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HomeMy WebLinkAboutR19-012 Approval Special Use Permit Tower Pit Gravel Mining Operation ZS-7783 ti • Eagle County, Co 201903330 Regina O'Brien 03/12/2019 Pgs: 65 05:00:17 PM REC: $0.00 DOC: $0.00 BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO. 2019- O I z RESOLUTION APPROVING THE SPECIAL USE PERMIT FOR TOWER PIT GRAVEL MINING OPERATION FILE NO. ZS-7783 WHEREAS, on or about June 13, 2018, the County of Eagle, State of Colorado, accepted for filing an application (Eagle County File No.ZS-7705) submitted by Eagle Rocks Aggregate (hereinafter the "Applicant") seeking approval of a Special Use Permit for the operation of a gravel mine, to include production of asphalt and concrete, known as the Tower Pit Gravel Mine on 36.7 acres zoned "Industrial" in unincorporated Eagle County, located east of the Town of Gypsum, south of Highway 6 and north of the Eagle County Regional Airport(the "Special Use"), also known as Assessor's Parcel No. APN 2111-032-00-002 (the "Property"). The permit is valid for a 14 year period of operations to include reclamation; and, WHEREAS, notice of the requested Special Use was mailed to all owners of property located within and adjacent to the subject Property and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Eagle County Planning Commission (hereinafter the"Planning Commission") and the Board of County Commissioners of the County of Eagle (hereinafter the"Board") as required by Section 5-210.E, Eagle County Land Use Regulations (hereinafter"ECLURs")—Notice of Public Hearings; and, WHEREAS, at a public hearing held on December 5, 2018 the Planning Commission, based upon its findings, voted to recommend approval of the Special Use Permit, with conditions; and, WHEREAS, at a regular meeting held on January 29, 2019 the Board considered the proposed Special Use Permit, the statements and concerns of the Applicant, the Eagle County Planning Department, other interested persons and the recommendation of the Planning Commission and voted unanimously to approve the Special Use Permit with the conditions listed herein, WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, as well as comments of the Eagle County Community Development Department, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board found as follows: 1. That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. • • 2. That pursuant to ECLURs Section 5-250.B.-Special Uses for the review of a Special Use Permit, all standards required for Special Use have been met. Those standards are: 1. Consistent with the Comprehensive Plan. The proposed Special Use is in substantial conformance with the Comprehensive Plan as the project will make use of a valuable natural resource while appropriately mitigating negative social, cultural and environmental impacts. 2. Compatibility. The proposed Special Use, as conditioned, is generally compatible with the existing and currently permissible future uses of adjacent land and other substantially impacted land, services, or infrastructure improvements. 3. Zone District Standards. All commercial and industrial performance standards will be met and no variances from these standards have been requested or granted. 4. Design Minimizes Adverse Impact. The project will be required to comply at all times with the Mining Operations Plan which defines mitigation and enforcement for dust, noise, vibration, and visual impacts. 5. Design Minimizes Environmental Impact. The application demonstrates that the proposed use will minimize potential environmental impacts as conditioned based on 1)the overall design of the use; 2)the scale, and 3)the location of the use relative to surrounding existing and future uses. 6. Impact on Public Facilities. The proposal meets this standard with the construction by the Applicant of the recommended improvements from the Town of Gypsum through the Highway 6 access permit. 7. Site Development Standards. The Project as proposed adheres to appropriate (applicable) standards from Article 4. Specifically, parking and loading areas for infrequent deliveries can be provided for on-site; landscaping is provided;no signage is proposed; natural resource protection standards have been considered. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit described herein is hereby approved, subject to the following conditions, and that violation of any conditions shall be the basis for revocation of the Special Use Permit: 2 1. Except as otherwise modified by this development permit, all material representations made by the Applicant(in this application and in public meeting) shall be adhered to and considered conditions of approval. 2. Upon written request during the term of this Special Use, extensions to the 14 year time limit on the length of the Special Use Permit may be approved by resolution of the Board of County Commissioners following a public hearing and upon a review of the status and conditions of the Special Use, and based on a finding by County staff that the Special Use complies with all conditions the Special Use and the ECLURs. Any such extension shall serve as an amendment to the Special Use Permit. 3. Prior to commencement of operations of this Special Use Permit,the Applicant shall obtain an Access Approval from the Town of Gypsum as the jurisdictional regulatory agent for Highway 6 along the property boundary and complete all required improvements. 4. The Applicant shall work with the Town of Gypsum to provide a bypass during planned safety improvements to Highway 6. 5. The Applicant shall provide the County with an annual compliance review documenting conformance with the Special Use Permit terms and the Mining Operation Plan, attached hereto as Exhibit A. 6. If at any time the Planning Director determines, pursuant to the ECLURs and the approved Special Use Permit, that the Special Use is causing or may cause urgent health or safety concerns or issues impacting Highway 6, the Eagle County Regional Airport or adjacent properties,the County may require a hearing in accordance with the ECLURs for review, suspension or revocation of the Special Use Permit. 7. The Applicant shall at all times adhere to the Mining Operations Plan included with the application and attached hereto as Exhibit A. 8. Prior to commencement of operations of this Special Use Permit,the Applicant shall obtain all other required local, state and federal permits. A copy of any such permits will be provided to the County upon request. 9. Upon written request during the term of this Special Use Permit, minor deviations pursuant to ECLURs, including the relocation of infrastructure and equipment within the permit boundaries of the site may be administratively approved by the Planning Director or assigns. Any such deviation shall serve as an amendment to the Special Use Permit. 3 • THAT, the Board directs the Planning Department to provide a copy of this Resolution to the Applicant. THAT,the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, by and through its Chair the 1 v day of IMW-if&4l. , 2019, nunc pro tunc to the 29th day of January 2019. COUNTY OF EAGLE, STATE OF ,40sLe 00% COLORADO, By and Through Its w i 's OARD OF COUNTY COMMISSIONERS ATTEST: 'rye Y} YIPS �` cp Loo c' :Y ti"'I • I _A - L 4 Clerk to the Board of grc_Quee Fy Commissioners I County �, . / 1114 ' 4 Kathy Ch., dler-Henry Commissioner Commissioner CA-P"J O IL41.-- "*'c`ohded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney aye Commissioner Chandler-Henry aye This resolution passed by a unanimous vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 4 EXHIBIT A Mining Operations Plan 5 MINING OPERATIONS PLAN Tower Pit Greg Ixwuki and Assnciatus,P1.1.< February 2019 Table of Contents OPERATION INFORMATION 1 MINING PLAN 3 IMPACT MANAGEMENT PLAN 7 RECLAMATION PLAN 17 PERMIT COMPLIANCE PLAN 22 APPENDIX 1 -MAPS 23 Tower Pit February 2019 Y:reit Lewicki and Associates,PLLC OPERATION INFORMATION This operations plan is designed to show how the Tower Pit will function in accordance and alignment with the Eagle County Land Use Regulation("ECLUR") Section 4. 1. Maps All maps referred to in this operations plan can be found in Appendix 1. 2. Facility Management The facility manager listed in this section("Facility Manager")will maintain up to date contact information with Eagle County Environmental Health,High-Altitude Army National Guard Aviation Training Site("HAATS") and the Eagle County Regional Airport, and the Colorado Division of Reclamation, Mining, and Safety. Any change in facility manager information will be provided to Eagle County and the area neighbors within 30 days of the change. Implementation of this plan will be the responsibility of the facility manager. Eagle County representatives may inspect the operations of the Tower Pit at any time. This operations plan is critical to the Eagle County Special Use Permit for the land upon which the Tower Pit is located (the "Special Use Permit"). Therefore, said plan runs with the Special Use Permit and the pit; any operator of the Tower Pit is bound to the terms, controls, and best management practices outlined in this plan. The Facility Manager, or their designated senior on-site person, is the responsible party to address incidents that may occur at the Tower Pit. The Facility Manager will address the immediate concern, document the incident, and report its details to the Stakeholder Group. Specific categories of incidents are addressed in this operations plan as needed. 