial number.
5. If applicant is non-governmental ociation or corporation. attach a copy of your
authority to opemte in the State here the lands applied for are located. If
previously filed with any BLM offi e. refer to previous filing by date, place, ana
case serial number.
to the BLM District or Resource Area Office
2740 (Sales) and 43 CFR 2912 (uases).
ociation or corporation. anach a copy of your
th~r creating authority. If this information has
office, refer to previous filing by date, place.
SPECIFIC INSTRUCTIONS
(Items not lisle are self-explanatory)
Item
Item
2. If land is surveyed. give complete legal description. If land i
unsurveyed. description should be by metes and bounds connecte
if feasible. by course and distance with a comer of public Ian
survey. If possible. approximate legal subdivisions of unsurveye
lands should be stated. Acreage applied for must not exceed
specified by regulations.
3a. Generally, title to lands will not be granted upon initial approval 0
an application. In order to assure proper development or use plan
the general practice will be to issue a lease or lease with option t
purchase after development is essentially completed. In any
term of lease may not exceed 20 years for non-profit organizatio
or 25 years for governmental agencies. instrumentalities or politic
subdivisions.
4. Leases and patents under this act are conditioned upon continuin
public enjoyment of the purposes for which the land is classifie
The plan of development. use. and maintenance must show. at
mmimum:
a. A need for proposed development by citing population Iren ,
shortage of facilities in area. etc.
b. That the land will benefit an existing or definitely propos
public project authorized by proper authority.
c. Type and general location of all proposed improvement.,
including public access (roads. trails. etc.). This showing ma
take the form of inventory lislS. maps. plalS. drawings. 0
blueprints in any combination available and necesllary to de":n~
the fmished project. Site designs should be provided for mten'l\
use sileS and general information about improvements exi,t1n~ I
planned on lands within the overall project.
d. An estimate of the construction costo;, how the proposed J'Iflllt"
will be financ:ed. including a list of financial sources. ami ~
estimated timetable for actual construction of all impron~l1Ien
and facilities.
e. A plan of management to include operating rules. proposed Sllur,
and disposition of revenues arising from &he proposed operatlu
personnel requirements.. etc.
f. A specific maintenance plan to include. for example. sewage al
garbage disposaL. road maintenance. upkeep and repair of groun
and physical facilities. etc. -
g. Applications for solid waste disposal sites must comply wi
guidelines established by the Environmental Protection Agen
(40 CFR 258) and must include a detailed physical descriplJon
the site including a map. description of ground water situation. Sl
characteristics and management plan.
6. This may consist of a copy of a delegation of authority, resolution
other evidence of authority from the governing board of t
applicant's organization. copy of the by-laws of the orgamzation.
the like.
: ~ ::';"':"~':,i:_~~>:'; "~~;'.,i)':'_", >.~:;. .~ -:". :,:. ~:': :.:...'.<. :":::;> \':~/{,,/:;:..~: ~~~.~.:;:::\~/t ';~~';~1\:; .~!:~;:;:~~.~:~[f~~.:'~;f:.il~\-kr~~.g~~i~.~:1f.~l~~~;:t.'~/:,:.;t.?::{~;~~~~~:~.\:.
EAGLE COU lY. GOVERNMENT
P.O. Box 850
Eagle CO 81631,
;, , REFERENCE
DATE
AMOUNT
6/05/97
100.00
LM FILLING FEE/LF TRANSFER
004807
TOTAL AMOUNT PAID
~~DOR ,~(k-,:::'...:~(. ;;.~L;W~,9. :';";, ;-:;':.t'k.WAJ!!ANT.A~
$*****100.00
BY ORDER 0.. THE BOARD OF' EAGLE COUNTY -.80
COUNTY COIllMI5.SIONERS PAYABLE THRU FIRST BANK OF EA
THIS WARRANT IS VOID IF NOT PR
TREASURER OF'
'.~D COUNTY
187239
WAllIlANT NUMIIl!R
PAY
r '
TOTHE .: US DEPARTMENT OF'iNTERIOR
ORDER,,; ,BUREAU OF LAND' MANAGEMENT
OF~,p. o. BOX 100.9 d"" :'<~;., ,... "
~L-GLENWOOD 6PRINGr C~' 81602
I: ~O 2 ~O 2 ~bql:
qOO Ob Dill
t
'_l. ~
::. .!
- . ') ~~.. . - .
UNr ED STATES
DEPARTMEl'iT OF THE INTERIOR
BUREAU OF AND MANAGEMENT
RECEIPT AND ,CCOUNTING ADVICE
FOnD 1370-41
(March 1984)
Subjt"Ct: SALe:: uF LAND
NO. 232769j
GJDU
Applicant: ti:agle County - l:\oa~.d Q:t L.:tmTil~!3a uf.~..a
Hax 8~0
E:Sy18. cu ~lbJl
AssIJlTlor:
SERIAL NO.
Eagle Count}
Land Tranaxe l~
0t3
REFER TO THE ABOVE CASE SERIAL NUMBER IN ALL
CHANGE IN ADDRESS.
~.;..,;.~.:.'~':
$ 101.l1.00
Rem tter: SAME
PAID
JUN 2 0 J997
Bureau of Land Managemem
Grand Junction, Colorado
~"~'~~'e~
CORRESPONDENCE. PLEASE INFORM THIS OFFICE OF At
'l51i.1 '11.)'.37- 22
NOTE: This notice is a receipt fOi monies paid the United )tates. If these monies are for required fees in connection with yr
application to lease, purchase, enter, or otherwise acquire ~ n interest in public lands or resources, this receipt is not an autho
zation to utilize the land applied for and it does not convey any right, title, or interest in the land for which application is mad
Hecl?.i.ved che-ck no. 'u;i'7''::::3 :1
dated 6/0b/'-37.
i.h~:ll mal-ne A. Jena
t) ..- :,,). l:'
BOARD OF CO COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
moved ado~tion
Commissioner
of the following
RESOL'OTJ:ON
.
WHEREAS, ~ 30-20-101 et se
20-108(2), C.R.S. regarding sol
facilities, and ~ 30-11-101(1) (
to acquire and hold land for th
landfill; and
., C.R.S., and specifically ~30-
d waste disposal sites and
), C.R.S. authorize Eagle County
purpose of operation of a
WHEREAS, the Board of Coun y Commissioners of Eagle County,
Colorado, desire to apply to th Bureau of Land Management for
transfer of land. for the Eagle ounty Landfill; and
WHEREAS, the Board of Coun y Commissioners of Eagle County,
Colorado, has approved funding or such transfer including
approving appropriations for la d acquisition and conducting site
investigations required by appl cable law or as may be required
by the Bureau of Land Managemen .
NOW, THEREFORE, BE I'r RESO VED BY THE BOARD OF COUNTY
COMMISSIONERS OF '!'HE COONTY OF GLE,S'l'ATE OF COLORADO:
THAT, the Board of County
shall apply to the Bureau of La
land for the Eagle County Landf
hereto; the Board and its staff
documents including, but not li
application, that are necessary
land.
ommissioners of Eagle County
d Management for a transfer of
11 identified in Exhibit A
shall execute all appropriate
ited to a land transfer
to accomplish such transfer of
THAT, the Chairman of
Eagle County is authorized
application.
MOVED, READ AND ADOPTED by
of the County of Eagle, State 0
held the /6rL day of
.
ATTEST:
C erk to the oard of
County Commissioners
Commissioner
foregoing res~lution.
as follows:
oard of County Commissioners of
ecute the land transfer
the Board of County Commissioners
Colorado, at its regular meeting
, 1.997.
OkOAX"1
George A. Gates
Commissioner
seconded adoption of the
roll having been called, the vote was
Commissioner Johnnette Phillips
Commissioner James E. Johnson,
Commissioner George A. Gates
This Resolution passed by
County Commissioners of the Co
R\landfill.acq
C,-:;I
~p
-0
vote of the Board of
State of Colorado.
.
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The Privacy Act of 1974 and the re ion in 43 CFR 2.48 (d) provide that you be
furnished the following infQrmation i connection with infonnation required by this
application for a Land Use A~orizatio . .
AUTHORITY: 43 U.S.C. 869 et scq.; 4 CFR Part 2740
PRINCIPAL PURPOSE: The om 'on is to be used to process your application.
.
ROUTINE USES: (1) The adjudi 'on of the applicant's request for a Land Use
Authorization. (2) Documentation for ublic information. (3) Transfer to appropriate
Federal agencies when conc~ce is quired prior to granting a right in use of public
lands or resources. (4)(5) Informati n from the record and/or the record will be
transferred to approprillle Federal. State. local or foreign agencies. when relevant to civil.
criminal or regulatory investisations or ec:utions.
. EFFECT OF NOT PROVIDING INF RMA TION: Disclosure of the information is
mandatory for processing of the appli . on. If all the information is not provided. the
application may be rejected.
BURDEN H URS STATEMENT
Public reponing burden for I this form s estimated to average 40 hours per response.
including the time for reviewing in ctioDS. gathering and maintaining dala. and
completing and reviewing the form. red comments regarding the burden estimate or
any other aspect of this fOrm to U.S Department of lI1e Interior, Bureau of Land
Management. (Altemllle) Bureau C1 ce Officer. (WO-873. 1849 C Street N.W..
Washington. D.C. 20240. and the 0 flce of Management and Budget, PapelWork
RedUCl10n Project 0004-(012). Washin lOn. D.C. 20503.
PAPERWORK RED CTION ACT STATEMENT
.
The Paperwork Reduction Act of 1980 .(44 U.s.C. 3501. et seq.) requires us 10 inform
you that:
Information is being collected to pr ss your request for. Federal lands under the
provisions of June 14, 1926 (43 U.S.C. 69 as amended). Recreation and Public Purposes
Act.
Information will be used to illustrat whether the applicant meets requirements of
regulations found in 43 CFR Subpan 2 40.
Response to this request is mandatory. e regulations found in 43 CFR Subpart 2741.4.
~.3
APPENDIX A
March 29, 2000
AMENDED LEGAL DESCRIPTION. F LAND~ APPLIED FOR PURCHASE
The public lands that Eagle County is 8Ilplying r ownership has been revised to include land
presently leased from the BLM (lease sE;ial ers C-36803 [active la1]dfill site1 C-248
[closed landfill site], and C-40277 [right-of-way). Eagle County is also applying.for ownership
of additional lands to be utilized for future dispo area development, soil borrow area
~velopment, placement of soil stockpiles, nm-o and nm-off drainage controls, support
facilities, and site acceSs. The total land proi>o for transference is described. as follows:
S~oDS ,10 & 11
Township 4 South, Range 83 W t of the 6th Principle Meridian
County f Eagle
State of olorado
... Section 2 r
E%SWIASW% 20
SW%SW%SW% 10
SE%SWIA 40
S%SE% 80
To Section 2: 150 acres
Section 10
EY2NE% 80
EY:zSW%NE% 20
EY:zSE%SW% 20
SE% 160
To Section 10: 280 acres
Section 11
NY:zNY:z 160 SWIANW% 40
WY2NE%SE%NW% 5 WY:zSE%SE%NW% 5
WY:zSE%NW% . 20 WYiNW%NE%SW% 5
NE%NW%SW% 10 WY:zSE%NW%SW% 5
WY:zWYzSW% 40 WY:zE%SW%SWIA 10
Section 11: 300 acres
P
*Legal descriptions conform to S ecifications fo Descri .ODS of Tracts of Land for Use in Land
Orders and Proelamations..1979, U.S. Departme t of the Interior, Bureau of Land Management,
Cadastral Survey.
LANDFI
DEVELO
March 29, 2000
Prepared for:
U.S. Department of the Interior
Bureau of Land Management
Glenwood Springs Resource Area
by: Ronald L. Rasnic. Eagle coun~ Solid Waste Manager
I
Filename: F:\DOCS\plandev.wpd i
Table of Contents
Executive Summary . . . . . . . . . . . . . . . . . . . ',' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I
.ntroduction ......................... .1'. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. 3
I. HISTORIC LANJl). FIL DEVE*LMENT - 1967 to 1~90. .......... 3
II. CURRENT LA.ND DEVE PMENT - 1990 to present. ....... 4
ill. CONCEPTUAL P OF DE LOPMENT FOR FUTURE
LANDFILLING PERATI(i)NS............................ 4
A. Purpose anli Ne d for EXP~ion . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
B. Suitability and racticality of the Land to Satisfy the Need. . . . . .. 8
I. Suitabili of prop sed expansion areas. . . . . . . . . . . . . . .. 8
2. Practica ity of site and proposed expansion areas. ....... 8
C. Feasibility . . . . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
1. Enginee . ng Crite~a. .............................. 9
2. Regula~ ry Cri!eri1. .................. .. .. . .. .. ... 10
3. Op. eratl nal Cnte~ '. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
4. Plannin & Zonin~ Criteria. ....................... 11
D. Potential Facili Layout. 'j' . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. II
1. Visual I pacts. . L. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
2. L()Catio of potent~ fill areas, structures, and improvements
[re egetation Feas]. . . . . . . . . . . . . . . . . . . . . . . . . .. 12
3. Mainten ce/Basi9 Services Plan.. ................. 12
E. Potential Devel pment Tinltetable. . . . . . . . . . . . . . . . . . . . . . . . .. 13
F. Operations Stra gy.. .. i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
1. Propose source mtd disposition of revenues.. ........ 14
2. Tipping ee structure.. ........................... 15
I
3. Budgete expense~andrevenues.. .................. 15
CONCLUSION. ............... j............................... 16
BmUOGRAP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
LIST OF TABLES: i
TABLE 1. . . . . . . . . . Wast TonnagelHistory
TABLE 2. . . . . . . . . . Popu ation GroWth in Eagle County
TABLE 3.......... Wast Diversio,
TABLE 4. . . . . . . . . .30,0 0,000 yd3 .f\.vailable Airspace
TABLE 5. . . . . .. . . .42,0 0,000 yd3 ~vailable Airspace
TABLE 6. . . . . . . . . . Reve ues & Expenditures
LIST OF APPENDICES:
APPENDIX A. . . . . . . . . .
APPENDIX B. . . . . . . . . .
APPENDIX C. . . . . . , . . .
egal Description
I
ong-Rang<<j: Plan Life Estimate
onceptual iLong-Range Plan Map
11
Executive Summary
Although prior discussions between Eagle County and BLM regarding the possibility of
the County acquiring patent to Ian encompassing the landfill site were initiated some
years ago, official application was ade June 1,6, 1997 by filing Form 2740-1. In this
application the County proposed ac uiring ownership of approximately 1,300 acres for
landfill development and site expan ion. In 1997 a Class III cultural resource inventory
of this entire parcel was conducted y Metcalf Archeological Consultants, Inc. As a
result of this survey, several sites w re identified as requiring further evaluation and
appropriate mitigation measures im lemented. In 1997 and 1998 a survey for Penstemon
harringtonii was conducted by Mon e Environmental Solutions, Ltd. P. harrinvtonii
is listed both by BLM and U.S. For st Service as a sensitive plant species. Penstemon
locations were found in the southe t portion of the parcel with the most significant
population found in the northwest p rtion of the parcel. As a result of both the cultural
resource inventory and the plant su ey, it was decided that the most favorable mitigation
solution would be to exclude these eas from the purchase and leave the areas under
BLM management. Therefore, app oximately 570 combined acres from the northwest
portion and southeast portion of the original proposal were excluded. [Both the cultural
resource inventory and plant survey have been provided to BLM under separate cover.]