3. Reporting Eagle County will be provided with an Annual Compliance Report demonstrating conformance with all mitigation and controls outlined in this plan, and required by other permits, by August 5th of each year, commencing in 2019. This report will also contain all information provided to Tower Pit 1 Greg I.cwicki and Asracia(es,PI.I.(' February 2019 the Colorado Division of Reclamation, Mining, and Safety as part of annual reporting for the previous year. In the event that any issues or complaints are received by the pit, the Facility Manager will share those issues or complaints with a stakeholder group consisting of representatives of HAATS and the Eagle County Regional Airport(Aviation Director or his designee),the operator,the landowner, and an Eagle County Code Enforcement Officer("Stakeholder Group")within twenty-four hours of the occurrence of the issue or receipt of the complaint. 4. Revisions or Modifications to this Plan Modifications or revisions of the mining operations plan described herein may be undertaken by the landowner or operator of the Tower Pit. Such revisions must be submitted to the Eagle County Department of Community Development. The Director of Community Development for Eagle County will then determine if the proposed revision is minor or major.Minor modifications will be reviewed by Eagle County staff and approved by the Community Development Director if determined to be allowed within the scope of the approved Special Use Permit. Major modifications will be reviewed within 90 days of submittal to Eagle County. Following the 90 day review period, a major modification will be scheduled before the Eagle County Board of County Commissioners for approval or denial in accordance with the standards for approval of a special use permit as set forth in the Eagle County Land Use Regulations ("ECLURs"). Any approved modifications shall serve as an amendment to the Special Use Permit. Tower Pit 2 X cnx ixwicl,i and Assaciales. February 2019 MINING PLAN 1. General Mining Plan Access to the mining area will be from the improved access off of US-6. The permit area will be staked prior to any site disturbance. Map C-2 shows the configuration of the site during mining. Map C-2 also shows the configuration of the fully mined out pit as well as the location of the processing plants, stockpiles and office/shop area. Processing of material will involve crushing and screening at a minimum. Crushing and screening will take place near to the active mining highwall, with a loader directly feeding the crusher/screen. Crushed and screened material is then transported to the facilities area near the site entrance.Portions of this material are further processed to produce higher value products such as washed rock, asphalt, or concrete. All products that are not directly loaded into equipment for off-site delivery will be stored in stockpiles in this facilities area. The mining will be done contemporaneously with the reclamation. This means that as areas are mined out completely,they will be graded to the final condition,and then topsoiled and revegetated according to the reclamation plan. Initially,topsoil will be stripped from an area of approximately 10 acres in order to create the location for initial facilities and mining. The depth of mining will be roughly 60 feet. It will be mined in two roughly 30 foot passes. The first pass will begin with the development of the facilities area. Once roughly 10 acres of ground have been mined down 30 feet, a second mining pass will begin from the entrance of the site. The net effect of this method of mining is that the topography of the site will lower twice. Mining will be conducted with loaders, hoes, dozers, and off-highway haul trucks. Dozers or scrapers will strip topsoil from an area in advance of mining. Loaders and hoes will then excavate material directly into either crushing plant or into haul trucks. No blasting will take place at the Tower Pit. No refuse, acid or toxic producing materials are expected to be encountered in this operation. If these materials are encountered, topsoil will be placed over the area and mining will move to a different area. Tower Pit 3 Greg l.cw"acki and Associates,PI I C February 2019 The pit may accept concrete and asphalt materials that have been removed from existing sites in order that they can be recycled for use. Fill material may also be accepted into the mine site. Fill material will be spread out on the mined-out pit floor and will be blended into the final landscape. Some material may also be re-sold as construction material.None of this material can be accepted by the Operator unless the deliverer provides a certification that is inert. 2. Equipment The following equipment is anticipated to be used onsite.Additional related equipment may be brought onsite if needed. • Front-end loaders • Bulldozers • Scrapers • Haul trucks (off highway) • Crusher and screener • Stacking conveyors • Office trailer • Truck scale and scale house • Asphalt plant • Concrete batch plant • Wash plant No permanent structures will be built within the mining area.The control rooms, scale house, truck scales and plants will be portable, although the scale will have a concrete foundation. Maintenance vehicles will visit the site regularly to provide oil, grease, and perform other minor maintenance on vehicles and equipment.Any major repair work required will be performed off site. Tower Pit 4 X (:reg I.cwicki and Associates,Pi,I.(' February 2019 3. Topsoil and Overburden Handling Topsoil will be salvaged from all mining areas. The expected topsoil thickness is 6 to 12 inches. Topsoil stripped in the early days of the operation will be stockpiled in the initial facilities area in stockpiles to preserve for later use in reclamation.Topsoil that is stockpiled for mpre than 90 days will be seeded within 14 days of placement. During most of the mine life,topsoil that is stripped will be directly placed on final grade areas that area ready for reclamation. Since not all of the site will be revegetated(see Reclamation Plan),there will be excess topsoil onsite for reclamation.No topsoil import will be necessary to achieve successful reclamation. Overburden will be directly placed in reclamation areas as backfill to achieve the post mine topography or will be stored in a temporary stockpile on the western end of the operation. It is anticipated that roughly two to six feet of overburden will be stripped from the site, depending on location.The overburden stockpile that will be in place for more than 90 days will be seeded within 14 days of placement to prevent erosion. 3.1 Storage Non-product material will be stored either within the facilities area or within the active mining pit. All stockpiles of non-product material will be seeded with the rangeland seed mix(see Reclamation Plan)that is to be used in reclamation. Stabilization will occur for any stockpile that will be undisturbed for more than 90 days. These stockpiles will be stabilized within seven days. Any stockpiles that see activity within 90 days will be watered on the same daily schedule as other disturbed ground onsite. Stockpiles of non-product material will be graded to have slopes of 2H:1V or less. For example, the overburden stockpile berm that is built on the west side of the facilities will be stabilized as soon as its construction is complete, as it will be inactive for longer than 90 days. Product stockpiles, or temporary overburden and topsoil stockpiles,will be watered for dust control, but not permanently stabilized.That is because these stockpiles will be modified by equipment within 90 days of construction.All of these temporary and product stockpiles will be located either within the active mining pit or the facilities area. Tower Pit 5 Greg I.rwicia and Associates,PI,1.(' February 2019 4. Mining and Reclamation Phasing Mining and reclamation at the Tower Pit will occur contemporaneously. There will be no typical phases of activity, where one activity completes before the other begins.The phases as shown on Map C-2 show the mining and reclamation operations at different points in the mine's life. 5. Operational Time Frames The Tower Pit will operate from a half hour before sunrise to half hour after sunset, Monday through Saturday,throughout the year. Night time activity will be restricted to emergency maintenance of the site or equipment.Any lighting needed for this activity will be minimal, and downcast. Security lighting on the office trailer will be flush.Most of the mining and processing will take place between April and October of each year, as weather limits the construction season in the Colorado high country. 