Further, in 1999 a mineral report to etermine the mineral character of the subject lands
was compiled by BLM. This report concluded that the subject lands are "non-mineral in
character for locatable and salable inerals or other leasable minerals, but do possess a
low potential for the occurrence of il and gas resources." Eagle County has also
submitted an application to secure t e mineral rights of the lands proposed for patent.
This plan of development addresses the approximately 730 acres of land remaining from
the original request. A legal descri tion is provided in Appendix A.
A portion of the lands proposed for atent, BLM Lease Area C-248, has been utilized as
a landfill for over 30 years. That p icular area was closed in 1990 with the
development of a new lease area, C 36803, approximately one-half mile to the north.
Current landfilling activities occur i this lease parcel. Several past engineering and
environmental investigations have etermined the suitability of the area for landfill
operations. In 1996-97 an environ ental audit for the subject lands was completed as a
component of the land transfer proc ss.
Since 1960 population growth withi the County has increased more than six-fold. That,
and the accompanying building boo , has significantly increased waste disposal
pressure upon the landfill. The Ian fill has in place and funds several waste diversion
programs, however, little impact up n the total waste stream is realized. With little land
available for siting of a new landfill facility at some discrete location and the perceived
difficulty in accomplishing such a k. expansion of the existing site is the preferable
means to meeting solid waste dispo al needs.
Through past site investigations, th lands considered for patent demonstrate favorable
geologic and hydrogeologic charac ristics for landfill development. The entire site is
underlain by thick shale deposits, oundwater resources are unusable both from a supply
standpoint and from a water quality standpoint, an abundance of clayey soils on site for
barrier layer construction, and a rei tively arid climate all lend themselves to landfilling
purposes. Further, specific regulat ry siting requirements have been demonstrated as
well.
LANDFILL PLAN OF DEVELOPMENT
PAGE I
The continued development of the ite is also appropriate for practical reasons: the site is
centrally located, is easily accessibl , is isolated from residential development, has been
thoroughly investigated from an en ironmental standpoint, and the County has expended
a great deal of effort and capital to eve lop the existing disposal area to meet regulatory
criteria.
Feasibility of landfill expansion is emonstrated through engineering, regulatory,
operational, and planning & zoning criteria. The conceptual plan of landfill development
indicates that sufficient airspace is vailable for waste disposal to continue for some
years into the future. At this point' time, it is conceivable to integrate initial expansion
areas into existing engineered $'Uc res and containment systems, e.g., leachate
collection systems, liner systems, d surface water run-onlrun-off controls. Further
expansion, particularly to the south will require discrete leachate collection and liner
systems as well as run-onlrun-off c ntrols due to topographical reasons. Regulatory
feasibility, i.e., location restrictions have been demonstrated to be in compliance for the
current operating area and would b expected to be the same for any expansion area.
Location restrictions are discussed n III, C, 2 following. For the initial development of
expansion areas, operational requir ments will replain largely unchanged. The landfill
will continue to operate in compli ce with all regulatory requirements and best
management practices. Continued d future use of the site as a landfill conforms to
existing land use practices as well future land use planning as outlined within the
Eagle County Master Plan. 1fle _~urr~ntly is z(')i1.eda.s'aH"Re~urce Area," and no-
~ningchangeswill. be.neces5ary~ithough a "Special Use Permit" will ber~ujr~>- "'-,
Existing topography will shield a I ge portion of the site from visual impacts,
particularly on the north and west s des, however, exposure to the southeast and eastern
sides is largely unobstructed. Ong ing visual mitigation will be achieved through
reclamation and revegetation activi ies. The long-range conceptual plan calls for
development in phases, with expan ion to the east of the current operating area to be the
second area developed. Further de elopment will then occur to the'southwest and south
over time. Reclamation and revege tion of disturbed areas will occur within each phase
of development. Maintenance and asic services of the landfill support facilities will
remain much the same as they curr ntly exist until development of later phases at some
point in the future. At that time, re ocation of support facilities will be required to better
facilitate customers and operations.
Landfill life estimates have been c Iculated which give an idea of the longevity of the
site. Depending upon available air pace, which is estimated to be between 30,000,000
cubic yards and 42,000,000 cubic y ds, and depending upon growth of waste tonnages,
landfill life is projected to be from minimum of about 32 years to a maximum of about
121 years.
Currently, all landfill operational a tivities are in compliance with the State-approved
Eagle County Landfill Design, Op ations, and Closure Plan. As time progresses, the
regulatory environment is certain t change. At all times, development of expansion
areas for landfilling purposes will e subject to the scrutiny and approval of the Colorado
Department of Public Health & En ironment. Further, it is the County's desire that all
solid waste activities be funded thr ugh user fees at the landfill. It is the County's goal
to operate on a break-even basis. ot only current operating expenses and capital
projects, but long-term liability ex enses, e.g., closure and post-closure accrual, are to be
funded. To that end, tipping fees w II be modified accordingly.
LANDFILL PLAN OF DEVELOPMENT
PAGE 2
Introduction
Eagle County's Landfill Plan of De elopment is presented as a requirement specified in
43 CFR 2741.4 (b). The Plan of D velopment for Lease Area C-36803 is addressed
within the State approved Eagle Co nty Landfill Design, Operations. and Closure Plan
completed by KRW Consulting, In ., dated December 5, 1995 and revised May 10, 1996.
This document accompanied the L nd Transfer Audit of Leased Land, Serial No. C-
36803, C-248, and C-40277 and C ntiguous Lands, dated December 23, 1996 and
presented to BLM representati'tes n January 24, 1997. The Plan of Development for
Lease Area C-248 and contiguous I ds is presented in the following paragraphs.
The Plan of Development is presen ed in three distinct parts: Part I, Historic Landfill
Development, 1967-1990; Part II, urrent Landfill Development, 1990-present; and Part
1II, Conceptual Plan of Developme t for Future Landfilling Operations. The first two
parts establish use of the BLM Le e Areas C-248 and C-36803 as landfill sites for the
past 30+ years. Part 1Il establishes he engineering, operational, and economic logic for
utilizing the two lease areas, plus a ditionallands for future development of the area for
a landfill site.
I. HISTORIC LANDFILL DE
LOPMENT - 1967 to 1990.
Eagle County Landfill files indicat that BLM Lease Area C-248 was operated as a site
for disposal of municipal solid w e from about 1967 until December, 1990. This tract
of land encompasses approximate I 90 acres [60 acres disposal area] and, according to
estimates, contains approximately 65,393 tons of disposed waste (White. 1996).
Landfill records indicate that initia Iy, the disposal site was operated as an open dump
which was later developed into a tr nch and fill operation, gradually phasing into the
area fill method. In 1984, a Desig , Operations and Closure Plan for this site was
prepared by Fox Consultants, Inc. fDenver, CO for Eagle County. The Fox plan
provided compliance with applicab e Colorado Department of Health regulations for
sanitary landfills. The Fox plan fu her developed and enhanced the area fill method for
the remainder of the usable space.
Highlights of the Fox plan include characterization of subsoil conditions, soil and
bedrock types, bedrock permeabili , groundwater conditions, and thickness of
unconsolidated soils over bedrock. Also, as a result of this investigation, three
groundwater monitoring wells wer installed; MW-l, MW-2, and MW-3. These wells
were sampled intermittently after i stallation and have been monitored quarterly since
1991, with water samples being co lected and analyzed when possible; i.e., when water
was present. In December 1997, tl e Colorado Department of Public Health &
Environment approved the samplin frequency be changed to semi-annual with an
expanded list of sampling paramet rs. Closure of this site, from a regulatory standpoint,
should occur in year 2000 followin a ten year post-closure period.
l.i\NDFlU. 1'l.AN 0..- DEVELOPMENT
PAGEJ
II. CURRENT LANDFILL DE ELOPMENT -1990 to present.
When BLM Lease Area C-248 was earing capacity in the late 1980's, a new area, BLM
Lease Area C-36803, was permitted designed, imd constructed on nearby BLM lands to
the north and northeast of the old si e. This lease area contains approximately] 80 acres.
with approximately 47 acres of disp sal area. The Operations and Closure Plan was
prepared by Fox & Associates in ] 9 5. At the time of this design, site capacity and life
expectancy were estimated at 1,8]] 000 cubic yards of waste over a period of
approximately 25.2 years, resp(fctiv Iy.
]n early 1995 it became apparent th t with ever increasing waste volumes due to extreme
growth rates within the County, the xpected life of the landfill facility was diminishing
rapidly. The Eag]e County Commi sioners decided that a landfill re-design was in order
to ma.ximize the available space re aining, plus design future lateral and vertical
expansions to comply with all Subti Ie D landfill requirements. The landfill re-design
was completed by KRW Consultin , Inc. ofDen~er, CO and received approval by the
Colorado Department of Public He Ith & Environment on June 21, 1996.
In conjunction with the re-design pi n, it was also decided by County leaders to pursue a
land transfer of the landfill site fro BLM to County ownership. In addition to securing
patent to the BLM lease area, it wa decided to include additional lands which could be
utilized for future landfill related d elopment. Upon notifYing BLM of Eag]e County's
intent to pursue the land transfer, B M made it contingent that the old lease area. C-248,
would be included within the transfi r of the current lease area, C-36803. Pursuant to 43
CFR 2743.2 (a) (5) & (6) and 43 C R 2743.3 (a) (3) & (4) an environmental audit was
undertaken and completed January 7, 1997 by KR W Consulting, Inc. Therefore, the
landfill transfer environmental audi encompasses the closed landfill site, the current
[active] site. and additional request d lands.
III. CONCEPTUAL PLAN OF EVELOPMENT FOR FUTURE
LANDFILLING OPERATION
A. Purpose and Need for Expans on
According to the Eagle County Lan fill Design, Operations, and Closure Plan prepared
by KR W Consulting, Inc. dated De ember 5, 1995 and revised May] 0, 1996 the landfill
facility site life is estimated at 34.8 years for the existing lease area. C-36803. This
estimate is based upon a projected rowth factor of 3.4% per year and a starting average
incoming waste tonnage of 52,000 ons per year. Waste volumes, however, are
increasing at a faster rate than pred cted due to rapid growth within Eagle County. From
1985 thru year 2000. incoming was e tonnages are increasing at an average annual rate of
7.98%. More recently. from] 995 lfU year 2000, the average annual growth rate is
11.26%. Table] [on following pa e] presents a waste tonnage history for Eagle County
Landfill, 1985 to present. It is esti ated that over 95,000 tons will be disposed at the
landfill in year 2000.
I..\:\I)FILL PLAN OF m:VELOPi\lENT
I)I\(;E 4
In 1999, KRW Consulting, Inc. pre ared site life/capacity projections for the 730 acres,
more or less, proposed for patent to Eagle County [see Appendix B]. These projections
were based upon the assumption of aving between 30,000,000 cubic yards to
42,000,000 cubic yards of airspace vailable for waste disposal and beginning with a
1998 disposed tonnage of 86,173 to s. Varying growth rates, from 1.0% to 8.44%, per
year were applied to the calculation which results in life estimates from approximately
32 years [worst case] to about 121 ears [best case] for the entire property. This
exercise, while making some assum tions, paints a futuristic picture ~hich demonstrates
the need for landfill expansion taki g into account the variegations of growth. It should
be noted that sustaining the current pproximate 8.44% average annual growth t:3te will
become increasingly difficult ~ de elopable land availability decreases and public
resources, e.g., the provision of mu icipal services, are stretched. Therefore, site life
would be expected to extend furthe into the future.
Also indicated on Table 1 is the gro represented by the commercial/domestic
component of the waste stream. Th' s portion of the waste stream has more than doubled
since 1985 and is directly related to population growth. The Colorado Division of Local
Government estimates that the pe anent population of Eagle County in 1995 was
27,993 persons. [Today's estimate i somewhere 'on the order of33,000 permanent
residents.] Table 2 illustrates how e County's population has grown over the last 35
years. In total, during the 35 year p riod, the County's population has increased nearly
six-fold (Eagle County Master Plan 1996).
Year Permanent Increase - Increase - Person Per
Population Number Percent Dwelling Unit
1960 4,677 Not applicable Not applicable Not available
1970 7.498 2,821 60% Not available
1980 13;320 5,822 78% 2.55
1990 21,928 8,608 65% 2.61
1995 27,993 6,065 28% 2.63
Source: Eagle County Master Plan. January. I 6. Prepared by Alan Richman Planning Services. using data from U.S.
Census and Colorado Division of LocaJ Govern ent.
Continued rapid growth will only aintain the increased disposal rate and dramatically
reduce the landfill site capacity at greater than anticipated rate. Therefore, without
major diversion of certain element of the waste stream, the projected life of the landfill
would be expected to be much less han the previously estimated 34.8 years. In fact, the
housing building boom that has ac ompanied the growth in population has resulted in an
extreme amount of construction/de olition type waste being disposed. This type of
waste comprises approximately 50 060 percent of the current waste stream and, due to
it's bulky nature, takes up more air pace. Because of this influx, capacity life of the
existing approved disposal area is robably more on the order of 10 to 14 years.
L\)'l;I)FILL PLAN OF DEVELOPMENT
PAGES
Current waste diversion efforts of e Eagle County waste stream include:
.
Drop-off recycling - histor cally has removed less than 5% (approximately
1,500 to 2,000 tons/year) fr m the waste stream. Materials collected include
newsprint; cardboard; alum num & steel cans; No. I & 2 plastics; clear, green &
brown glass.
.
Scrap metal recovery - w ite goods (household appliances) .and other metal is
recovered on a continual b is at the landfill and recycled. 400 to 600 tons are
recovered annually.
.
.
Scrap tire recovery - the ajority of tires brought into the landfill for disposal
are separated from the tras and stockpiled for recycling purposes as
opportunities arise. In 199 approximately 45,000 to 50,000 scrap tires were
shipped to Utah to be proce sed [chipped] and utilized as tire-derived fuel
[TDF]. At this time, Eagle ounty has requested the Colorado Department of
Public Health & Environm nt approve the use of chipped scrap tires for use as
leachate drainage material i future disp~sal module construction.
.
#If Clean wood recovery - a p ogram was initiated in 1997 to recover clean wood
waste from the wastestr for recycling purposes. A reduced tipping fee for
this material is the incentiv for landfill users to take advantage of this program
at the waste generation sou ceo Acceptable "woody" materials include:
dimensional lumber scraps, Christmas trees, logs, stumps, tree branches, pallets,
etc. Treated wood is not ac eptable. Generally twice per year the material is
ground into 3" minus chips and utilized as compost amendment in Eagle River
Water & Sanitation's comp sting operation.
'I
'\
,
Table 3 indicates the amount of ma erial diverted from landfilling as a result of these
efforts.
~
Waste Diversion Type
Drop-off Recycling*
Scrap Metal
ear Implemented
Amount Diverted
1996
1994
1990
8,356 tons
1,846 tons
45,000 to 50,000 tires
Scrap Tires
Wood 1997 3,501 tons
* Prior to 1996 the drop-off recycling program v operated by the non-profit organization. We Recycle.
iUtis o!lvious from~ Table 3 that, whi e promoting recycling and reuse of waste;.type
:11.. materials, these diversion activities have had little impact on totallandfilled waste.
~egardless of ongoing or future wa te diversion opportunities, there will always be a
need for landfill disposal of aporti n of the waste stream. In 1993, the Northwest
...-.--
LANDFILL PLAN OF DEVELOPMENT
PAGE 6
Colorado Council of Governments WCCOG] developed solid waste plans for 15
counties in Western Colorado, incl ding. Eagle County. This study concluded that the
most practicable approach to solid aste management included the following elements:
.
. hauling waste directly to th landfill without the use of transfer stations;
. ~cWfgp!'Ogr~~lc11..mbiI1~3!rop;.;off eent~rs \Vith expa,nded curbside-
collection; and
.
. an aggressive waste diversi n program which combines recycling with programs
to address construction deb is.
Economics playa major role in all fthe elements proposed by the NWCCOG plan.
However, the benefits of in-place p ograms must be considered in more than economic
terms. Recycling and reuse of wast materials are activities deemed important by the
general public, plus future regulato mandates may require more waste diversion in lieu
of landfilling. Recycling and wast diversion programs financed by Eagle County
Landfill can be relatively expensiv . And "aggressive waste diversion" is directly
related to the economic benefit of aste diversion versus landfilling. Over the past four
years, the landfill has funded the dr p-off recycling program at an annual cost of
$118,750. Last year the landfill ex ended almost $80,000 to get rid of scrap tires. From
$15,000 to $30,000 per year is spen to grind wood. Further efforts to divert
construction! demolition waste will be difficult to implement as long as the waste
continues to come in to the landfill mixed waste. Eagle County Landfill does not have
the resources to separate material er it has arrived for disposal. The in-place, on-going
diversion programs will continue, d new programs will be considered, however,
landfilling will remain the most ec nomically attractive waste disposal means for the
near future.
As further evidence of the need for xpansion, it should be noted that approximately
80% of Eagle County is comprised f public lands: National Forest - 42.9%, BLM _
22.7%, Wilderness - 13 .6%, and S te of Colorado - 1.1% [Eagle County Master Plan,
1996]. This results in a poor oppo unity for siting a new landfill in some other region of
the County. BLM has made it kno n that, according to current policy, they will not site
new landfills on lands under their anagement umbrella. Eagle County Landfill
currently operates under the auspic s of BLM Lease C-36803 which expires in the year
2016. BLM is not expected to rene a long-term lease upon expiration. Therefore, this
proposed land transfer will benefit he citizens of Eagle County by providing for the
continuance of the existing facility d services, and the proposed future development, in
such a manner as to preclude siting municipal solid waste disposal facility elsewhere in
the County.
The existing Eagle County Landfill is the sole municipal solid waste disposal facility
servicing Eagle County. Other Ian fills are currently operating in neighboring counties,
e.g.. Lake. Summit, Grand, Routt, itkin, and Garfield Counties, however, geographical
barriers [Vail Pass, Battle Mountai , Tennessee Pass, and Glenwood Canyon], combined
with long haul distances render the e facilities unfeasible both for operational and
economical reasons.
L\NJ)FlLL PLAN OF DEVELOPMENT
PAGE 7
Therefore, with these facts in mind, it is critical that Eagle County take the necessary
actions now to ensure that landfill s ace:will be available for the foreseeable future and
for future generations.
B. Suitability and Practicality of he Land to Satisfy the Need.
I. Suitability of proposed expansion a eas.
As evidenced by past site investigat ons, Fox - 1984 & 1985, and KRW - 1995 & 1996,
the lands encompassed by BLM Le e C-248 and BLM Lease C-36803 have been
demonstrated to display geologic d hydrogeologic characteristics which are suitable
for landfilling purposes. Additiona lands requested within this proposal would be
expected to exhibit similar characte istics. These characteristics include:
. the entire site is underlain b approximately 1,400 feet of the clay-rich Upper
Cretaceous Niobrara and B nton formations, overlying the Dakota Sandstone;
. the uppermost groundwater resources beneath the site are unusable both from a
supply standpoint and from a water quality standpoint;
. the availability of clayey so Is which can be utilized for barrier layer
construction; and
. a relatively arid climate.
Also, as described in the landfill pi completed by KRW, May 10, 1996, specific siting
criteria mandated by the State ofC lorado "Regulations Pertaining to Solid Waste
Disposal Sites and Facilities, 6 CC 1007-2" have been demonstrated. These location
demonstrations address: distance fr m airports, wetlands, geologic fault zones, seismic
impact zones, unstable soil areas, 0 erational impacts from wind, minimization of
precipitation. catchment areas, floo lains, isolation of wastes from the public and
environment, and avoidance ofplac ment of wastes into surface water or groundwater.
2. Practicality of site and proposed
The continued development of the urrent and proposed expansion areas for landfill
purposes is appropriate for the foil ing reasons:
. the location of the site is ne the center of the population it serves;
. the site is easily accessible y paved road [Highway 131] to within one and one-
half miles of the facility, w th the gravel access road well maintained by County
personnel;
. the site is isolated from the public, with no adjacent residential development;
. with the exception of the U e Creek Storage Park, no commercial developments
are located within the vicin ty of the landfill and proposed expansion areas;
LAND....LL PLAN OF DEVELOPMENT
PAGE 8
. a great deal of effort and ca ital have been expended to investigate the site
environmental setting with he conclusion that this is an environmentally suitable
and practical site for the pu ose of landfill operations; and
. lastly, a great deal of effort nd capital have been expended to develop the
existing disposal area to m t regulatory criteria.
C. Feasibility
Expansion of disposal areas berond the currently pennitted site is feasible for
engineering, regulatory, operational and planning & zoning reasons. As reference to the
following discussion, please see Ap endix C, Eagle County Landfill Conceptual Long-
Range Plan map. prepared 04/22/9 by KR W Consulting, Inc.
J. Engineering Criteria.
It is extremely difficult to peer bey nd a conceptual plan of landfill expansion because
the future holds so many variables, owever, from this point in time, this plan appears to
be a reasonable approach based up n reasonable assumptions. It is estimated that from
30,000,00 cubic yards to 42,000,00 cubic yards of disposal airspace may be available
for total site development. Further, the conceptual plan presented develops the site in
phases to take advantage of existin engineered structures and containment systems, e.g..
leachate collection systems and lin r systems. Phase I on the map indicates the existing
landfill area. Once this area is full developed in tenns of module construction the
remaining activities would be to a in. final grades with disposed waste, then install the
final cap system. At some point pri r to completion, excavation activities would
commence on Phase 2, directly to tl e east of Phase 1. From an engineering standpoint
this makes sense in that the liner sy tern and leachate collection system for Phase 2 could
probably be tied directly to these st ctures in Phase I, eliminating the need for an
additional leachate sump and the as ociated access piping. Once Phase 2 is completed.
linal grades and the cap system for his area would also tie directly into Phase I taking
advantage of the air space between hem instead of losing air space if a completely
separate area were to be developed. Phase 3 and Phase 4, to the southwest of Phase 1.
could be developed using this same concept to a point. Due to the topography in these
two areas, separate leachate collect on systems would have to be designed and installed.
Also. surface water run-on and run ff controls, along with a sedimentation collection
pond disassociated with the upper eve loped areas, would be required.
Additional lands would also provid for soil borrow area development, placement of soil
stockpiles, development oftempor ry and pennanent run-on and run-off drainage control
structures, and site access. Depend ng upon the rate of develo.!'fent, i.e., how quickly do
new arcas need to be readied for w ste disposal, large tracts of land may be len
undisturbed for long periods oftim thus giving habitat benefit for indigenous wildlife.
Reclamation and revegetation of di turbed areas would, ,at the same time, provide forage
and cover to wildlife which had at rwise been lost.
Another engineering benefit is the
lease area and proposed additional
the construction of landfill barrier
I..\:\D""I.I. PL\:\ 01: DE\'EI.OP!\IENT
n-site availability of clay-rich soils across the present
creage which will provide necessary materials for
stems, i.e., landfill base liner and cap system. The
I'AGE 9
presence of a significant thickness f underlying bedrock with relatively low
permeability, as well as poor ambie t groundwater quality in the uppermost water
bearing zone with no near-surface a uifers, will minimize the need for engineering
controls.
1. Regulatory Criteria.
Past studies related to the permittin of the current operating area demonstrate the
compliance of potential landfill exp sion areas with location restrictions mandated by
the Colorado Department of Public ealth & Environment [presented in the KRW plan].
These location requirements addres the following:
I
. proximity to airports;
. wetlands;
. Holocene fault areas;
. seismic impact zones;
. unstable areas;
. floodplains;
. topographic features as the are related to restriction of wind at landfilling areas;
. minimization of precipitati n catchment areas impacted by landfilling;
. depth to groundwater;
. proximity to surface waters
. proximity to water supply ells; and
. site stability.
3. Operational Criteria.
Proposed expansion areas are readi y accessible by paved road to within approximately
one mile of the site. According to t le conceptual long-range plan, the main access road
wi 11 be unchanged for Phases I & 2 During construction in the south half of Phase 3.
the road will be routed through the orth half of Phase 4. During construction in Phase
4. the road will be reconstructed ov rthe top of Phase 3. The access road is maintained
on a year-round basis by Eagle Co nty personnel. As with the road, existing electrical
power and telephone lines would r main in place during Phase I & 2 development.
These services will be relocated fo Phase 3 & 4 development.
As for actual waste disposal opera!" ons and related activities,. aU of these operations will
~iea out in comp1iImw. gulatoryrequirements arlcfbesfmanagement -
--1mtetie~
J..\~I>FII.L I'L,\N OF DEVELOPMENT
PAG": 10
4. Planning & Zoning Criteria.
Continued use of the current landfil site and proposed expansion areas conforms to
existing land use practices as well a future land use planning.
The Eagle County Master Plan, ado ted January 3, 1996, contains the Future Land Use
Map [FLUM], which "provides a g neral guide to the future development patterns which
have been determined by the comm nity to be most appropriate for unincorporated Eagle
County. The FLUM establishes the overall vision for how Eagle County is expected to
grow over the next fifteen [15] year [1995-2010], depicting how the policies of the
Master Plan and the visions establis ed within community plans and other functional
plans adopted by Eagle County' can be achieved on a Countywide basis."
The FLUM designates lands within Eagle County into several categories, among those is
"Service Commercial". "The Servi e Commercial designation includes lands which are
planned to develop with a variety 0 local-oriented commercial services which require a
relatively large area of land and wh ch may have specialized parking, storage and other
needs, and may, therefore, not be a Ie to locate within a Town or Community Center.
Service commercial lands are chara terized by their locations, which are near, but not
immediately adjacent to, other pop lation and employment centers and which are in
close proximity to a major transpo ation interchange or road. They are also places
where enough land can be assembl d so that the service commercial uses can be
designed to be adequately buffered rom one another and from surrounding uses. While
significant levels of service comme cial development have not previously taken place in
unincorporated Eagle County, pote tially suitable areas for future service commercial
development have been designated n the vicinity of the Airport and the Landfill."
Further evidence of suitability ofth s site for landfill purposes is provided by the
following elements:
. the current landfill site and adjoining lands are zoned as a "Resource Area" and
are not located near any "P anned Development Areas". [See Eagle County
Zoning Map]:
. no zoning changes will be I ecessary, although a "Special Use Permit" will be
required; and
. visual impacts will be mini ized by utilizing the existing topography to the
fullest extent possible for s reening purposes and through reclamation and
revegetation of disturbed a eas.
D. Potential Facility Layout.
I. Vi.o;ual Impacts.
Certain topographical features will shield the landfill and future expansions areas from
visual impacts particularly on the, est and north sides creating a natural mitigation zone
to any future adjacent developmen. Adjacent land to the south is public land managed
by BLM as well as adjacent land 0 the south one-third of the east side. In the event
future development occurs on priv te property to the east of the landfill site. relatively
U:\IH'JLL PL\~ m- OEn:LOPl\UXr
PAGE 11
unobstructed views of landfill activ ties will be observable. Visual mitigation will be
achieved through reclamation and r vegetation measures as well as daily operational
activities, e.g., applying daily cove over disposed waste.
2. Location of potential fill areas, str: tures, and improvements {revegetation areasj.
As shown by the conceptuallong-r nge plan, potential future fill areas will be developed
first to the east of the existing disp sal area., then toward the southwest. Soil borrow
areas will be located based upon su table soil availability and proximity to active
disposal areas with the ideal plan to borrow soil from next phase excavation areas.
Ancillary site features such as scale office, vehicle parking area., heavy equipment
parking area, fuel tanks, natural gas supply, non-potable water cistern, septic tank, and
tool/equipment trailer will remain a their current location through development and
tilling of Phase I & 2. Other struc res associated with Phase I & 2, e.g., leachate sump,
water holding pond, and the sedime tation pond would be considered permanent
structures and would remain in pia e to facilitate post-closure activities.
As Phase 2 nears capacity, support ervices and facilities would be re-located to meet
operational requirements. It is like that landfill support facilities would be re-located
to the southwest of their present 10 tion, near the existing access road. A relatively
large, flat area exists just west of L ase Area C-248 which would be ideal for this
purpose. This location could remai in place for development of Phases 3 & 4.
Revegetation of all disturbed areas ill commence upon completion of any construction
activity. Revegetation efforts will e focused upon mitigating erosion of surface soils
and providing forage for wildlife. eed mixtures which meet these requirements will be
utilized. A detailed analysis of rev getation efforts, including soil amendments to
improve the nutrient content prior t or in conjunction with seeding, is contained within
the proposed "Eagle County Landfi 1 Wildlife Mitigation and Implementation Plan" and
has been provided to BLM under s parate cover.
3. Maintenance/Basic Services Plan.
The current Eagle County Landfill acility, due to it's relatively remote location, is not
connected to any potable water or s wage service system as may be supplied by typical
city-provided services. Water for I nd washing purposes and sanitary purposes is
obtained from the City of Eagle, ha led to the landfill in a 4,000 gallon water truck, and
stored in a below-ground cistern ad acent to the landfill office facility. This provides
enough water to last approximately 30 days. Drinking water.is purchased and stored on
site for landfill personnel and custo ners. The landfill office facility sanitary system
consists of a septic vault sewer sys m which is not connected to a leach field due to the
impermeable-type soils. The septi vault is pumped out by a service provider
approximately every 30 days. The ffice facility is heated by a propane furnace which is
supplied by propane gas stored in a 500 gallon tank situated adjacent to the office
facility. Any trash or garbage gene ated by the office or other operation activities is
deposited in the landfill. Single-ph e electric service is provided to the landfill by Holy
Cross Energy with branches off of he mainline to the Eagle River Water & Sanitation
Districfs compost facility and to tl e Ute Creek Industrial Park. Telephone service is
provided by CcnturyTel via underg ound cable. Diesel fuel for heavy equipment is
stored on site in one 1,000 gallon a ld two 500 gallon above ground storage tanks. It is
L\~J)FILL I'L\N OF m:VELOPMENT
PAGE 12
planned to replace the 1,000 gallon nd one 500 gallon fuel tank in year 2000 with a
single 2,000 gallon. double-walled bove ground storage tank. No change in the
provision of basic services to the la dfill facility is planned for the foreseeable future.