6. Mining Near the Airport Due to the proximity of the Eagle County Regional Airport,the Tower Pit will have some operational limits.Maximum height of any structure or activity is limited in zones delineated on Map C-2.These height limitations are for the initial and final condition of the site. During mining of the first 30' lift,the initial condition height limits will be applied, as they are more restrictive.The second lift mining will be at the final grade, and thus will operate under the final grade conditions. Tower Pit 6 (:rcgi�wrc�A%nd As�iatcs PU,(' February 2019 IMPACT MANAGEMENT PLAN 1. General Impact Mitigation All impacts discussed in this section are primarily mitigated by maintaining the natural berm between the mining operations onsite and the surrounding land. All mining and processing activities will take place in an area of the site that sits below the top grade,with the exception of topsoil stripping and initial stockpiling. Topsoil stripping will be conducted in short term periods of the year. The rate of topsoil stripping and the area stripped in advance of the mining operations will be dictated by sales of product,the fugitive dust permit, and the 10-acre ongoing maximum disturbance limit. 2. Noise Control A variety of best management practices will be employed to mitigate noise impacts. They include: • Non-beeping back up alarms • Containing all mining activity behind the natural visual berm as much as possible • Containing all processing activity behind berms as much as possible • Mining and plant activities are limited to daylight hours (half an hour before sunrise to half an hour after sunset) • Haul trucks will not use J-brakes • No blasting In the event that equipment or activity generates nuisance noise in a manner that was unanticipated, such activity or equipment will be taken offline until it can be operated in a non- nuisance manner. The Facility Manager can be contacted by anyone in the area or at Eagle County that detects a nuisance noise. Contractor equipment will be required to operate under the same constraints as that of the operator. Tower Pit 7 „)K (4,44 I.cwicki and Associates,Mit' February 2019 3. Dust Control Fugitive dust is regulated by the Colorado Department of Public Health and Environment Air Pollution Control Division. Prior to operations, a fugitive dust permit shall be obtained from CDPHE. This permit will include limits on production,topsoil stripping, haul distances, and other factors that all combine to affect fugitive dust generation. The operation of the mine below original grade behind a natural berm will reduce the risk of dust leaving the site. In addition to the mining sequence,the following best management practices will be in place for the operation: • Disturbance footprint will be limited to 10 acres,the smallest for feasible operations • Crushing and screening of material will be wet • Haul roads, facilities area floor, and the mining area floor will be watered at least four times daily; Additional watering will take place as needed • Haul roads and facilities area floor will be graveled once they have been constructed • Product stockpiles will be maintained moist either from processing or from truck watering • Site access will be paved to the main entrance • Internal haul routes in place for>90 days will be treated with magnesium chloride • Non-product stockpiles will be seeded within 14 days, if they are to be in place>14 days • Product stockpiles will be treated an additional time with water and/or a binding agent such as magnesium chloride at the end of business each Friday • Product stockpiles will be graded each fall to be flat topped and shorter than the original grade of the site • Topsoiled reclaimed slopes will be seeded within 7 days of final grading • Final grade portions of the south slope will begin reclamation within 180 days of grading completion 1 • Maintain a dust hotline for the Airport, HAATS and members of the Stakeholder Group. This will be a phone number that any member of the Stakeholder Group can call in the event that dust creates a visibility problem that needs immediate rectification. This 1 180 days allows for the passage of winter if grading is completed late in the season Tower Pit 8 X t:reg I.cwikki and Associates,PI IX' February 2019 number will always reach a person-in-charge at the Tower Pit. Upon approval of the Special Use Permit,the Facility Manager shall distribute the hotline number to each member of the Stakeholder Group and to the Eagle County Community Development Director. Upon receipt of a call on the hotline,the Facility Manager, or his designee, will immediately investigate the complaint. • In the event that any identified dust incident cannot be immediately rectified or satisfactorily controlled,the Facility Manager will immediately shut down the activity in that area until such incident is rectified or controlled in order to prevent further dust generation or dissemination. In the event there is a disagreement between the Facility Manager and HAATS or the Airport as to whether operations should be shut down in the event of a dust incident,the Facility Manager will defer to the decision of HAATS and/or the Airport where there is a concern regarding safety of flight or ground operations at HAATS or the Airport. If additional dust suppression is needed at any time, additional watering will take place.This will be determined by the Facility Manager. In the event of a dust"incident",the Facility Manager will determine if the incident can be corrected via additional controls(watering, magnesium chloride, etc.) or if operation shut down is needed. The Facility Manager, and his/her designees will be responsible for maintaining a day-to-day, hour-by-hour sense of the conditions on site and their propensity to generate dust.As an example, if equipment traffic is concentrated in a specific area of the active pit,the Facility Manager would instruct the water truck to spray this area first and foremost in order to prevent dust generation as much as possible. Similarly, the Facility Manager would be aware that high afternoon temperatures during the summer dry out watered areas of the site faster and increase the likelihood of dust generation at that time of day. Therefore,the Facility Manager would task the water truck to spray active areas of the site additional times in the hot summer afternoon. It is in this flexible manner that the dust coming from the Tower Pit can and will be minimized. In the event that water supply is interrupted or suspended to the point that there is not sufficient water for dust control, operations will be suspended until water supply is restored. 4. Visual Control Tower Pit 9 X Greg l.cwicki and Associates,PI 14' February 2019 The twelve (12) foot visual berm that is maintained by the operator during mining and initial reclamation will prevent most of the site from being visible along US-6. The natural visual berm will not be removed until reclamation has been undertaken on the south slope of the site so that the visible portions of the site contain as little disturbed area as possible. It should be noted that even during the mining of the visual berm,the mining process will be from within the pit outward. Equipment will be hidden during large portions of any berm removal, as the mined portions of the berm will be high enough, until the last cuts,to block views of equipment. Once a berm is gone, what can be seen will be some reclamation equipment, and the reclaimed ground behind the berm. 5. Traffic Control Traffic will travel via a county approved access road from the facilities area to the US-6. Additional operational practices to control traffic will include: • Installation of improvements at the access intersection as required by the Town of Gypsum • Maintenance of signage and speed limits for truck traffic entering and leaving the frontage road • Usage of a one-way traffic routing in the facilities area to minimize customer truck travel distance and time • Maintenance of a designated parking area away from stockpiles and internal traffic • Usage of a designated maintenance area for all minor equipment maintenance such as greasing and refueling in the facilities area • Tracking pads will be used at all entrances to the site to ensure sediment and mud control 6. Stormwater Runoff Control Stormwater will runoff from the general area of the airport south of the Tower Pit, in addition to the area of the pit itself, and be collected in sumps located in the east and west ends of the site. Map C-2 shows the location of the sumps in each phase.The drainage basins are shown on Map C-1. The entire site will be enclosed by at least a 2-foot tall natural stormwater berm at all times. Tower Pit 10 (:rcfi!cwxki and Aswx ale¢PI,t(' February 2019 During mining this berm will be at least six feet tall. Following the completion of mining and reclamation, it may be reduced in height as it will no longer be needed as a visual barrier. The site access will have this berm as a hump in the access road. The rest of the site will have it as a portion of the natural visual berm. It will remain following all reclamation, as the floor of the pit is not being revegetated. 6.1 Maintenance of Stormwater Controls All stormwater control systems will be inspected monthly by the facility manager or his/her designee. Controls found to be in disrepair of insufficient will be repaired or replaced promptly to ensure effective sediment containment. In the event that control systems cannot be permanently repaired/replaced within 30 days,temporary systems may be put in place until permanent installations can be completed. For example, if weather prevented seeding of an area for stabilization,temporary systems such as sediment control logs would be installed until revegetation had taken place. During and following storm events,the facility manager or his/her designee will inspect all stormwater facilities to determine if repairs or replacement are necessary. 7. Water Consumption for the Operation Water consumption for the Tower Pit will fall into three main categories. Water supply will either be municipal or via a commercial well and water exchange. 7.1 Control Dust on the Haul Roads and Excavation Areas Water application for dust control will take place at least four times a day over all disturbed areas. Active stockpiles and others may require additional watering to ensure material stays wet. Alternatively,the operator may apply magnesium chloride to disturbed areas instead of watering. It is also assumed that additional watering will be needed during very dry windy conditions during mining operations. The facility manager will determine when and where this is needed during operations. 7.2 Crushing and Screening Plant Operations l Yq;I.cwirki and Associates,PI IA' Tower Pit 11 February 2019 The crushing/screening plant uses water to control dust with water sprays and on the screen deck. It will also have sprays at the entrance. 7.3 Wash Plant Operations The wash plant will be used to remove fines from the material. Wash plant water recycling will produce fines in the bottom of the wash ponds adjacent to the plant. These ponds will be inspected monthly for capacity.Fines will need to be removed periodically from the wash ponds.The frequency of this clean out will depend on production rates and how"dirty"the raw gravel is at any time. Fines removed from the wash ponds via cleanout will either be sold as a product or mixed in with the backfill in the pits. These fines will never be placed outside of stormwater controls. 8. Lighting Control No mining operations will take place at night.Emergency site work may take place at night if needed to maintain environmental protection and site stability. All lighting for this activity will be downcast. 9. Spill Contingency Plan The only hazardous materials that will be stored at the Tower Pit will be fuels, typically diesel, maintenance oils, and dilute solvents for equipment cleaning. Fuel will be brought to the site by a mobile fueling truck. On site fuel storage needs will vary depending on the plants that are located on site at any one time. The mining, crushing and screening equipment will typically require at least a 2000 gallon diesel tank which will be located near the crushing/screening plant.Other plants will similarly have attached diesel tanks. Free standing tanks will all be located at the fuel farm located on Map C-2.An inventory of tanks will be provided to Eagle County in each annual report. All tanks will have secondary containment of at least 110%of the full tank capacity.All tanks onsite will either be double-walled or be contained within an open-air trough. Spills within the mine area also have a third level of containment:the highwalls and natural visual berm.All fuel and non-fuel tanks of potentially hazardous materials are regulated by the Environmental Protection Agency(EPA)under a Spill Prevention Containment and Control Plan (SPCC Plan). Tower Pit 12 X 4.rel;l.ewieki and Aswuiattx Pt d,C February 2019 The SPCC Plan will be placed in the mine office and the employees will be trained to take the appropriate steps for inspections and spill response in case of a spill.All portable plants will have their own tanks built into the plant that have built-in secondary containment and are covered under their own portable plant SPCC Plans. If any fuel spill is encountered,the contaminated material will be removed from the site within 72 hours. Spill kits will be kept onsite. The county health department will be notified in the case of any toxic or hazardous substance, including spills of petroleum product in excess of 25 gallons. Final reclamation of the site will see the removal of all tanks.Each year's annual report will dictate the quality and status of all tanks, secondary containment, and spill kits. Two primary hazardous material discharges(spill) situations exist at Tower Pit: a minor and a major.A minor spill is the most likely. This can be an overturned oil drum, a leak from a diesel line, or other similar discharge. In the even that such a spill is encountered, the flow chart below should be used as a guide. A spill kit will be kept near all plants and hazardous material storage during the life of the Tower Pit.These kits consist of sorbent materials, personal protective equipment, and a container for gathering and disposing of contaminated soil. The SPCC plan for the site will comprehensively address the size, quantity, and quality of the chemical storage onsite. These plans are administered by the Environmental Protection Agency(EPA)and will be available onsite for inspection at the request of any regulator.All employees will be trained according to the SPCC Plan and EPA guidelines for spill prevention, containment, and control. Tower Pit 13 X Greg Lewirki and Associates,P111' February 2019 V / \ v .7,_ CL Q) m — ar = c 7 Y v a) L crts on- v c Y v — — LL C 'Q, N C E c J.Ln >. .Q mCA c c O ,_ s; LS H e v m 3 L • CU W LL _ C U > Y .� fa •V Y Y Y >• a) O VI c c V +' LL C CO Y U - +� an— 0 7 t �O O LL O a+ LL ro N — O N . V H co Z a) U LL C '7 •c a) t o a) m cr a) o on ♦ ♦ J �~ J \"-...I- ~ E v 03 Z w • N r 1 e s r CU r v) CU l } Z a Oc_ • L > N f6 U / '05 c c Y v c C taC .3 c O C L E v -c) c ( v LL OL ..(1,' a NC vi E Q°n O 1 c9 to O ar = c U v v d )o U ` N oD L U +4 Y V-s LL c •= C • 01 (a Y C a) Y V1 L y On Y tiO m E C a) v C >• v)▪ +La), c I— E mZw m v O _c OCS U 7 \ N vi (0 on On 1111 7 \0- _o a) E .... \ I '..\ $ a.) a`, A o Da on— = (1) _c a`) c E � .Q on co sn L LL a1 co i ‘ 3 I c L o O Q H co co a) T• V) C )•• Y u ns • p_ -* C — t ++ _ c } c Q- ut Y 7 Q U +' co 'U a1 fcCo a) o — E )o Y U ro E C O +CD Q C H CC Z H 'O LL E L) o ` I-- 3 E\ L •u vv a . J c 1 7 o- o c o au o m I } Z • U a) a)▪ a) r \ L 733T U a) 7 O t O co ,F h C -) Y so toQ E m ♦ J ' c _ Q — N Y N Z 3 m `•C O co r L L r-, Q. a) c L / \ \ 4,, crs y-1 X co IiCUvi a L Q) v ;F Y a) -Q u O .'^ t' j )o o 7 ate-, = coN U c ,a Q o 674:.- 0 L. vi U LL 0) v, C CU �o on �, J v i av /l C. Due to the secondary containment of the oil and fuel tanks on site, and the 3rd level of containment,which is the natural visual berm,the possibility of a major discharge to the Eagle River is very unlikely. A"major" discharge is defined as one that cannot be safely controlled or cleaned up by facility personnel, such as when: • The discharge is large enough to spread beyond the immediate discharge area; • The discharged material enters local water; • The discharge requires special equipment or training to clean up; • The discharged material poses a hazard to human health or safety; or • There is a danger of fire or explosion. In the event of a major discharge from the site,the following guidelines apply: • If there is a chance of an ignition or any other condition that would put the site personnel at risk, all workers must immediately evacuate the discharge site via the designated access road. • If the Facility Manager is not present at the facility,the senior on-site person notifies the Facility Manager of the discharge and has authority to initiate notification and response. Certain notifications are dependent on the circumstances and type of discharge. For example, if oil reaches a sanitary sewer,the publicly owned treatment works (POTW) should be notified immediately. A discharge that threatens the Eagle River may require immediate notification to downstream users.The Facility Manager(or senior on-site person)must call for medical assistance if workers are injured. • The Facility Manager(or senior on-site person)must notify the Fire Department or Police Department and Eagle County Environmental Health. • The Facility Manager(or senior on-site person)must call the spill response and cleanup contractors listed in the Emergency Contacts list in this section. • The Facility Manager(or senior on-site person)must immediately contact the CDPHE Colorado Office of Emergency Management: 303-273-1778 and the National Response Center(888-424-8802). Tower Pit 15 February 2019 (:nK Ixwuki and Associates P1.I.0 • The Facility Manager(or senior on-site person)must record the call on the Discharge Notification form in this section and attach a copy to this SPCC Plan. • The Facility Manager(or senior on-site person) coordinates cleanup and obtains assistance from a cleanup contractor or other response organization as necessary. Immediate clean up and control of the spill will be completed within 72 hours of discovery,with long term clean up complete within 30 days.Additional long term monitoring will be conducted as needed depending on the type and size of spill. If the Facility Manager is not available at the time of the discharge,then the designated senior personnel onsite assumes responsibility for coordinating response activities. 