The landfill access road is well mai tained by both landfill personnel and other County
Road & Bridge crews. Snowplowi g and cinder application is performed throughout the
winter months on an as-needed basi . General road maintenance and repair is usually
performed during the summer mont s. During the summer of 1999 a thick layer of
reclaimed asphalt was laid out and oiled onto the existing road surface in preparation for
chip sealing in year 2000. This wil eliminate the need for magnesium chloride treat-
ments and should aid dust control easures. In addition, budgeted road improvements
I
for year 2000 include overlaying th lower gate area near Highway 131 with asphalt
again and installing guard rail arou d two of the more exposed curves on the access road.
Pick-up of windblown litter from t e landfill working face is accomplished during
periods when snow cover is absent. Typically, prevention of windblown litter is
accomplished by covering exposed rash at the end of every working day. However.
when litter does get blown about, I dfill personnel, trustees from the County detention
center. and community service wor ers all police' the area. Litter is usually entrapped
along temporary fencing which enc oses the perimeter of the active fill area. This litter
fencing prevents most trash from e caping the general area of the landfill. An 8-foot to
10-foot litter fence is proposed for nstallation along the southern boundary of Module 1
in year 2000.
E. Potential Development Time
Reference is made to the Eagle Co nty Landfill Conceptual Long-Range Plan map
contained within Appendix C. In c njunction with this map, incoming waste tonnage
projections based upon varying de ees of growth versus projected available disposal
capacity have been calculated whic give estimates for site development and longevity.
For details of the landfill life estim tes please see Appendix B. Without detailed
engineered analysis of the site, it is estimated that between 30,000.000 cubic yards and
42,000.000 cubic yards of air spac are available for waste disposal. Growth rates of
incoming waste are projected at lo/i, 3.0%, 5.0%, and 8.44%. The 8.44% growth is
indicative of the average annual gr wth experienced at Eagle County Landfill since
about 1995. The following tables resent the projected year each phase of the
conceptual long-range plan is antic pated to reach capacity and provide a development
timetable.
.. ....
1.0% 3.0%
Phase 1 2018 2015
Phase 2 2046 2033
Phase 3 2077 2050
Phase 4 2098 2059
'While. K.. KRW Consulting. Inc.. 517/99
L\:\DFlI.I. PL\:\ OF Dt:Vt:1.0P:m:~T
5.0%
8.44%
2013
2027
2038
2044
2011
2020
2028
2032
P'\(ir-: IJ
-",.: ..
,. "..',::::iIi.fiiij::$.~:::::4Z~OOb.~u:_::lijfiii.j;~ti~~[i.iii.I;1:::!::::'::::::::":'Ij:::::[!:::;::::::i:~::::[:::[:':::,:::::::::[:;::::'it:i::i:;:;:;:::::
1.0% 3.0% 5.00/0 8.44%
Phase 1 2026 2021 2017 2014
Phase 2 2060 2041 2032 2024
Phase 3 2097 2059 2044 2032
Phase 4 2121 2069 2051 2036
*Whitc. K. KRW Consulting. (nc,. 5/7/99
.
Overall. these projections indicate tI at the entire site [730 acres] could be developed in a
worst case scenario of about 32 yea s to a best case scenario of about 121 years.
If Eagle County continues to grow a it's present rate, the worst case scenario of 32 years
may become reality. Therefore, in (rder to optimize, both operationally and
economically, the areas to be utilize~ for landfilling purposes, an extended period oftime
for planning purposes is practicable It is not unreasonable to project the need for more a
detailed planning process to commence in the early 2000s.
From this illustration. it becomes apparent why there is a need for a large enough parcel
of land to be transferred to County ( wnership that will preclude siting another landfill
well into the next century. Over tirr e, of course, situations will present themselves
which will require modifications of his generalized plan. However, given the size of the
proposed area to be transferred to Cpunty ownership, the site can be developed in a
manner that will minimize impacts 0 the environment and continue to be protective of
human health.
F. Operations Strategy.
All current landfill operational acth ities are in compliance with the State-approved
Eagle County Landfill Design, Ope ations, and Closure Plan completed by KRW
Consulting. Inc. dated December 5, 1995 and revised May 10, 1996. Development of
expansion areas for landfilling purp ses will be subject to the scrutiny and approval of
the Colorado Department of Public -Iealth & Environment and to any revisions or
additional requirements of state or f deral municipal solid waste disposal facility
regulations.
J. Proposed source and disposition of evenues.
All activities undertaken in regard t municipal solid waste disposal at Eagle County
Landfill are funded through user fee s. Under the financial policies utilized by Eagle
County. the landfill operates as an ' Enterprise Fund" which is, in a manner, similar to a
private business.
It is the goal of Eagle County Land 111 to operate financially in such a manner as to
generate sufficient revenue to not 0 ly provide funding for all operational expenses,
personnel expenses. and capital pro ects. but to also set aside funds for any regulatory
1..\:'\1>"'11.1. J>L\~ OF DEVELOPMENT
PA(,[ 14
mandated requirements, e.g., landfil closure and post-closure costs. It is also inevitable
that a landfill gas control and collec ion system will be installed as the landfill increases
in size which will require a large ca ita I expenditure.
2. Tippillg fee !i/ructure.
The Eagle Board of County Commi sioners recently passed Resolution No. 2000-015
which will increase tipping fees effi ctive April I. 2000. The tipping fee structure is as
follows:
Compacted/domestic waste
Constructionldemolitioh w ste
Clean wood waste
Minimum charge per load
Scrap tires,
- separated from trash
- mixed with trash
Uncovered loads
3. Budgeted expellses and revenues.
$23.10 per ton
$43.90 per ton
$21.00 perton
$ 6.00
$ 4.00 each
$ 6.00 each
$ 9.00 additional per load
The budgeted expenses and revenu s for Eagle County Landfill for calendar years 1997
through 2000 [projected] are tabula ed as follows:
1997
1998
1999
2000
Revenues
Expenditures
$2,312.112
$2.275,534
$2,486,599
$3,059.352
$1,468,463
$2.622,838
$3.292,572
$3,464.072
*AII budgetary expenditures lII'C subject to annu I appropriation through approval by the Eagle Board of County
CommIssioners. Year 2000 revenues & expendi ures are projected.
Over the past few years the landfill has carried a fairly healthy fund balance which has
been utilized to make up for expen iture shortfalls. It is the goal of the landfill to
operate on a break-even basis, whe e expenditures match revenues.
All capital projects. which include andfill construction as required by the Design.
Operations, and Closure Plan appro ed by the State of Colorado and all costs associated
with the proposed land transfer of LM lease areas. including additional lands, are line
item expenditures contained within the operating budget. Eagle County expects that
sufficient revenue will be generate by user fees to fully capitalize any costs associated
with landfill development. For tha reason, it is imperative to develop long term
development plans which can be fu ded over an extended period oftime. Pursuing this
endeavor. i.e.. acquiring land for la dfilling purposes is a large portion of the planning
process.
L\:\DFII.1. I'L\~ OF DEVEI.Ol'l\IENT
PAGE 15
CONCLUSION
Eagle County believes that it is in th best interests of it's citizens to provide for the
disposal of municipal solid waste in manner which is protective of human health and
the environment in as economical a anner as possible.
The preceding discussion has establi hed the County's use of the lands under
consideration as a municipal solid w ste disposal site for the past thirty plus years.
Several engineering and environmen I studies have indicated the suitability of this area
for landfilling purposes. Also demo strated is the County's continuing effort to make
the capital investments in order'to 0 erate the sites according to all applicable rules and
regulations.
Land availability for future landfill s tes within County environs is extremely limited.
Therefore, it is imperative that Eagl County take advantage of this opportunity to
acquire sufficient land to provide a eded service to it's citizenry well into the future.
L\~J)FII.I. PI.AN ()Io' m:n:LOPMENT
PAGE 16
B LIOGRAPHY
1. White, Kip R.. P.E.. and Gregory W. Knell, C.P.G., 1995. Eagle County Landfill
Design. Operations, and Closure PIa .
2. White. Kip R., P.E.. and Gregory W. Knell, C.P.G., 1997. Land Transfer Audit of
Leased Land - Serial No. C-36803, -248, C-40277, and C-40272 and Contiguous
Additional Lands.
3. White. Kip R.. P.E., 1999. Long- ange Plan Life Estimates.
I
4. Alan Richman Planning Services. 1996. Eagle County Master Plan.
5. Northwest Colorado Council of overnments & Beaton and Associates, 1993. Eagle
County - Solid Waste Management Ian.
1..\~DFlI.I. PLA:\' OF DE\'EI.OP~IEj\'T
PAGE 17
APPE IX A
APPENDIX A
March 29. 2000
AMENDED LEGAL DESCRIPTION F LANDS APPLIED FOR PURCHASE
The public lands that Eagle County is applying or ownership has been revised to include land
presently leased from the BLM (lease serial n bers C-36803 [active landfill site], C-248
[closed landfill site]. and C-40277 [right-of-wa ). Eagle County is also applying for ownership
of additional lands to be utilized for future disp sal area development, soil borrow area
development. placement of soil stockpiles. I}lll- n and run-off drainage eontrols. support
facilities. and site access. The total land propos d for transference is described* as follows:
Sections ,10 & 11
Township 4 South, Range 83 st of the 6th Principle Meridian
County of Eagle
State of olorado
Section 2
E~'2SW~'4SW~
SW~'4SWI/'4SW~
SE~SW~'4
SY2SE~~
20
10
40
80
To I Section 2: 150 acres
Section 10
E ~'2N E ~/4
E~~SW~'4NP~
E'2SE~/4SW~/4
SP,'4
80
20
20
160
To al Section 10: 280 acres
Section 11
N IhN 1/2
W~NEII4SE~NW~
W~2SEII4NW~
NE ~/4NWI/'4SW~
W~'2 W~;SWl/'4
160
5
20
10
40
SWv..NWv.. 40
WY2SEv..SEv..NWv.. 5
WY~Wv..NEv..SWv.. 5
WY2SEv..NWv..SWv.. 5
WY:zEY2SWv..SWv.. 10
TO~ Section 11: 300 acres
P RCHASE TOTAL: 730 acres
*L~gal descriptions conform to S ecifications f r Descri tions of Tracts of Land for Use in Land
()rd~rs and Proclamations. 1979. U.S. Departm nt of the Interior, Bureau of Land Management.
Cadastral Surn:y.
i
I
APPE]~nIX B
i
Long-Range Pl~n Life Estimate
9412.01 LRP Li e estimate.xls
Assumptions:
LandfiD Waste Flow (tons) 86,173
The average density (in Ibslyd3) of the refuse in place 982
Landfill Annual Waste Flow (cubic yards) : 175,505
!
Waste Compaction Ratio (since basis is in-place refuse, the compaction ratio i 1) 1.00
Volume and Ufe Calculations
Net Refuse Volume Available (see note 1) , 30,000,000 i 30,000,000 i 30,000,000 30,000,000
Area of the fill area in Aaes 470.001 470.001 470.00. 470.00
Final cap thickness I 4.00' 4.oo! 4.00 4.00
Volume of soil required for the final cap 3,033,067 : 3,033,067 ; 3,033,067 3,033,067
Uner thickness ! 1.001 1.001 1.00, 1.00
Uner Volume . 758,267 1 758,267 i 758,267 758,267
leachate coIIectlon layer thickness , 1.0 I 1.0 I 1.0 : 1.0
,
leachate collection layer volume I 758,266.7 : 758,266.7 : 758,266.7 758,266.7
Percentage of the useable volume taken up by interim cover : 15%1 15%1 1SOk: 15%
Volume of soil required for inteJim cover : 4,500,000 . 4,500,000 I 4,500,000 : 4,500.000
Total soli volume requirement for the site 8.291,333 1 8.291,333 i 8,291,333 ' 8.291,333
SoD available on site I 8.291,333 I 8.291,333 ! 8.291,333 ! 8,291,333
Soil excess/deficit (see note 1) I 01 Oi 0 0
Ute of the site assuming no Increase in the waste flow rate and assuming sufll ::lent I . 170.941 170.941 I
soil is availab,le 170.94: 170.94
Growth per year for volume coming in the gate i 1.0%1 3.0%1 5.0%! 8.44%
Ufe from 1998 assuming stated growth in gate volume (see note 2) I 100.171 61.331 46.24' 33.n
I
1. Assume that the landfill excavation balances with the amount of soill'equirEll for dally, interim and final cover and finer and leachate collection system;
therefore, the net volume (volume for refuse) at the landfill is the volume betwE an the existing ground surface and the top of the proposed design surface.
~ Landfill Ufe was calculated by solving for "n" in the equation F=A[(1+iln-11i] ~ rhere:
A = annual gate volume corrected for compaction ratio,
F = volume available for waste,
i = growth rate, and
n = years of life remaining.
n=ln(FilA+1 )/In(1 +i)
5/7 99
9412.01 LRP Ulfe estimate.xts
Assumptions:
Landfill Waste Flow (tons)
The average density (in Ibs/yd3) of the refuse in place
Landfill Annual Waste Flow (cubic yards)
86,173
982
175,505
1.00
42,000.000 : 42.000.000 ! 42,000.000 42.000.000
470.00: 470.001 470.00 470.00
4.00: 4.ooi 4.00 4.00
3.033.067 ' 3.033,067 : 3.033,067 3.033.067
1.00 1.00: 1.00 1.00
758.267 758.267 : 758.267 758.267
1.0 i 1.0 ! 1.0 1.0
758.266.7 ' 758.266.7 ! 758.266.7 758.266.7
15%i 15%. 15% 15%
6.300.000 ' 6.300.000 I 6.300.000 6.300,000
10.091.333 : 10.091.333 i 10.091,333 10.091.333
10.091.333 I 10.091.333 ! 10.091,333 10,091.333
0 01 0 0
I 239.311
239.31 i 239.31 ' 239.31
1.0%1 3.0%1 5.0% 8.44%
122.781 71.101 52.52 37.69
Waste Compaction Ratio (since basis is in-place refuse. the compaction ratio .~ 1) ,
Volume and Ute Calculations
Net Refuse Volume Available (see note 1) i
Area of the fill area in Acres I
Final cap thickness
Volume of soil required for the final cap
Uner thickness
Uner Volume I
leachate collection layer thickness ;
leachate collection layer volume
Percentage of the useable volume taken up by interim cover
Volume of soil required for interim cover I
Total soil volume requirement for the site
Soil available on site
Soil excess/deficit (see note 1) I
Ufe of the site assuming no increase in the waste ftow rate and assuming suffi:ient i
soil is available i
Growth per year for volume coming in the gate :
Ufe from 1998 assuming stated growth In gate volume (see note 2) i
1. Assume that the landfill excavation balances with the amount of soil require for daUy, interim and final cover and Dner and leachate collection system;
therefore, the net volume (volume for refuse) at the landfill is the VOlume betwl en the existing ground surface and the top of the proposed design surface.
2. Landfill life was calculated by solving for .n~ in the equation F=A[(1+1)".1/i] \ here:
A = annual gate volume corrected for compaction ratio,
F = volume available for waste,
i = growth rate. and
n = years of life remaining. '
n=ln(FiJA+1 )IIn(1 +i)
517/S9
.
9412.01 L.RP L. f e estimate.xfs
Assumptions:
Total Net Refuse Volume Available I 30,000,000
1998 Landfill Waste Row (tons) I 86,173
The average density (in Ibslyd3) of the refuse in place I 982
Landfill 1998 Annual Waste Row (cubic yards) I 175,505
Total landfill Acreage I 470
Growth per year for volume coming in the gate I UJ% I 3.0%1 5.0%; 8.44%
ute Cafculatlons Phase 1
Net Refuse Volume Available In Phase (see note 1) 3,957,447 I 3,957,447 I 3,957.447 . 3.957,447
Phase Acreage 62.001 62.001 62.001 62.00
ute assuming stated growth in gate volume (see note 2) 20.44 17.481 15.471 13.15
Year . I 2.018 I 2.015 I 2.013 i 2.011
Calculations Phase 2 6,702, 128 I
Net Refuse Volume Available In Phase (see note 1) I 6,702,1281 6,702, 128 i 6.702,128
Pnase Acreage 105.fX11 105.001 105.001 105.00
Waste Flow Rate at Beginning of Phase 2 Operations (see note 3) 215,080 294,228 I 'ST3,377 I 509,514
Life assuming stated growth in gate volume (see note 2) 27.26 17.621 13.131 9.22
Year 2.046 2.0331 2,027 I 2,020
..
ute Calculations Phase 3
Net Refuse Volume Available In Phase (see note 1) 10,340,426 10,340,426 10,340,426 1 10,340,426
Phase Acreage 162.00 162.00 162.001 162.00
Waste Row Rate at Beginning of Phase 2 Operations (see note 3) 282, 101 495,292 708,484 I 1,075,173
Life assuming stated growth in gate volume (see note 2) 31.38 16.45 11.23i 7.33
Year 2.Gn 2.0501 2,0381 2,028
ute Calculations Phase 4 .. ":.,,:..
Net Refuse Volume Available In Phase (see note 1) 9,0&3,830 ' 9,063,830 I 9,063,830 I 9,063,830
Phase Acreage 142.00 142.oo! 142.00 142.00
Waste Row Rate at Beginning of Phase 2 Operations (see note 3) 385,505 805,505 I 1,225,505 . 1,947,905
ute assuming stated growth in gate volume (see note 2) 21.22 9.84 6.451 4.09
Year 2.098 2.0591 2,044, 2.032'
1. Assume that the landfill excavation balancas with the amount of soil nliiUlred :iT daUy. Interim and final cover and Doer and leachate coJIectIon system;
therefore, the net volume (volume for refuse) at the landfjll is the volume betwee the existing ground swface and the top of the proposed design surface. In
addition assume that the percent of the total refuse volume in the phase is equi'li lent to the percent of the totaJ area included In the phase.
2. Landfdllife was calculated by solving for "n"ln the equation F=A[(1+i)n-1/i] wh re:
A = annual gate volume corrected for compaction ratio,
F = volume available for waste,
i = growth rate. and
n = years of life relt'laining.
n=ln(FilA+1 )/In(1 +1)
3. Waste flow rate at the beginning of each phase subsequent to Phase 1 was c IcuJated using the equation
A=P[(i(1 +i)n)/((1 +i)"-1)] where:
A = annual gate volume at the beginning of the fllrmg of the phase.
P = volume of waste placed in the previous phase,
i = growth rate, and
n = number of years to fill the previous phase.
5/7 /99
9412.01 LRP Li1~ estimate.xl.s
Assumptions:
Total Net Refuse Volume Available I 42,000,000
1998 Landfill Waste Flow (tons) : I 86,173
The average density (in Ibs/yd3) of the refu!>e in place I 982
Lanclfill1998 Annual Waste Row (cubic yardS) I 175,505
Total Landfill Acreage I 470
Growth per year for volume coming in the gate I 1.0%1 3.0%1 5.0%; 8.44%
Ufe Calculations Phase 1 5,540,426 I
Net Refuse Volume Available In Phase (see note 1) I 5,540,426 I 5,540,426 : 5,540,426
Phase Acreage I 62.00 / 62.00 I 62.00 i 62.00
ute assuming stated growth in gate volume (see note 2) I 27.57/ 22.541 19.41i 16.03
Year . I 2,0261 2,021 I 2,017 i 2,014
Calculations Phase 2
Net Refuse Volume Available In Phase (see note 1) I 9,382.979 I 9,382.979 ! 9,382.979 ; 9.382.979
Phase Acreage 105.001 105.001 105.00: 105.00
Waste Aow Rate at Beginning of Phase 2 Operations (see note 3) 230,909 I 341,718 452.526 I 643.117
ute assuming stated growth in gate volume (see note 2) 34.271 20.33 14.581 9.91
Year 2,0601 2,041 2,032 I 2,024
Ufe Calculations Phase 3
Net Refuse Volume Available In Phase (see note 1) 14,476,598 14,476,596 I 14.476,596 ! 14,476,596
Phase Acreage 162.00 162.00 162.00' 162.00
Waste Flow Rate at Beginning of Phase 2 Operations (see note 3) 324,739 623,207 921,675 ! 1,435,040
ute assuming stated growth in gate volume (see note 2) 37.051 17.891 11.88! 7.60
Year 2,0971 2,0591 2,0441 2,032
ute Calculations Phase 4
Net Refuse Volume Available In Phase (see note 1) I 12,689,362 I 12,689,362 I 12,689,362 i 12.689.362
Phase Acreage , 142.001 142.001 142.00 142.00
Waste Flow Rate at Beginning of Phase 2 Operations (see note 3) 469,505 1,057,505 I 1.645,505 ' 2,&56,865
ute assuming stated growth in gate volume (see note 2) 24.041 10.4O! 6.681 4.18
Year 2,121 2,069 2.051 i 2.036
I I ;
1. Assume that the landfill excavation balances with the amount of SOIl required t r daIJy, interim and flnaI cover and 8ner and leachate collection system;
therefore. the net volume (volume for refuse) at the Ianclflll is the volume Qetweel the existing ground siuface and the top of the proposed design surface. In
addition assume that the percent of the total refuse volume in the phase i$ equiv. lent to the percent of the total area included In the phase.
2. Landfill life was calculated by solving for "n" in the equation F=A((1+i)"-1/i] wh re:
A = annual gate volume corrected for compaction ratio.
F = volume available for waste,
j = growth rate. and
n = years of life remaining.
n=ln(FilA+1 )/In(1+1)
3. Waste flow rate at the beginning of each phase subsequent to Phase 1 was Cli lculated using the equation
A=P((i(1 +i)")/((1+1)".1)] where:
A = annual gate volume at the beginning of the filling of the phase,
P = volume of waste placed in the previous phase,
i = growth rate, and
n = number of years to fill the previous phase.
5/7/ 99
Conceptual Lon
IMPACTS T
'ASARES
BLMlEAGLE COUN
WILDLIFE
T OF THE
LAND TRANSFER
EAGLE CO LANDmLL
WILDLIFE IGATION AND
IMPLEMENT TION PLAN
September 18.2000
Prepared for:
U.S. Department of the Interior
Bureau of Land Management
Glenwood Springs Resource Area
by: Ronald L. Rasnic. Eagle County Solid Wast Manager
Table of Contents
Section I.
Impacts to Wildlife as a Result of the BLM/Ea Ie County Land Transfer
1.0 Introduction.......................... ...... ......... ............... ..................................... ........... 1
2.0 Wildlife HabitatlIssues. ....................... ..................... ................................ ..... ..... 1
2.1 Forage Balance............ ......... ......... ............... ................................................ 3
2.2 Soil Amendments...................L..... ..................... .................. ...... .................. 3
2.3 Cover Habitat................................ ....................... ...... ......... .............. ..... ...... 4
2.4 Public Hooting Access.. ....... ......... .................... ..... .................... .................. 5
2.5 Land Used for Landfill Operation Only...................................................... 5
2.6 Current Access Road........... .......... .. .............. ............................. .................. 5
2.7 Public Access Restrictions............ ............................................................... 5
2.8 Fencing......................... ........... ...... ................. ......... ......... ............................ 5
3.0 Eagle County Master Plan.;................ ............................................................... 6
3.1 Applicable Critical Wildlife Habit ts........................................................... 7
3.2 Site-Specific Mitigation Concepts ............................................................... 7
4.0 Extent of Disturbed Areas - Present d Future................................................. 8
4.1 Closed [Wolcott] Landfill Site...... ............................................................... 8
4.2 Active Disposal Site - Phase 1...... ............................................................... 8
4.3 Future Phases...................... .......... ... :..... ....... ............................................... 8
Bibliography
Section II.
Eagle County Landfill Wildlife Mitigation an Implementation Plan
1.0 Revegetation..... .......... ........................ ................................................. ......... ..... 1
( a) Seed mixtures................................ .............................. ....... .......................... I
(i) Soil saxnpling...................... ...... ....... ...... ................................................... 2
(ii) Soil enhancement...................... ... .... ....... ....... .......................................... 2
("') S d . .,
111 ee mIx....................................................................... .................. ........ _
(b) Enhancing forage in undisturbed reas......................................................... 2
(c) Introduction of trees. plants. and S lrubs........................................................ 2
2.0 Soil amendments.. .............................. ................................... ...... ....................... 3
3.0 Provide for or maintain cover in reel:. im~d and undisturbed areas..................... 3
4.0 Maintain access for public hunting.... ................................................................ 4
5.0 Management of the land only for Ian filL\\"ast~ handling operations................ 4
6.0 Maintain current access road for publ c us~........................................................ 4
Table of Contents [continued]
7.0 Public access restrictions during critic wildlife periods................................... 4
8. 0 Fencing...... .... ........................... ............ ............... ................... ..................... ....... 5
9.0 Off-road vehicle [ORVl restrictions.... .............................................................. 5
10.0 Funding eommitments................. ... ..... .............................................................. 5
Appendices
Appendix A - Legal description & map
Appendix B - Conceptual Long-Range PI Map
Appendix C - Letter from Bill Andree, Di 'ct Wildlife Manager - Vail, CDOW
Appendix D - Bio-solids regulation revie
Appendix E - Tree mound detail drawing
Appendix F - Grass/forb seed mif{ ,
Appendix G - Other appropriate grass/for species
Appendix H - E-mail message from Meg Gross to Roy Roath
IMP ACTS T WILDLIFE
ASARE ULTOF
THE BLMlEAGLE CO NTY LAND TRANSFER
1.0 INTRODUCTION
The federal land proposed for patent to Eagle Co ty is located in Sections 2, 10 & 11 in
Township 4 South, Range 83 West about 2 mile north of Wolcott, CO and east of Highway 131
encompassing approximately 730 acres [see .atta hed legal description and map, Appendix A].
The landfill areas and proposed expansion areas ie in a transition zone between pinon/juniper
and sagebrush communities. With the exception of Ute Creek, natural surface water resources
are virtually nonexistent within the area. A man made sedimentation pond for landfill surface
water run-off contains water for a few months 0 the year but is generally dry by summer's end.
Disturbed areas to date include the closed [Wolc tt] landfill site, approximately 60 acres, and the
active soil borrow/disposal area. approximately 0 acres. The Wolcott site [BLM Lease C-248]
was closed and capped in 1990 with waste dispo al continuing approximately 1 mile to the north
on BLM Lease C-36803.
Development and operation planned from today' vantage point is to proceed in phases. Phase I
includes the existing permitted disposal area of out 47 acres and about 13 acres of waste
disposed between 1990 and 1996 [pre-Subtitle ] for a total of 60 acres. Phase 2 expansion is
planned to occur directly to the east of Phase 1, ing directly into it. Phase 3 development is
planned to continue to the southwest of Phase 1 0 just south of the closed [Wolcott] site. The
final area. Phase 4 lies directly south of Phase 3 d extends to within a few hundred feet of the
section line between Section 10 and Section 15 [ ee map, Appendix B].
2.0 WILDLIFE HABITATIISSUES
According to Mr. Bill Andree, District Wildlife anager-Vail, Colorado Division of Wildlife
[CDOW], "The land surrounding the landfill pro ides winter habitat for mule deer, sage grouse,
elk, bald eagles. A partial list of species that us the habitat year round or seasonal include
cottontail rabbits, bears, jackrabbits, coyotes. go den eagles. fox, badgers. mountain lions. ground
squirrels. red tailed hawks, mountain bluebird." See attached letter dtd 12/04/981, Appendix C].
Further. Mr. Andree describes seasonal use oft landfill area and surroWlding Ute Creek basin
by certain species as follows:
Mule Deer: winter range, winter concent ation area, severe winter range~ critical habitat.
Elk: winter range. some winter concentr tiol1 areas [this level of use has only happened in
the last 5 years].
-1-
Salle Grouse: the overall range of sage gr use and winter range.
Golden Ewde: winter range, hunting area
Bald Eagle: winter hunting area.
The CDO W believes there will be little direct .
only a landfill and completed cells are properly
Among CDOWs concerns for possible impacts
conversion of cover habitat to more open haqita
act to wildlife if the property is managed for
vegetated with plant species that favor wildlife.
e loss of winter range for all species,
and loss of public hunting and access.
Mr. Andree suggests the following mitigations hich would result in minimal negative impacts
to wildlife and could provide positive benefits t wildlife over the current conditions:
1. Revegetate reclaimed sites with a see
2. Use sludge to improve the quality of e reclaimed soils and spread on undi~
areas to improve the soils.
3. Provide for or maintain cover (securi and hiding) in reclaimed and undisturbed
areas.
4. Maintain some access for public hun g. to prevent the development of refugia areas.
5. The management of the land sold, be nly for landfill operations, not for housing
andl or maintenance facilities.
6. Maintain the current access road for blic use including any future subdivisions in
the surrounding private lands.
7. Restrict public access and activities d 'ng critical wildlife periods (Jan 15 to May 15).
8. Fencing should only be for cells that e currently active. Any other feneing should be
less than 42" high.
The landfill operational perspective. ;Main . ing andlor enhancing wildlife habitat must work
in conjunction with landfill operations and deve opment, i.e., once designed fill grades are
attained the final soil cover [cap] will be placed The cap is one of the most important
components of the barrier system in that it prev nts water intrusion by precipitation events and
minimizes leachate generation. Quickly establi bing plant species which prevents erosion from
precipitation is critical to maintaining the inte ty of the cap. Controlling surface water run":
on/run-off is another vital component to landfil development/operation procedures and
permanent structures must be properly construe ed and maintained.
2-
Therefore, the challenge is twofold; properly pre are, close. and maintain completed disposal
areas while, at the same, provide and/or enhance "ldlife habitat. This proposed wildlife
mitigation plan attempts to address both element. Following are initial comments regarding
CDOW mitigations provided by Mr. Bill Andree
2.1 FORAGE BALANCE
It is entirely possible to maintain or enhance wil ife forage areas to achieve no net loss of
habitat. This could be accomplished both on.a sort-term basis and a long-term basis using two
different methods. First., the short-term solution. Re-vegetate existing disturbed areas [the area
just south of Module I which contains a series 0 drainage channels and the area surrounding the
water holding pond] and areas of Phase I which an be completed and closed. In addition,.
enhance the quality of soil on the closed landfill ite through the application of fertilizer or bio-
solids and re-seed. This solution addresses both DO W concerns and proper landfill operations
provided a compatible seed mixture is utilized.