9.1 Fuel Handling Practices Fueling will take place in two ways at the Tower Pit.A mobile fuel truck will travel to equipment within the active pit, such as the crusher, and fill their diesel tanks directly.Also, a fuel farm will be maintained in the facilities area to service mobile equipment that travels to or operates in the facilities area. Refueling at the fuel farm will take place at a designated location adjacent to the fuel farm. This location will have an impermeable floor, such as concrete,that drains back to the secondary containment of the fuel farm. A spill kit will be maintained at the fuel farm. Tower Pit 16 and Asnncinten, February 2019 (,rc Ixwicki YSA.0 RECLAMATION PLAN 1. General Reclamation Plan Reclamation will be conducted concurrently with mining. Topsoil will be stripped from areas prior to mining, and either directly placed on areas ready for retopsoiling, or stockpiled for use in future reclamation. Topsoil will be placed on reclamation areas at a depth of six to twelve inches. As areas of mining are completed,they will be backfilled and graded to the final topography, then topsoiled and revegetated. This will lead to the mining and reclamation proceeding in tandem across the site. The anticipated maximum disturbed are at any one time is 10 acres. This area is shown on Map C-2. The natural visual berm along the north side of the site will remain as the stormwater control berm following reclamation. Slope revegetation on the south side of the mining area can be seen for each phase on Map C-2. The final reclamation condition of the site will be a flat to gently sloping floor that extends from US-6 to the 2H:1V slope adjacent to the airport. This site will be reclaimed for future commercial development at the landowner's request, and therefore will be partially revegetated. The site is 38 acres in size,with 22 acres being left as a gravel floor on the pit bottom and 16 acres of slope being revegetated to rangeland. Map F-1 shows the final reclaimed condition of the site. The site will be reclaimed in preparation for future commercial development, and thus will be partially revegetated to rangeland along the slopes while remaining graveled on the bottom flat. The stormwater berm and sumps will remain in place after reclamation.Revegetation will be conducted each year in the fall. Mined out ground from that mining season will be topsoiled as mining advances, which will leave an area at the end of each season that can be revegetated. Eagle Rocks is keenly interested in minimizing the time between mining being complete in an area and revegetation taking place.This is part of the reason for mining to final slope instead of backfilling. By mining to final slope, Eagle Rocks can topsoil and revegetate portions of the south slope before mining has reached full depth. This is atypical of mining operations in western Colorado, as most mine to a steeper slope than final to maximize extraction, and then backfill to the final reclaimed slope.Mining to the final 2H:1 V slope will leave some material behind, and thus some revenue is given up, but will ultimately facilitate faster reclamation of the site. Tower Pit 17 Greg ixwicks and Associates,Pl.l.e February 2019 Each season, Eagle Rocks will conduct a review of the site,typically in August,to determine how much ground is ready for reclamation. This will be ground that was topsoiled during that mining season. Seeding and mulching will be conducted on these topsoiled areas. All revegetation should be done before the first snows fall in the Gypsum area. 2. Reclamation Phasing Mining and reclamation at the Tower Pit will occur contemporaneously. There will be no typical phases of activity, where one activity completes before the other begins. The phases as shown on Map C-2 show the mining and reclamation operations at different points in the mine's life. 3. Post-mine Facilities All mining equipment will be removed from the site following mining, with the exception of equipment the landowner owns that is to be stored on the property.No permanent structures will be in place on the property following reclamation. All plants are portable, and thus can be moved.The office trailer is also portable.All foundations will be removed. 4. Backfill and Grading Mining will take place to the final topography shown on Map C-2 and F-1.No backfilling or grading is required once mining is complete. Excess overburden onsite may be used to reduce the south slopes or even out the site floor. The steepest slopes onsite will be 2H:1 V. Tower Pit 18 February 2019 X.LaV.fivicki and Associates,PLIA 5. Topsoil Replacement Plan Topsoil will be replaced to a depth of 12 inches in all areas to be reclaimed as Rangeland. The rest of the site, other than the access,will be reclaimed to a gravel floor for an industrial yard. The table below shows an area breakdown. Table 1 —Post Mining Land Uses Post Mining Land Use Acreages Rangeland:` "A t5' Access <0.5 Industrial 21:5 Total 37 Topsoil will be ripped prior to seeding to prevent compaction of the seed bed. The vast majority of the topsoil will be directly placed on ready to reclaim slopes as the mining operation progresses through the site. Topsoil from initial stripping that was stored in the facilities area will be used in reclaiming portions of the site as mining nears completion.Seeding of topsoil will take place within 15 days of its placement. 6. Revegetation Plan Seed will be placed on the rangeland areas of the site as shown on the Landscape Plan and Map F-1.Areas outside of the designated rangeland area will be graveled for use as an industrial yard. Revegetation at the Tower Pit will consist of seeding to develop rangeland vegetation to prevent soil erosion. As much as is practical,woody vegetation removed prior and during topsoil stripping will be directly placed in the concurrent reclamation areas to encourage restoration of those species. Slopes will be ripped and roughed prior to seeding to prevent seedbed compaction. A drill seeder will be used for all seeding, except the 2H:1 V slope,which will be either broadcast seed(at twice the drill seed rate)or hydroseed.Erosion mats or similar techniques will be used on the 2H:1V slopes to prevent loss of seed or seedbed. Table 3 shows the proposed seed mix for revegetated areas. The same seed mix will be used on topsoil and overburden stockpiles that are in place more than 90 days. Tower Pit 19 tireg Lewicki and Associates,MA' February 2019 Table 2—Rangeland Seed Mix Common Form PLS Name Ibs/acre* 5; Bromine Seed 1.6 Smooth intermediates Seed S % Wheat:rass Pubescent Seed 2.25 Wheatgrass Orchard Seed : 7. Weed Control The operator will survey the site for county and state listed noxious weeds every April and October. Any weed infestations that are identified will be sprayed within an appropriate herbicide according to best management practices determined by Eagle County Weed and Pest Department. Infestations found during topsoil stripping will be buried in the reclamation topsoiling process. If weed infestations persist following spraying or burial, Eagle County Weed and Pest Department and the local Natural Resource Conservation Service office will be consulted for additional steps to be taken. 8. Reclamation Drainage Following reclamation of the site, drainage directions will continue to be mostly south to north. Since the flat areas of the site are being reclaimed to an industrial yard, and not being revegetated,the natural stormwater berm and sumps will remain onsite following reclamation. This will continue to contain the stormwater from 100-YR 24-HR events onsite for the industrial yard. 9. Reclamation Success Criteria Reclamation success will be determined by both the Colorado Division of Reclamation,Mining, and Safety as part of their permit process, and by the Eagle County Department of Environmental Health. Successful reclamation at the Tower Pit will be achieved when the Tower Pit 20 February 2019 rangeland slopes on the south side have sufficient vegetation to prevent erosion and when the site floor is completely graded and graveled. In the event that the reclamation has failed in an area of the site(ex: vegetation has died off on a section of slope),that area will be re-graded, re-topsoiled,re-graveled, re-seeded, etc. as needed. Since the maximum ongoing disturbance of the site is only 10 acres, it will be in the operator's best interests to succeed at reclaiming areas that have been mined out as the operation progresses. Tower Pit 21 trey,Ixwuki and Associates„MIA' February 2019 PERMIT COMPLIANCE PLAN The following permits are necessary for the operation of the Tower Pit. Also listed is the contact information for that regulator, and what reporting requirements said permit has. Permit and Agency Contact Information Reporting Requirements._ try tiq' 3x A,1 .g;/.:b "4:3.