The longer term method is a suggestion by BLM Biologist Leonard Coleman. This would
involve cutting open areas into the pinon/juniper woodlands, particularly in Phase 4, and re-
seeding to provide forage where none to little ex sted. The open areas would be large enough to
establish forage areas and prevent overgrazing. emaining trees and shrubs around the perimeter
would ensure that cover for wildlife would be re dily accessible. Phase 4 should be the last
development phase so these open areas would pr vide cover and forage value for years to come.
2.2 SOIL AMENDMENTS
Soil amendments are necessary in nutrient depri ed soils and beneficial in soils with low nutrient
content. Soils can be amended using available r w organic materials [biosolids], eonventional
mineral fertilizers or engineered slow-release or anic fertilizers.2 The following is a summary
from "Revegetation and Erosion Control Recom endations for Eagle County Landfill":
Biosolids. Class A biosolid wastes that meet m' imum pollutant concentrations are aceeptable
organic fertilizers. Organic wastes are cost effe ive nutrient amendments if locally
available/abundant. Application ofbiosolid was e does have several guidelines required by the
Colorado Department of Public Health & Envir nment [see Appendix 0]. Following application
of biosolids monitoring, record keeping. and rep rting are required.
Mineral Fertilizers. Conventional mineral fertili ers are most commonly used due to relatively
simple procurement and application procedures well as costs. Mineral fertilizers often
promote rapid growth of weedy annual species nd leach out of the soil before the desirable
species can utilize the added nutrients. Compar tively. slow release bio-,()rganic fertilizer release
nutrients at a slower rate over a longer period th s favoring establishment of desirable species.
Slow Release Bio-organic Fertilizers. If a slow I' leased bio-organic fertilizer is desired. 'Biosol"
(or an approved equivalent bio-organic fertilizer) is recommended to promote biological activity
in nutrient deprived soils. Biosol has a slow. uni orm release rate for longer sustainable site
fertility .
The application of biosolids may be the preferre soil amendment provided regulatory standards
and suitability are met. Local availability should prove bio-solids to be the most cost-effective,
however. quantities may be limited. Also. applic tion techniques may be restrictive, Le., if
applied by mechanical means, only relatively flat open areas could be used.
Mineral fertilizers or slow release bio-organic fe ilizers may be the next preferred alternative.
Slopes and more restricted areas could be hydro- eeded with the fertilizer. Use ofbio-organic
fertilizers may encourage desirable plant species d impede weedy species. Cost-effectiveness
will have to be investigated.
2.3 COVER HABITAT
Over time, landfill development will significant!. reduce existing cover habitat such as
sagebrush, pinon! juniper woodlands, and other i digenous shrubslbushes as new phases are
excavated. However, it is important to keep in ind that total development will not occur all at
once. In our long range view, development will ccur in phases and within each phase, disposal
modules are to be constructed one at a time. Fer. expansion is dependent upon growth; so it
is feasible that certain areas, e.g., Phase 3 and Ph e 4. may remain undeveloped for many years.
Therefore. existing cover habitat, particularly in he southern areas of the parcel, is likely to
remain undisturbed for the foreseeable future.
Maintaining or providing suitable cover habitat i reclaimed areas presents challenges depending
upon the area being reclaimed. If the area is out ide of the landfill fOOtprint, such as re-graded
slopes. incorporating trees, bushes. etc. may be I' latively easily accomplished. The challenge
here would be creative landscaping suitable for ildlife. Areas such as completed disposal
modules or phases require a different approach. Ie purpose of the fmal soil cover or cap is to
prevent water intrusion. Deep-rooted plant speci s may provide pathways for water infiltration
thus compromising the integrity of the cap. Ho ever, it may be possible to eonstruet mounds
underlain with a liner system in order to plant tr es. shrubs. or bushes [see Appendix E].
Mounds may be configured as berms for several rees or as a single mound for individual
planting. Mounds should be also be constructed to provide a minimum of 1.5 feet of clearance
between the bonom of the root ball and the liner system. Further. mounds should be configured
to cause minimal interruption of sheet 11O\v acro s the landfill cap. The liner system provides
protection of the landfill cap from infiltration of vater and root penetration3. Mounds would also
provide topographic relief on an otherwise relati 'cly smooth surface. The challenge for this
approach would not only be creative wildlife Ian caping, but cost, as well. Transplanting of
trees, shrubs. and bushes from areas which will e disturbed to reclaimed areas may help to
reduce costs and increase the chance of plant su ivaI since growing conditions should be
similar.
2.4 PUBLIC HUNTING ACCESS
Hunting access to the public will be allowed as I ng as these activities do not create a danger to
landfill employees or anyone else engaged ill Ie itimate activities in the normal course of their
work in or about the landfill property and exten ing to landfill customers.
2.5 LAND USED FOR LANDFILL OPERA ONS ONLY
According to the stipulations of the land transfer the land proposed for patent to Eagle County
would only be used for landfill/waste handling 0 erations.
2.6 CURRENT ACCESS ROAD
The main access road will be unchanged for the ompletion of Phase 1 and expansion into Phase
2. During construction in the south half of Ph as 3, the road will be routed through the north half
of Phase 4. During construction in Phase 4, the oad will be reconstrueted over the top of Phase
3. Even realigning the road for landfill expansi purposes. access to the public via this road
\\'111 be maintained.
2.7 PUBLIC ACCESS RESTRICTIONS
Public access to lands encompassed by this parc I can be restricted per CDOW requirements.
The main period of restriction would be January 15 to May 15 or as otherwise determined by
CDOW.
2.8 FENCING
Fencing needs are generally restricted to temp or ry structures to control blowing litter. Other
more permanent fencing [along the south side 0 Module 1] will be installed on the order of four
[4] feet to control blowing litter. however. it wo lid be seetional. not all inclusive. and would
contain pathways for wildlife to move through. t is planned to construct a new gate and short
sections of chain link fence on each side to cont 01 human access. This gate will be installed
near the fork of the landfill access road and Ute ....reek Industrial Park. Wildlife will be able to
easily move around this structure. The water [Ie chate] holding pond is currently fenced with 8
foot chain link to prevent wildlife and humans fr m accessing the facility. Revegetated areas
may be temporarily fenced to prevent foraging til plant species can become established. There
are no current plans to fence the entire property. f, at some point in the future, perimeter fencing
is required, CDOW requirements, e.g., height les than 42 inches, will be followed.
3.0 EAGLE COUNTY MASTER PLAN4
The Eagle County Master Plan adopted Jan~ , 1996 presents Guiding Policies and
Implementing Actions [see Appendix E] which ve been defined by the community as features
which they most value and the actions necessary 0 insure that these values can be attained.
Guiding Policies are the ends toward which the ounty's planning is directed. Guiding Policy 1
is:
"Protect, maintain and enhance critical
wildlife habitat areas by development is
avoidance is not feasible or conflicts wit
be so located. designed and used that the
species are preserved. These functions
supply or cover, production areas. nestin
travel. "
ldlife habitat areas. Avoidance of critical
e County's preferred approach. When
other County polieies, require development to
ctions the critical habitat serves for each
y include, but are not limited to providing food
or roosting sites or areas for migration and
Implementing Actions are actions intended to ac . eve the guiding policies. Implementing
Actions for Guiding Poliey 1 are:
1. Adopt the Critical Wildlife Habitat M p as the general map which designates the
critical wildlife habitat areas which are t be protected and provides a "red flag" to
landowners that land may be within the ildlife Habitat Protection [WHP] District.
Require applicants to conduct a site spec'fic analysis of their land to identify the species
which use the land, where they are locate . their use patterns and the potential impacts of
development on the critical habitat areas. Cooperate with the Colorado Division of
Wildlife to keep the map updated. in rec gnition of the flui~ dynamic nature of wildlife
and since all species located in Eagle Co ty have not been mapped.
2. Adopt a Wildlife Habit Protection [W ] Overlay Zone District which protects
critical wildlife habitat areas through de lopment standards, mitigation and habitat
enhancement. The areas to be protected y the WHP Overlay Zone District are:
(a) Elk migration routes. producti n areas. severe winter ranges and winter
concentration areas~
(b) Mule deer migration routes. s vere winter ranges, winter concentration areas.
staging areas and winter ranges;
(c) Bighorn sheep migration rout s. production areas and winter concentration
areas:
(d) Bald eagle roost sites, golden agle and peregrine falcon nest sites and sage
grouse production areas;
(e) Lynx occupied habitat; and
(f) Riparian areas.
Elk winter ranges have been excluded fr m the list of areas to be protected at this time.
The purpose of maintaining a map of elk winter ranges is to put landowners on notiee of
the potential presence of wildlife on the' property and to allow the County and CD OW to
monitor whether the extent of these rang s can be maintained without wildlife habitat
protection regulations, or whether such r gulations should be considered at a future date.
3. Support land exchanges which will h ve demonstrated benefits to wildlife habitat
within Eagle County.
IT A TS
3.1 APPLICABLE CRITICAL WILDLIFE
Of the critical wildlife habitats described in Sect on 3.0. not all apply to the landfill property.
The applicable habitats which may be impacted ased upon Mr. Bill Andree's assessment
include mule deer, elk, sage grouse, golden eagl ,and bald eagle. Habitat for bighorn sheep and
lynx is not found on the subject lands. Riparian areas. with the exception of the outflow of the
man-made sedimentation pond, are not known t exist on the subject lands, as well.
3.2 SITE-SPECIFIC MITIGATION CONC PTS
Since the avoidance of wildlife habitat impacts ver the long term by landfill operations and
expansion will be impossible, providing critical wildlife habitat on and around
disturbed/reclaimed areas, and enhancing habita on undisturbed areas will be the focus of the
mitigation plan. Revegetation efforts, compatib e both with wildlife and landfill needs, can
provide. maintain. and enhance the food supply. providing forage for severe winters. Cover for
mammals and birds can be provided by the re-i troduction of trees. plants, and shrubs into
reclaimed areas. Landfilling will not create insu ountable physical barriers; therefore.
development should not interfere with migratio routes of mule deer and elk. Plus. no
7-
restrictive fencing is planned which could comprpmise wildlife movement. Due to the relative
isolation of the site and the fact that human activtty only occurs during daylight hours,
interference with winter concentration and produFtion areas should be limited.
[
I
I
4.0 EXTENT OF DISTURBED AREAS - P~SENT AND FUTURE
i .
The total land area proposed for purchase by E~le County is approximately 730 acres.
Currently two specific areas have been disturbed I through landfill operations; the now closed
[Wolcott] site and the active disposal area, ap>profimately one-half mile north of the closed site.
4.1 CLOSED [WOLCOTT] LANDFILL SIT~
This site, formerly BLM Lease C-248, is appro ately 60 acres in size and was operated from
about 1967 until December, 1990. Upon closur , the final co:ver was revegetated with a BLM
approved seed mixture. This seed mixture has p ovided plant eover for forage and erosion
control, however, improvements could be made 0 enhance plant growth.
4.2 ACTIVE DISPOSAL SITE - PHASE 1
The active disposal site is located upon BLM Le e C-36803. The lease area is approximately
180 acres in size, however, the approved dispos area comprises approximately 60 acres. Most
of this area has been disturbed or is used for anc llary landfill activities, e.g., scrap metal
stockpile, separated wood stockpile, soil stockpi es, or scrap tire storage. Other specific areas of
disturbance include the southern stormwater dr nage channel area, sedimentation pond, and
water [leachate] holding pond. Areas which wil be disturbed include surface water run-on
control features aroWld the perimeter of the landrn footprint.
I
I
!
4.3 FUTURE PHASES
Expansion areas beyond Phase 1 include Phase .3, and 4. Development of Phase 2 should
commence in approximately 10 to 12 years, dep nding upon growth with other sequential phases
coming on line as the need pre~ents itself. Proj cted developable acreage in Phase 2 is
approximately 105 acres; Phase 3, 162 acres; an Phase 4, 141 acres. While the projected long
term design attempts to ma'Ximize land availabil ty and topography, future expansion efforts
may change somewhat after detailed analysis arfi planning. It is likely that buffer areas
surrounding the entire parcel will remain intact. iparticularly on the west side due to topographic
I
reasons.
~8-
BIBLIOQRAPHY
1. Letter from Bill Andree, CDOW District Wildlife Manager-Vail to Alan Kraus, BLM dtd
12/04/98.
2. "Revegetation and Erosion Control Recommepdations for Eagle County Landfill", 10/98.
REVEG Environmental Consulting.
3. Kip R. White, P.E., KRW Consulting. Ina.. lIS/99.
4. "Eagle County MasterPlan" prepared, by Al Richman Planning Services, Aspe~ CO, 1996.
EAGLE!CO
WILDLIFE MITIGATION
LANDFILL
IMPLEMENTATION PLAN
The wildlife mitigation and implementation plan or the subject lands is represepted by the
following commitments to mitigate imp~cts to "ldlife from the proposed development of the
property by current and future landfilling operati ns.
It is the intent of this plan to create a well though out approach to maintain ~d1or enhance the
subject lands for wildlife habitat in the f~ce of c t and future landfill development activities.
The primary goal of this endeavor is to provide d enhance wildlife forage and cover habitat
during and after landfill development Qne of tb key elements of the plan is an experimentation
process using test plots to determine seed. for differing purposes throughout the .
proposed County-owned landfill propert)r. E .. ents' with.grass and forb seed mixtures to
determine viable species, soil enhancem~nt req. ents, when to plant, how to plant, and
irrigation requirements will be initiated. soon possible. Seed mixture experimentation will
contribute insight into the provision of fqrage an cover habitat for wildlife, landfill cap
stabilization, and erosion control for dis$rbed . Another major goal of the plan is to retain
flexibility so that all parties can learn from the p~ cess and improve upon the plan as time
progresses.
1.0 Revegetation.
Revegetation includes planting r~1aimed areas with a seed mixture beneficial to wildlife
and compatible with landfill ope~onal quirem. [on reclaimed slOpes ~S%, grass is
necessary for erosion control Purtx>ses; 0 slopes s; 5%, other seed mixtures could be '
utilized]; enhancing forage in un4istur areas; and introducing where possible trees,
plants. and shrubs onto reclaimed areas fj r forage and coyer.
(a) Seed mixtures. ProvicJing prot .on against soil erosion and providing forage
for wildlife may be accoDllplished y altering the seed mix recommended in the
existing landfill plan. Th~ exis . seed mix optimizes forage value with
palatable forbs [about 60%] and a lower percentage of grasses [about 40%].
Landfill operational proc~dures h as closure of areas once final grades are
reached and disturbed suriface w r run-onlnm-off features will require a seed
mix with a higher percen~e of ses to prevent erosion. However, since areas
of significant size should iremain developed for a number of years, a seed mix
favorable to wildlife will ~ uti!' for these parcels. Therefore, it is .
inappropriate at this time Ito detin a specific seed mix for the entire area: one seed
P 1
mix favorable to wildlife pnd one eed mix favorable to landfilling operational
concerns. Rather, experi$entatio with differing plant species will be undertaken
to determine viable speci~s to me t the varying needs.
To ensure the greatest suqcess of y revege~tion effort a basic understanding of
existing conditions must ~ acco plished prior to any actual work. This would
include soil sampling of o/eas to ere-seeded; type of soil enhancement required
[if any]; and viable seed mixtures .
(i) Soil sampline. Smppl" g of soils to be revegetated will be
accomplished wi~ the ass stance of the Colorado State University
Extension Office., Repres ntative samples will be taken and analyzed.
(ii) Soil enhanceD1~' De ending upon in situ soil conditions and
physical applicati~n acces ability, organic or inorganic fertilizers will be
used as necessary.
(iii) Seed mix. E~perime ting with different seed mixtures will be
necessary to deteqrnne th optimum mix or mixes. Guidance from CSU
and CDOW willtle folIo d to meet this end. CSU designed
experimental test plots . be incorporated to gather further information
on viable plant sppcies. . e a specific experimentation proposal is yet
to be completed, the gene concepts are outlined in an e-mail message
from Ms. Megan pross. rle County CSU Extension Office, to Mr. Roy
Roath, Extension iRange S ecialist and Associate Professor of the CSU
Rangeland Ecosy$tems Sc' ence department and is attached as Appendix H.
The developmentlof.soil endments and seed mixtures favorable to
wildlife and lan~ll opera '0115 is intended to remain flexible over time in
order to attain the: highest rder of revegetative efforts.
(b) Enhancin fora e in distur ed areas. With CDOW consultation and
eoneurrence, open areas ~glades] "n be cut in designated areas in the
pinon/juniper woodlandsjin P 4. The glades will be fairly l~e areas to
prevent over grazing. TI~e glade oils will be amended on an "as needed" basis to
improve nutrient content ,and see ed with a seed mixture beneficial to wildlife.
(c) Introduction of trees. : lants. a d shrubs. Discussed in Section 3, following.
Implementation: Soil sampling; and soil enhaneement will be undertaken prior to or in
conjunction with any reclamatiohlrevege ation activities. Seed mix experimentation will
be an ongoing process and will Clommen e as soon as possible following patent of the'
land to Eagle County.
.Pa e 2
2.0 Soil amendments.
Prior to undertaking any amendnlent pro soils will be sampled and analyzed to
determine soil constituents in ord.er to ch ose the type of amendment product best suited
for the plant species to be enhanckd. Soil . both nadve and reclaimed, will then be
amended as needed to improve n~trient c ntent prior to or in conjunction with seeding.
Bio-solids will be used, depende*t upon olorado Department of Public Health &
Environment approval, where pO$sible. p vided suitability is determined and sufficient
quantities are available. Mineral jfertilize or slow release bio-organic fertilizers will be
utilized where bio-solids cannot Glue to t . or availability. Periodic soil amending in
following years will occur as nutrients al1 depleted by plant growth.
Implementation: Prior to or in cpnjuncti n with any reclamation/revegetation activities.
3.0 Provide for or maintain cover in ~ laimed and undisturbed areas.
In consultation with CDOW, natilve trees, bushes, and shrubs will be re-introduced which
will provide cover for wildlife ~~. which '11 not compromise landfill operations., It may
be possible to transplant trees, b$hes, an shrubs from areas which will be disturbed, to
reclaimed areas. This technique tnay req. a certain amount of experimentation to
I
determine success rates and feasi~ility. I transp)an~ng local tree/plant species proves
inadequate or unsuccessful, coJIUjnerciall availabl~ plants will be utilized. Further.
transplanted tree/bush mounds mjay be' tailed on top of the landfill cap at some future
point during closure activities. 11he exte oftree!shrub/bush introduction will probably
vary from place to place dependQlg upon ompatibility with the type of manm~de
structure. Types of plant species! which y be uti1i7ed include;but are not limited to:
sagebrush, serviceberry, chokecb;erry, m tain mahogany, juniper trees, pinon trees. and
other locally established flora.
Implementation: Depending up~:>n comp etion of the patent process and Y2001 county
budget approval. it may be possi~le to in oduce tree and plant species to the berm areas
on the closed site in the spring 0~2001. I .tially, experimentation with transplanting
trees and sagebrush will be undeitaken new excavation activities commence on the east
side of the active disposal area. fIopefull . transplant success can be ascertained over'the
following summer and, if unsucqessful, c mmercially available plants and trees can be
substituted Any other cover habitat acti ities would occur over time as disturbed areas
are reclaimed and the patent pr04ess is s cessfully completed.
Pa e3
I
I
I
I
I
I
I
I
4.0 Maintain access for public huntingl
There will be no restrictions on public h]ting as long as hunters maintain a safe distance
away from active working areas and acc11s roads.
Implementation: Effective immediately ~pon patent of the land to Eagle County.
I
5.0 Management of the land only for I ndfill/waste handling operations.
The lands being patented to Eagle Count by the United States will be utilized only for
landfilling and/or other waste disposal or aste processing operations. This may include
recycling operations, aggregate recoverY.lscrap tire shredding, wood grinding, etc.
I
i
I
Implementation: Effective immediately ~pon patent of the land to Eagle County.
i
I
I
I
6.0 Maintain current access road for P~bIiC use.
I
The current landfill access road [Eagle C~unty Road 49] shall be maintained for public
use. To facilitate this, a new gate will be I installed approximately one [1] mile up the road
from Highway 131, near the fork to Ute ~reek Industrial Park. The existing lower gate
will remain in place. but will remain ope at all times. The new, upper gate is necessary
to control unauthorized access to the Ian fill.
i
I
Implementation: The new. upper accesslcontrol gate will be installed in year 2000. At
that installation. the lower gate will rematn open. allowing public access.
,
I
I
7.0 Public access restrictions during c~itical wildlife periods.
i
I
Eagle County will follow CDOW gUidal~' e to restrict public access during critical
wildlife periods. generally stated to be fr m January 15 to May 15. If severe weather or
other circumstances dictate a ditferent ti e period. Eagle County will comply with
CDOW rccommendations to address thisinecd.
Implementation: Effective immcdiately!upon patent of the land to Eagle County.
i
Pa~~ -+
,
8.0 Fencing.
No permanent fencing of any length is pl~ed for the expansion areas. In the event
fencing is required, fence height will be limited to 42 inches. Exceptions would be
woven wire fencing or deer/elk-prooffe1ing for small areas of test plots for grass/forb
experimentation. Areas currently fenced lin the active disposal area include 8-foot chain-
link surrounding the water [leachate] hol<jling pond, short sections of chain-link fence
associated with the access gates, and litter fencing along the southern boundary of
Module 1. The litter fence for Module 1 has gaps for wildlife movement and is not all
I
inclusive. Temporary litter fencing will ~e utilized from time-to-time around active
disposal areas to control blowing litter.
Implementation: The access gate fencin~ will be installed in year 2000. Any other
fencing. e.g., test plots, would be installe~ after patent of the land to Eagle County.
Temporary litter fencing will be installed on an as needed basis.
9.0 Off-Road Vehicle lORY] restrictiOjns.
ORV use of the lands to be patented to Eagle County will be completely restricted. BLM
has designated an area west of Highway ~ 31 for this recreational use. Methods to achieve
this restriction include: posting signage; ~ooperative efforts with local ORV organizations
and BLM recreation staff; blocking off etisting trails with dead trees, large boulders. etc.;
utilizing local law enforcement.
Implementation: As soon as possible after patent of the land to Eagle County.
10.0 Funding commitments.
While any funding for wildlife mitigatiOlji efforts through the Eagle County Landfill
Enterprise Fund and. in turn, through thei Eagle County budgetary process. is subject to
approval by the Eagle Board of County Commissioners, the following commitments are
noted:
Year 2000: Current balance of AFcount 600-6300-9100-0000-2300 [Land] is
approximately $103.000. It is anticipated that a portion of these funds will be
expended in berm construction o~ the closed landfill site along the south side of
the access road. It may be too latie in the year to accomplish any treelbush/shrub
plantings.
PT5
Year 2001: Revegetation: costs fo berms constructed in Y2000 budgeted for
Spending Plan Level 2 intlude:
Seed - $32,000
Introduced trees [pinon & uniper] - $16,500
Introduced bushe$ & shru s [mountain mahogany, chokecherry,
serviceberry] - $3, 00
Implementation: Upon approval of the dgeted funds by the Eagle Board of County
Commissioners. During the bud$et p'roc ss of each following year, wildlife mitigation
needs will be evaluated and reasQnably a dressed as necessary. Since the plan is to
remain flexible over time with e~perimen tion to determine best results, needs should
vary from year to year.
Pa 'e (,
APPEN ICES
Appendix A - Legal description & map
Appendix B - Conceptual Long-Range Plan M p
Appendix C - Letter from Bill Andree
Appendix D - Bio-solids re~lation rewew ~
Appendix E - Tree mound detail drawing
Appendix F - Grass/forb seed mix
Appendix G - Other appropriate gr8sslforb sp cies
Appendix H - E-mail message from.M~an Gr ss to Roy Roath
APPENDIX A
LEGAL DE eRIPTION
OF DS
PROPOSEDF RPATENT
T
EAGLE OUNTY
Meridian
Range 83 West
f Eagle
olorado
Sixth Princi
Township 4 Sou
County
State of
Section 2: E~SW~SWY4; SWY4 W~SWY4; SEY4SWY4; S~SW~
Seetion 10: EY:zNEY4; E~$WY4NEV4; E~SEY4SWY4; SWY4
Section 11: NY:zN~; SW~NWY4;
WY:zNWY4NE!4SW~;
WY2SEY4NWy,.SW~;
~SEY4NWY4; W~E~SEY4NWY4;
Y4NWY4SWY4; W~W~SWY4;
YzE~SWY4SWY4
aggregati~g 730 a res. more or less
-,
APPE
Conceptual Long-ange Plan Map
Appendix C
STATE OF CQLQRADO
Roy Romer. Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
"'" ~ QPPOJUUNlrv wPloOYER
JcI'1n W, ~ Dll'ec1CI'
6060 a,aaaway
Denver. CQh:radO 802i6
Telepnone: (303) 297"'92
Decenaber 4, 19 8
n.l.,..l~.
A1TN: Alan Kraus
Grand Jet, CO. 81505
pear AJaD.,
The Colorado DivisioI1 ofWiJdJifi: (CDOW) has ~ewed
BLM lands to Eagle County for Imdti1I expaDSiou. ;1be
recnwmmdaUODS. The CDOW co......4fttS are c&r$ed
the number of acres 10 be sold.
I
The impacts &om the sale oithe Janel to Eagle Co~ are d~M by fiame --a~ oft\e
property than by the sale itself If the property is...sed only a Iaad&II aad compIetal ceDs are properly
revegetated wilh plant species that favor wildlife *ere be Jitde direct impact to wiIdJi&. If the laud is
Dot cmly for a laDd61l but iDcludesbuildiDgs for h~ _ WOJks &~tkesthm 1heimpact woukl be
umdl gr=w:r. In previous ~,c;s;~ with the BliM and Countythcre has Dcaa no ~__ em
usiag the me for anything other 1han a ..&It ,..' . . 8 co....aadS and u':I:~".,;~ wiD ..~ that
there will be 110 other use oCthe site than for laDd$l If. uses are pmposcd than tbr:y wau1d need to
provide more detailed information on sw:h uses -.d the I forthcse uses.
maps yousrm tepa&! the pmposecl sale of
Whasthe fbUawiD& ~c ami
the 5ero1'd map you SI:IIt with a n:duc:tian in
The laud smroundiDg the Jandfi1l provides wimer _ for
pattia11isl of species 1hat use the habitat year ro1lllcl or s
coyotes, golden eagles, fox, badgers. JDOUDII.in ~
Mule Deer . WmtCf range, Walter Concentrafjion arc:a, ere winla'TlDge. Critical habitat.
. g the sile. 1'haI. is not possible since the entire
provide you with mm~s &am lip aDd. sex:
sim:e 110 COUIIISpmvide for 1000/0 GOVerage.
me bow if you thiDk. they wau1d be beneficial to
Your leeter :lSk.ed if we eouJd prm;de DUmbers O~AIln,.,nl4t
mmnmding basin (Ute Creek) is all winter bab_ We
ratios done in the bam. However these COuntS . ..
Also these counts are fOt'that ODe point in time. !Please 1
your process.
The CDOW bas Inal'ped the fonowing habitat for the
Grand Jc:t office if they 'would be helpful for the $a1ysis.
You caD obtaiD maps for the area &om our
!
I
I
DEPARTMENT OF NATURAL ~E~CURCES. ames S. Lochhead. EaeCUIM! DirectOr
N1I.CLIFE GOMMISSIOtI AmalO Salazar. Cl~u . Rebe L. Frank. 'lice ChaIr . Mane LaVanay. Secnn3ry
LoUiS F Swtlt M~moer . Ber ara L. Slack. Memos,
ChllCll I i!Wl~. M&mDer . .Jot\n SIU\Jl. ml:lar. Jamas R. LonCJ. Mllml:lar
Eagle County Landfill
CDOW Andree
Page2 of 4
120498
EJk: The cum:Dt maps do not show elk. wi$er use in the 1mdfiI1 area. The maps are due to be
updat~ The updated maps win show elk winter rang~ in the area ami the Ute Creek basin.wiIl have
some wiater concentmion areas. This level ofuse ha$ ollly eaed in the last 5 years. 0Dg0iDg elk
I..I~ smdies have shown some elk that ac=c:aJly ~ of the IaDdfiIlhavc bcaa ~~ to the
Ute Creek basin to wimer. The winter age ad sex cdumsesb dDs dotMl"
Sage Grouse: The overall r.mge of sage grouse and lwimer
Golden Eagle: Wmter romge, hunting area. There are nests to e north of tho Jandlill about mile 4 on hiway
131.
Bald Eagle: Wmter bunting area.
The fonowing are some of the possible impacts.
Loss oewinter range faT all species;
The CDOW would be ccmc:cmed with the loss of wilner rang fur any of these species. However if the
~llIIimed are3S of me landfiD are revegewed and mfuged wildlife wimer l1abBat there woukl be ~I
impa~ Wnh most impacts being tempmaty until . wmk is complemd. It is possible wid1 ptDpeT
revegetatio!\ to actual inaease the amouut offorag~ available most species..
Conversion of cover habitat to ~ open
Additional revegetation wUh some vegetation that ~rovides may be J1eC~~'Y to ftftt\ptl!! tor tho los$ of
cover. This could be done along the edge but wo~ also . some cover ill the more open mas. Since
the iDJpact of root growth on the 1andfiJl cap is a tOJicem . may require developing ndsed areas wilhroek
liners for the planting of cover type VegetaUOD. Soke cover' em be reached by providiDg
topography reliet:
Loss of public huming and access~
Loss of public hum:iDg would be a coucem in that , would p ~de additicma1 areas. ofre&ge where. .... it.is not
pOSSIble to r~ch the necessary le\'Cl ofharves. ne COO would roques thai there be Iimileclhunring
available in areas that are not activity be worked. jrhe loss f public access am be both posicivc aud negative
for wildtife. Currently there is heavy use of this ar~ by mo rc:ycles if the area is dosecl when: will this use
move to. Will the move be posirive or negative 0' wildlife levels in that area. l\esuiCled use dQring
criti~ periods would be beneficial for wildlife.