- Y✓'i �KY2`.:Y,r T.s.,ci 'd<�:.,.:. y +,rtyxi Colorado Division o i ec ariiation," ning, 3' herri an St,R 215;; nnual ' M ailing ni l' it o eft .:#�eclamatio iv 04'5:W0714,4(0:G nru�tioriVla�ert��s`° :Cienv iiia da Rec amat. ii Penn t�- H. 3., re` s" en > p nF ea Y. Colorado rt Depament of Public Health and 4300 Cherry Creek S Dr, Ongoing reporting of Environment Fugitive Dust Permit Denver,CO 80246 production and maintenance of PH:(303)692 3100 dust suppression control logs _r,: of" 'OE Eagle County Special Use Permit ' 500 Broadway St, op}r,, ainnu reclamation '1 'e`o a C `89.031` �' .... ..::... e"CO0 _p Town of Gypsum access permit 50 Lundgren Boulevard None PO BOX 130 Gypsum,CO 81637 PH:(970)524-7514 Mine Saf and Health Administration D% "riot Office::::.:`:::,. Ma ntairi"accurate;records,w tl%;;:_° .... .,-.,",�"..::.;. „:. De a 'Ca.8U22 -0 riv t:. 3 S Federal Aviation Administration 7460 Federal Aviation Administration None Determination Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth,TX 76177 PH:(206)231-2990 Tower Pit 22 February 2019 <;n�Ixw c&.and Associates,MIA' APPENDIX 1 - MAPS Tower Pit 23 t:n°p txwicki and Associates,WA' February 2019 MINING OPERATIONS PLAN Tower Pit !•an 3+. s,a c trti,1'1 1!,' February 2019 Table of Contents OPERATION INFORMATION 1 MINING PLAN 3 IMPACT MANAGEMENT PLAN 7 RECLAMATION PLAN 17 PERMIT COMPLIANCE PLAN 22 APPENDIX 1 -MAPS 23 Tower Pit � d�ri;tsw:.:n anf 4et.c.+l iw.1'1,1.i February 2019 OPERATION INFORMATION This operations plan is designed to show how the Tower Pit will function in accordance and alignment with the Eagle County Land Use Regulation("ECLUR") Section 4. 1. Maps All maps referred to in this operations plan can be found in Appendix 1. 2. Facility Management The facility manager listed in this section("Facility Manager")will maintain up to date contact information with Eagle County Environmental Health, High-Altitude Army National Guard Aviation Training Site ("HAATS") and the Eagle County Regional Airport, and the Colorado Division of Reclamation, Mining, and Safety. Any change in facility manager information will be provided to Eagle County and the area neighbors within 30 days of the change. Implementation of this plan will be the responsibility of the facility manager. Eagle County representatives may inspect the operations of the Tower Pit at any time. This operations plan is critical to the Eagle County Special Use Permit for the land upon which the Tower Pit is located (the "Special Use Permit"). Therefore, said plan runs with the Special Use Permit and the pit; any operator of the Tower Pit is bound to the terms, controls, and best management practices outlined in this plan. The Facility Manager, or their designated senior on-site person, is the responsible party to address incidents that may occur at the Tower Pit. The Facility Manager will address the immediate concern, document the incident, and report its details to the Stakeholder Group. Specific categories of incidents are addressed in this operations plan as needed. 3. Reporting Eagle County will be provided with an Annual Compliance Report demonstrating conformance with all mitigation and controls outlined in this plan, and required by other permits, by August 5th of each year, commencing in 2019. This report will also contain all information provided to Tower Pit 1 <.<<a .t dna ^.fid« l'I February 2019 the Colorado Division of Reclamation, Mining, and Safety as part of annual reporting for the previous year. In the event that any issues or complaints are received by the pit, the Facility Manager will share those issues or complaints with a stakeholder group consisting of representatives of HAATS and the Eagle County Regional Airport(Aviation Director or his designee),the operator,the landowner, and an Eagle County Code Enforcement Officer("Stakeholder Group")within twenty-four hours of the occurrence of the issue or receipt of the complaint. 4. Revisions or Modifications to this Plan Modifications or revisions of the mining operations plan described herein may be undertaken by the landowner or operator of the Tower Pit. Such revisions must be submitted to the Eagle County Department of Community Development. The Director of Community Development for Eagle County will then determine if the proposed revision is minor or major. Minor modifications will be reviewed by Eagle County staff and approved by the Community Development Director if determined to be allowed within the scope of the approved Special Use Permit. Major modifications will be reviewed within 90 days of submittal to Eagle County. Following the 90 day review period, a major modification will be scheduled before the Eagle County Board of County Commissioners for approval or denial in accordance with the standards for approval of a special use permit as set forth in the Eagle County Land Use Regulations ("ECLURs"). Any approved modifications shall serve as an amendment to the Special Use Permit. Tower Pit 2 1,1•Ol 6.and 5is.�1ieli, February 2019 MINING PLAN 1. General Mining Plan Access to the mining area will be from the improved access off of US-6. The permit area will be staked prior to any site disturbance. Map C-2 shows the configuration of the site during mining. Map C-2 also shows the configuration of the fully mined out pit as well as the location of the processing plants, stockpiles and office/shop area. Processing of material will involve crushing and screening at a minimum. Crushing and screening will take place near to the active mining highwall, with a loader directly feeding the crusher/screen. Crushed and screened material is then transported to the facilities area near the site entrance. Portions of this material are further processed to produce higher value products such as washed rock, asphalt, or concrete. All products that are not directly loaded into equipment for off-site delivery will be stored in stockpiles in this facilities area. The mining will be done contemporaneously with the reclamation. This means that as areas are mined out completely,they will be graded to the final condition,and then topsoiled and revegetated according to the reclamation plan. Initially,topsoil will be stripped from an area of approximately 10 acres in order to create the location for initial facilities and mining. The depth of mining will be roughly 60 feet. It will be mined in two roughly 30 foot passes. The first pass will begin with the development of the facilities area. Once roughly 10 acres of ground have been mined down 30 feet, a second mining pass will begin from the entrance of the site. The net effect of this method of mining is that the topography of the site will lower twice. Mining will be conducted with loaders, hoes, dozers, and off-highway haul trucks. Dozers or scrapers will strip topsoil from an area in advance of mining. Loaders and hoes will then excavate material directly into either crushing plant or into haul trucks. No blasting will take place at the Tower Pit. No refuse, acid or toxic producing materials are expected to be encountered in this operation. If these materials are encountered, topsoil will be placed over the area and mining will move to a different area. ^ s,rev ,en,1s dnJ NS,011atr., Tower Pit 3 ..� \ , -- February 2019 The pit may accept concrete and asphalt materials that have been removed from existing sites in order that they can be recycled for use. Fill material may also be accepted into the mine site. Fill material will be spread out on the mined-out pit floor and will be blended into the final landscape. Some material may also be re-sold as construction material.None of this material can be accepted by the Operator unless the deliverer provides a certification that is inert. 2. Equipment The following equipment is anticipated to be used onsite. Additional related equipment may be brought onsite if needed. • Front-end loaders • Bulldozers • Scrapers • Haul trucks (off highway) • Crusher and screener • Stacking conveyors • Office trailer • Truck scale and scale house • Asphalt plant • Concrete batch plant • Wash plant No permanent structures will be built within the mining area. The control rooms, scale house, truck scales and plants will be portable, although the scale will have a concrete foundation. Maintenance vehicles will visit the site regularly to provide oil, grease, and perform other minor maintenance on vehicles and equipment. Any major repair work required will be performed off site. Tower Pit 4 g(xand h_w•ai>u-S,I9,i./ ^ February 2019 3. Topsoil and Overburden Handling Topsoil will be salvaged from all mining areas. The expected topsoil thickness is 6 to 12 inches. Topsoil stripped in the early days of the operation-will be stockpiled in the initial facilities area in stockpiles to preserve for later use in reclamation. Topsoil that is stockpiled for more than 90 days will be seeded within 14 days of placement. During most of the mine life, topsoil that is stripped will be directly placed on final grade areas that area ready for reclamation. Since not all of the site will be revegetated(see Reclamation Plan),there will be excess topsoil onsite for reclamation.No topsoil import will be necessary to achieve successful reclamation. Overburden will be directly placed in reclamation areas as backfill to achieve the post mine topography or will be stored in a temporary stockpile on the western end of the operation. It is anticipated that roughly two to six feet of overburden will be stripped from the site, depending on location. The overburden stockpile that will be in place for more than 90 days will be seeded within 14 days of placement to prevent erosion. 