Eagle CoUDty Landfill
page3 of 4
Cllftftlllltive impacts.
The ~!"Im' impacts from the sale oCtile land to EagI~ CoUllty
However the cumn1lltive impactS of an the proposed ~d use es ill thcSUlI01llldiDg basiD (1Jte
CICek) wm have a mac:h greaser impact. The scale o~these . &as require ,.,MI!!"" -prinn be obtained
for my public lauds that are sold or exclmagetL
The SImOU1ldiDg laud use changes that are beiDg COl''$iQerer1 iD
private land to the east and l10nh (Ute Creek aDd Ca4he C
cabins 011 me DelIver Wraer Board parcel.
WolcoU~ dr:ve1op...~t of1he
aad the in~ iIllCClCalim JcveIs mdwtiag
The future oIthe Wolcott Reservoir is unknown. ~1ast
reservoir was snl1 on their project list. Then: was noiiafO
The private lands oCUte Creek ami Cache Cscck * bcaI
400 to 600 UDits 81ld possibly a golf' course. One Id~C)Il2l
seamd road access through BLM lands, up Ute Cref=k to
have major negative impaas 011 wild1ifc ill the Ute qrcek
sipiiicmtly increase the negative in,pac:ts OIl ~
with the DWB pnMded cm1y that the
. OIl whal if evcrit would be builL
1. Reveget3te reclaimed sites with a seed ~ benefi' to wi1d1ife. .
2. Use shuige to improve the quality of the fl".lclll~ soils d sptead on UD~~ ueas to improve the
soils.
3. Provide for or maintain cover (security and ~g) in and UIP~ areas..
4. Maintain some access for public hunting to pri:ve:m the elopment of teiUgia areas.
5. The management of the l3Dd sold. be only fodandfi1l 0 c:rmODS not for housing and/or uminten'''te
faciiiries.
6. Mamt:lin the current :access road for pubiic ~ iaem . g any fiJwre subdivisions in the SUIJ'Ouudiag
private 1.:mds.
7. Restrict public access and activiries during cnpcal wil periods (Jan15 to May IS).
8. Fencing should only be for ceDs that are c~dy act' . Any other fencing should be less than 42" high.
Dig _dop~ &cr.....inn. ~'d~g
. has been theoptioll of~8 a
the devdopm=t. Sur.h a ~ wo~
. The lldd~ of3llathc:r access mad would
The DWB parcel is cuaently leased to the 4 Eagle ~ ill. . with them they an: ~"g
putting c:abias and increased levels of rec:eation OIl J:bis P DepeDdiDg QD dte - ofJCll'~ these
activities could have <i!"ifi~ nepdve impact an ~
The.cnnm1lltive impacts only show the impOttallce ~fthe
of the lands to Eagle Coumy comam sufIiciem nftt;pOD to
wildlife impaas md possmly even some positive mwaas for
laadsto wi1d1ife. As s&aIeIl above if'the s:de
tea wilcl1iCe values then: would be rnin1m:41
dli&:.
The fonowing mitigations would result in mm;noml ~egative .
benefits to wildlife over the current conditions.
adS to wildlife and could provide posiUve
Eagle Coumy J .:mdfiTI
crow Andree
Page4 of 4
120498
Alan if you have any qttestions please fce1,free to coD(act me at 926-1424. 1 will be out of the oflic:c aD next
week but should be back in the foBowiDg week ailer Wain' .
Sincerely,
~JJ ~1dLLc
Bill Andree
District Wildlife MaDagt:r- Vail
Appendix D
B. SOIL AMENDMENTS:
Soil amendments are necessary in nutriet;lt depri soils and beneficial in soils with low
nutrient content. Soils can be amended ing available raw organic materials,
conventional mineral fertilizers or engineered slo -release organic fertilizers.
1. Biosolid.s:
Animal waste products as well as Class A bioso . d wastes that meet minimum pollutant
concentrations are acceptable organic fertilize . Organic wastes are cost effective
nutrient amendments if locally availabl~abun 1. Application of biosolid waste does
have several guidelines (reference: mC$orand 7120/98). The following guidelines
apply as required by the Colorado Deparunent 0 Public Health and Environment:
. Biosolids meet minimum of Grade Il poll t levels. Grade IT is the same as levels
proposed in 40 CFR 503.13.
. Biosolids are certified as Class A and. meet c A pathogen requirements (40 CFR
503.32), as defined in CR 64.12 (B).
. Polychlorinated biphenyls (PCBs) in Biosoli are less than 50 mgIkg ~ dry weight
. Alpha activity in Biosolids is less th4n 40 pi ocurieslgram - dry weight
. No adverse affect to threatened or endange species ~ Biosolid application.
. Biosolids have met at least one vectc)r on reduction requirement (503.33).
. The annual application rate (AAR) i$ not to xceed the determined agronomic rate for
nitrogen required to meet vegetation needs.
. If Grade I metal concentrations are not met, en cumulative pollutant loading limit
restrictions apply.
. Several restriction apply if application site is near surface water.
. Restriction apply to biosolid applica,tion on lopes greater than 5%.
. Reclamation site must have at minimum twe ve inches of suitable soil.
. Site soil fertility must be analyzed prior to plication according to CR No. 64.
a. Monitoring: Soil analysis of metal poll
once every five years thereafter plus other
authority.
ts shall occur' prior to application and
ysis as determined by the permitting
Following application of biosolids, tnonito. g, record keeping, and reporting are
required.
b. Record Keeping: Record keeping entails cquiring and maintaining required
information for up to 5 years. The perspn who pplies the sewage sludge shall retain the
following information for class A sewage sludg within pollutant limits and meeting a
vector attraction reduction requirement. This li t compiles both EP A and State of
Colorado requirements.
. C~rtification Statement: from preparer ofbi solids regarding pathogen compliance.
t:.
· A description of how the vector attraction re uction requirements are met by
preparer.
· A description of how the vector attraction r uction requirements are met by applier
(503.33 b (9) or b (10)).
~ B (9): Sewage sludge shall be injected be ow the surface.
~ B (10): Sewage sludge shall be incorpo ed into the soil within six homs of
application.
. Reporting:
. Report any required soil analysis.
. Report any required monitoring.
. T ota! amounts of biosolid application plus a
Analyticals of all biosolid samples recc:ived
metal pollutant levels for land application.
polychlorinated biphenyls and alpha activity.
Attention must also be given to the amount of
nitrogen application rate. Annual application
of domestic septage is not to exceed the dete
to meet vegetation needs.
reviewed by REVEG have acceptable
Still required for analysis/review are
'trogen in the biosollds and the desired
(AAR in gallonslacrel36S day period)
ed agronomic rate for nitrogen required
AAR= N/0.0026. N=lbs. Ni genlacre/36S day period.
If to meet revegetation goals, the req1ijred am unt of nitrogen fertilizer is 40 IbsJacre,
then AAR=40/0.0026= 15385 gallonsiacrely . That translates to approximately 88
cubic yards dry biosolids/acre.
2. Mineral Fertilizers:
Conventional mineral fertilizers are most c only used due to relatively simple
procurement and application procedures as ell as costs. Mineral fertilizers often
promote rapid growth of weedy annual spec. s and leach out of the soil before the
desirable species can utilize the added nutrients Comparatively, slow release bio-organic
fenilizer release nutrients at a slow~r rate d over a longer period thus favoring
establishment of desirable species. If nu.neral fl . izers are ~ nitrogen should only be
applied at 30 to 40 IbsJacre the first year. It pplication of fertilizer is beneficial the
second year.
3. Slow Release Bio-organic fertilizers:
If a slow released bio-organic fertilizer is des ed, 'Biosor (or an approved equivalent
bio-organic fenilizer) is recommend tlj) promo biological activity in nutrient deprived'
soils. Biosol has a slow, uniform release ntte for longer sustainable site fertility. The '
recommended application rate of a pio-org 'c fertilizer" is 1800 IbsJacre. REVEG
recommends also applying granular '~enefee' hwnate (from Sundine Enterprises, Inc.)
or an approved equivalent at 1000 Ib$.Iacre. Granular humate provides a rich carbon
APPE
NOTES:
1. Mounds may be configured as berms fe,
or as a single mound for IndividuoJ plm i
2. Trees shall be transplanted in accordan~:
recommendations. .
3. Trees shall be irrigated as necessary foli
4. Mound height shan be sufficient for. miq i
the bottom of the root ball and the P11
5. Mounds shall be configured to cause ml'
the landfill cap. .
6. FIve liner to provide protection of landfi
and root penetratration.
5~ min.
MC'J 10. 1996
O.5-:ft top$oil
1-ft rooting zone
1.5-ft banier layer
O.S-ft foundation. $Oil
~
...
..: 8
~4 ;
/~ S
S :
I~
It
a
a.
<
o
...J
...J
i:i:
o
z
<
...J
::l ~
Ci: z
o 8
z
2 !
I-
Z
5 ~
u CI
~ ~
.... ~
o f1:;
~ g:
is
~
...J
;5
~
Q
o
Z
::)
o
2
LaJ
I.aJ
0::
'"""
FIGURE
1
ICRW KRW
ICRW
Appendix F
The following native/introduced mix is an example of appropriate species at seeding rates
appropriate for landfill reclamation as well as m~eting rapid revegetation goals.
Species
Variety
Percent in
MiXture
15
15
15
15
10
10
5
5
5
2
Drilled Rate
Lbs. PLS/acre
3
3
3
3
2
2
1
2
2
.5
Pubescent Wheatgrass
Western Wheatgrass *
Thickspike Wheatgrass *
Bluebunch Wheatgrass *
Crested Wheatgrass
Russian Wildrye
Tall Wheatgrass
Small Burnet
Cicer Milkvetch
Prostrate Summer Cypress
T opar
Rosanna
Critana
Secar
Hycrest
Boziosky
Orbit
Delar
Monarch
Immigrant
Italics indicate REVEG additiOn/change.
· indicates native
TOTAL 21.5
Comparing the original seed mix with the revis~d example shows the recommended shift
towards more grasses and while maintaining fQtbs species for their forage value. Other
appropriate species are provided below as a resource for future reclamation projects and
or seed mix revisions.
% Contribution to Seed
Mix
Ongmal recommended seed mix
favoring forb species.
Revised % Contribution to
Seed Mix
grass
40%
Alternative seed mix favoring
grass species.
Apptmiix G
Appropriate Reclamation Species for the Ea!!~e Countv Landfill Environment:
Native Grass:
Bluebunch Wheatgrass
Blue Gramma
Needle & lbread Grass
Prairie Junegrass
Sandberg Bluegrass
Slender Wheatgrass 'Pryor'
Streambank Wheatgrass
Thickspike Wheatgrass
Western Wheatgrass
Native Forbs:
American Sweetvetch
ArrowleafBalsamroot
Eaton Penstemon
Hooker's Balsam Root
Lewis Flax
Louisiana Sage
Rocky Mountain Penstemon
Showy Golden Eye
Sweet Vetch
Yarrow
Agropyron spicata
Boutaloua gracilis
S/ipa comata
Koeleria cristata
Poa secunda
Agropyron trachycaulus
Elymus lanceo/atus ssp. Riparium
.
E/ymus lanceo/atus
Agropyron smithii
Native Shrubs: (Shrubs are deep rooted and use on the disturbed landfill periphery).
4-wing Saltbrush fpIa Cll1lescens
Aromatic Swuac aromatica Val'. triIobata
Green Ephedra edra viridis
Rubber Rabbitbrush C 'Sothamnus nauseosus
Viscid Rabbitbrush C rysothamnus viscidiflorus
Wyoming Sagebrush A emisia tridentala VaI'. wyomingensis
Non-natives (domesticated) Grass
Crested Wheatgrass
Intermediate Wheatgrass 'Tegmar'
Manunoth Wilclrye
Pubescent Wheatgrass
opyron cristatum
opyron intermedium
mus giganteus
opyron intermedium spp. Barbulara
Annual/Semi-Perennial Plant Material for "Te porary Seedlings"
Grass: 'Regreen' 11 iticum elongarus
\\ neat 11 iticum aestivum
Cereal Rye Scale cereale
Forbs: Hairy Vetch V, cia vi/losa
"Augmentation with an annual nurse crop i recommended at 10 Ibs. PLS"
:.:1 r\csmc - I..Cina;.li prOjcct
-- -.....-
Page-~ -
Appendix H
Subject
Landfill project
Date:
Fri. 08 Sep 200011:38:36 -0600
From:
Megan Gross <marosstalcooD.extcolostate.edu>
To:
rovr@cnr.colostate.edu
Hi, Roy -
Megan from Eagle County R~ the revegetation of the
Landfill. Since I last spoke with you over the phone, I h e had a
meeting with Bill Andre (D.O.W.), Ron Rasnic (Landfill upervisor) and
Brad Higgins (Eagle County Road and Bridge) to discu the project in a
bit more detail.
While the entire area encompases approximately 260 , we would like
to focus on reseeding the 60 acres that sit above a cap IandfiD for
this year. This area is quite flat and is currently do' eel bysom.e
sort of bunch wheat grass. The 60 acres is bordered a two lane road
on one side; other than that it is surrounded by a jun' ipinon plant
community; the area is rectangular in shape. There plans for berms
to be built between the reveg area and the road to pro de a habitat
screen. Other berms will probably be added within the reveg area to
create additional wildlife shelter. These berms will be lanted with
trees and shrubs after grasses are established.
The reason the group has requested my assistance ( d I am requesting
yours) is because they/we would like to make a demon tion out of the
project Specifically, we would like to demonstrate the
performance/visual appearance of different seed mixe AND demonstrate
the performance of these different seed mixes with difti t soil
amendments (especially the two types of sludge-comp t from our local
sanitation district and a few different animal manures: orse
definitely I but perhaps llama and sheep as well). We uld also play
around with irrigation applications.
Our expectations of the seed mixes are the following:
The mix should provide forage and cover habitat for wi dlife
The mix should provide landfill cap stabilization and er sion control (I
imagine all mixes we select would do this)
So, what I'm hoping you can provide is six different g ss mixes to suit
,the above criteria. Each grass mix will be seeded on 1 acres; the 10
acres will then be split in 5 different 2-acre soil amend ent
applications. The total number of demonstration plots. therefore. will
.- ~.
:>11 Rasnlc - Landfill project
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be 30 and each demonstration plot will be 2 acres in s'
Now, I just came up with that Please comment if you , any fault in
that idea, or anything else involved in this project.
OH, the grasses already on site: I suggested we have ur county weed
guy knock them all down with Round-up this fall. I'm n t sure how to go
about amending the soil without stirring up weeds; perh ps you have
thoughts on that Also - would you say a drop-seeder i the best way to
sow the seed?
THANKS SOOO MUCH ROY FOR YOUR INPUT!. I L OK FORWARD TO TAlKING TO YOU
AND I HOPE TO MEET YOU AT FORUM THIS YEAR!
Megan Gross
Eagle County Extension Agent