3.1 Storage Non-product material will be stored either within the facilities area or within the active mining pit. All stockpiles of non-product material will be seeded with the rangeland seed mix(see Reclamation Plan)that is to be used in reclamation. Stabilization will occur for any stockpile that will be undisturbed for more than 90 days. These stockpiles will be stabilized within seven days. Any stockpiles that see activity within 90 days will be watered on the same daily schedule as other disturbed ground onsite. Stockpiles of non-product material will be graded to have slopes of 2H:1V or less. For example,the overburden stockpile berm that is built on the west side of the facilities will be stabilized as soon as its construction is complete, as it will be inactive for longer than 90 days. Product stockpiles, or temporary overburden and topsoil stockpiles,will be watered for dust control, but not permanently stabilized. That is because these stockpiles will be modified by equipment within 90 days of construction. All of these temporary and product stockpiles will be located either within the active mining pit or the facilities area. Tower Pit 5 t Cr,... s',St...SW,,'I r., February 2019 4. Mining and Reclamation Phasing Mining and reclamation at the Tower Pit will occur contemporaneously. There will be no typical phases of activity,where one activity completes before the other begins. The phases as shown on Map C-2 show the mining and reclamation operations at different points in the mine's life. 5. Operational Time Frames The Tower Pit will operate from a half hour before sunrise to half hour after sunset, Monday through Saturday,throughout the year. Night time activity will be restricted to emergency maintenance of the site or equipment. Any lighting needed for this activity will be minimal, and downcast. Security lighting on the office trailer will be flush. Most of the mining and processing will take place between April and October of each year, as weather limits the construction season in the Colorado high country. 6. Mining Near the Airport Due to the proximity of the Eagle County Regional Airport,the Tower Pit will have some operational limits. Maximum height of any structure or activity is limited in zones delineated on Map C-2. These height limitations are for the initial and final condition of the site. During mining of the first 30' lift,the initial condition height limits will be applied, as they are more restrictive. The second lift mining will be at the final grade, and thus will operate under the final grade conditions. Tower Pit 6 F.��F ananti. iti t ll^'1 e�4 February 2019 .���� IMPACT MANAGEMENT PLAN 1. General Impact Mitigation All impacts discussed in this section are primarily mitigated by maintaining the natural berm between the mining operations onsite and the surrounding land. All mining and processing activities will take place in an area of the site that sits below the top grade, with the exception of topsoil stripping and initial stockpiling. Topsoil stripping will be conducted in short term periods of the year. The rate of topsoil stripping and the area stripped in advance of the mining operations will be dictated by sales of product, the fugitive dust permit, and the 10-acre ongoing maximum disturbance limit. 2. Noise Control A variety of best management practices will be employed to mitigate noise impacts. They include: • Non-beeping back up alarms • Containing all mining activity behind the natural visual berm as much as possible • Containing all processing activity behind berms as much as possible • Mining and plant activities are limited to daylight hours (half an hour before sunrise to half an hour after sunset) • Haul trucks will not use J-brakes • No blasting In the event that equipment or activity generates nuisance noise in a manner that was unanticipated, such activity or equipment will be taken offline until it can be operated in a non- nuisance manner. The Facility Manager can be contacted by anyone in the area or at Eagle County that detects a nuisance noise. Contractor equipment will be required to operate under the same constraints as that of the operator. Tower Pit 7 X tvriy,1 A wi•tl a''.1±s«ctauw.1.1 h,r February 2019 3. Dust Control Fugitive dust is regulated by the Colorado Department of Public Health and Environment Air Pollution Control Division. Prior to operations, a fugitive dust permit shall be obtained from CDPHE. This permit will include limits on production, topsoil stripping,haul distances, and other factors that all combine to affect fugitive dust generation. The operation of the mine below original grade behind a natural berm will reduce the risk of dust leaving the site. In addition to the mining sequence, the following best management practices will be in place for the operation: • Disturbance footprint will be limited to 10 acres,the smallest for feasible operations • Crushing and screening of material will be wet • Haul roads, facilities area floor, and the mining area floor will be watered at least four times daily; Additional watering will take place as needed • Haul roads and facilities area floor will be graveled once they have been constructed • Product stockpiles will be maintained moist either from processing or from truck watering • Site access will be paved to the main entrance • Internal haul routes in place for>90 days will be treated with magnesium chloride • Non-product stockpiles will be seeded within 14 days, if they are to be in place>14 days • Product stockpiles will be treated an additional time with water and/or a binding agent such as magnesium chloride at the end of business each Friday • Product stockpiles will be graded each fall to be flat topped and shorter than the original grade of the site • Topsoiled reclaimed slopes will be seeded within 7 days of final grading • Final grade portions of the south slope will begin reclamation within 180 days of grading completion' • Maintain a dust hotline for the Airport, HAATS and members of the Stakeholder Group. This will be a phone number that any member of the Stakeholder Group can call in the event that dust creates a visibility problem that needs immediate rectification. This ' 180 days allows for the passage of winter if grading is completed late in the season Tower Pit 8 ^ .y\ b,il'� bA'Mvi'.In. fi� �ShrC lelb.,Irl b l 'i - ---- - — --_ February 2019 number will always reach a person-in-charge at the Tower Pit. Upon approval of the Special Use Permit, the Facility Manager shall distribute the hotline number to each member of the Stakeholder Group and to the Eagle County Community Development Director. Upon receipt of a call on the hotline,the Facility Manager, or his designee,will immediately investigate the complaint. • In the event that any identified dust incident cannot be immediately rectified or satisfactorily controlled, the Facility Manager will immediately shut down the activity in that area until such incident is rectified or controlled in order to prevent further dust generation or dissemination. In the event there is a disagreement between the Facility Manager and HAATS or the Airport as to whether operations should be shut down in the event of a dust incident,the Facility Manager will defer to the decision of HAATS and/or the Airport where there is a concern regarding safety of flight or ground operations at HAATS or the Airport. If additional dust suppression is needed at any time, additional watering will take place. This will be determined by the Facility Manager. In the event of a dust"incident",the Facility Manager will determine if the incident can be corrected via additional controls (watering, magnesium chloride, etc.) or if operation shut down is needed. The Facility Manager, and his/her designees will be responsible for maintaining a day-to-day, hour-by-hour sense of the conditions on site and their propensity to generate dust.As an example, if equipment traffic is concentrated in a specific area of the active pit,the Facility Manager would instruct the water truck to spray this area first and foremost in order to prevent dust generation as much as possible. Similarly,the Facility Manager would be aware that high afternoon temperatures during the summer dry out watered areas of the site faster and increase the likelihood of dust generation at that time of day. Therefore,the Facility Manager would task the water truck to spray active areas of the site additional times in the hot summer afternoon. It is in this flexible manner that the dust coming from the Tower Pit can and will be minimized. In the event that water supply is interrupted or suspended to the point that there is not sufficient water for dust control, operations will be suspended until water supply is restored. 4. Visual Control Tower Pit 9 mk E crr,A and 4ssonauw.PI 6 n — February 2019 The twelve (12) foot visual berm that is maintained by the operator during mining and initial reclamation will prevent most of the site from being visible along US-6. The natural visual berm will not be removed until reclamation has been undertaken on the south slope of the site so that the visible portions of the site contain as little disturbed area as possible. It should be noted that even during the mining of the visual berm,the mining process will be from within the pit outward. Equipment will be hidden during large portions of any berm removal, as the mined portions of the berm will be high enough, until the last cuts,to block views of equipment. Once a berm is gone, what can be seen will be some reclamation equipment, and the reclaimed ground behind the berm. 5. Traffic Control Traffic will travel via a county approved access road from the facilities area to the US-6. Additional operational practices to control traffic will include: • Installation of improvements at the access intersection as required by the Town of Gypsum • Maintenance of signage and speed limits for truck traffic entering and leaving the frontage road • Usage of a one-way traffic routing in the facilities area to minimize customer truck travel distance and time • Maintenance of a designated parking area away from stockpiles and internal traffic • Usage of a designated maintenance area for all minor equipment maintenance such as greasing and refueling in the facilities area • Tracking pads will be used at all entrances to the site to ensure sediment and mud control 6. Stormwater Runoff Control Stormwater will runoff from the general area of the airport south of the Tower Pit, in addition to the area of the pit itself, and be collected in sumps located in the east and west ends of the site. Map C-2 shows the location of the sumps in each phase. The drainage basins are shown on Map C-1. The entire site will be enclosed by at least a 2-foot tall natural stormwater berm at all times. Tower Pit 10 t'nF kA.1.V,l6 and is,.rttetc,. February 2019 During mining this berm will be at least six feet tall. Following the completion of mining and reclamation, it may be reduced in height as it will no longer be needed as a visual barrier. The site access will have this berm as a hump in the access road. The rest of the site will have it as a portion of the natural visual berm. It will remain following all reclamation, as the floor of the pit is not being revegetated. 6.1 Maintenance of Stormwater Controls All stormwater control systems will be inspected monthly by the facility manager or his/her designee. Controls found to be in disrepair of insufficient will be repaired or replaced promptly to ensure effective sediment containment. In the event that control systems cannot be permanently repaired/replaced within 30 days, temporary systems may be put in place until permanent installations can be completed. For example, if weather prevented seeding of an area for stabilization,temporary systems such as sediment control logs would be installed until revegetation had taken place. During and following storm events,the facility manager or his/her designee will inspect all stormwater facilities to determine if repairs or replacement are necessary. 7. Water Consumption for the Operation Water consumption for the Tower Pit will fall into three main categories. Water supply will either be municipal or via a commercial well and water exchange. 7.1 Control Dust on the Haul Roads and Excavation Areas Water application for dust control will take place at least four times a day over all disturbed areas. Active stockpiles and others may require additional watering to ensure material stays wet. Alternatively,the operator may apply magnesium chloride to disturbed areas instead of watering. It is also assumed that additional watering will be needed during very dry windy conditions during mining operations. The facility manager will determine when and where this is needed during operations. 7.2 Crushing and Screening Plant Operations e r Tower Pit 11 ams��.. „ ''' February 2019 The crushing/screening plant uses water to control dust with water sprays and on the screen deck. It will also have sprays at the entrance. 7.3 Wash Plant Operations The wash plant will be used to remove fines from the material. Wash plant water recycling will produce fines in the bottom of the wash ponds adjacent to the plant. These ponds will be inspected monthly for capacity. Fines will need to be removed periodically from the wash ponds. The frequency of this clean out will depend on production rates and how"dirty"the raw gravel is at any time. Fines removed from the wash ponds via cleanout will either be sold as a product or mixed in with the backfill in the pits. These fines will never be placed outside of stormwater controls. 8. Lighting Control No mining operations will take place at night. Emergency site work may take place at night if needed to maintain environmental protection and site stability.All lighting for this activity will be downcast. 9. Spill Contingency Plan The only hazardous materials that will be stored at the Tower Pit will be fuels, typically diesel, maintenance oils, and dilute solvents for equipment cleaning. Fuel will be brought to the site by a mobile fueling truck. On site fuel storage needs will vary depending on the plants that are located on site at any one time. The mining, crushing and screening equipment will typically require at least a 2000 gallon diesel tank which will be located near the crushing/screening plant.Other plants will similarly have attached diesel tanks. Free standing tanks will all be located at the fuel farm located on Map C-2.An inventory of tanks will be provided to Eagle County in each annual report. All tanks will have secondary containment of at least 110%of the full tank capacity.All tanks onsite will either be double-walled or be contained within an open-air trough. Spills within the mine area also have a third level of containment: the highwalls and natural visual berm. All fuel and non-fuel tanks of potentially hazardous materials are regulated by the Environmental Protection Agency(EPA)under a Spill Prevention Containment and Control Plan(SPCC Plan). Tower Pit 12 JT c��rty;1&voxwanal tssotialn..1'1 February 2019 The SPCC Plan will be placed in the mine office and the employees will be trained to take the appropriate steps for inspections and spill response in case of a spill. All portable plants will have their own tanks built into the plant that have built-in secondary containment and are covered under their own portable plant SPCC Plans. If any fuel spill is encountered,the contaminated material will be removed from the site within 72 hours. Spill kits will be kept onsite. The county health department will be notified in the case of any toxic or hazardous substance, including spills of petroleum product in excess of 25 gallons. Final reclamation of the site will see the removal of all tanks. Each year's annual report will dictate the quality and status of all tanks, secondary containment, and spill kits. Two primary hazardous material discharges (spill) situations exist at Tower Pit: a minor and a major. A minor spill is the most likely. This can be an overturned oil drum, a leak from a diesel line, or other similar discharge. In the even that such a spill is encountered, the flow chart below should be used as a guide. A spill kit will be kept near all plants and hazardous material storage during the life of the Tower Pit. These kits consist of sorbent materials,personal protective equipment, and a container for gathering and disposing of contaminated soil. The SPCC plan for the site will comprehensively address the size, quantity, and quality of the chemical storage onsite. These plans are administered by the Environmental Protection Agency(EPA) and will be available onsite for inspection at the request of any regulator. All employees will be trained according to the SPCC Plan and EPA guidelines for spill prevention, containment, and control. Tower Pit 13 a,riX lewn A.and 4.4..l F t.Ll February 2019 i r 3) _ a v to — c 3 Ir. 3 oY .al L c o m —C `o c 'Q � C U c E J L- a c 2 atl CO v 3 c •o c ` L al > C ., C .0 ✓ .� N m U' C 4' CO �- C Y a) OD C u C v CO t1 LL c i 3 = ,,, .0 0 v d M U O O C v O .•+ U = CO Ct0 u u ,, 7 11 CO w v — 0 ` H w Z / C 0 a) COCO O p a • , / ` ~ \ E CO M W / rc X > v Z a v o0 r a — c U CU▪ 0 C L C d0 C v a.+ .... fa C E \ C C O 3 0) N v c > 0 0) a) o°o= C c 61 to - 4-— Cu''a N •- -o '•0 0 C a) _ • a) .,-;) U •C 0 a.) •Q m ti CO .1.-2v c r*o .1.-. C L ''i = c- WW -..c m w/ C v C / v v c > -,.a' 22 v L = ° L.0 › Wil U ro a) vi 4- v +. fl > m C c C vao — v - F. > c a •3 _o a ri 3) C / a) Z.15m- O. CU i ♦ 3 m c CO a LLro s CO 01 j. to C > 4 a) = m ., a4-• ._ ) 0 +-• 4- V, � .aa rO aci u y .� v c v > tO ^ C " ti 7 ti N 0 .. a) u t / .L.+ C ruo O m t — 0 L O • C O .m. N C C H = Z l I- -o l / . O FL- 3 • R o a) 6' U CO / Z L O 46 v v / � � E. J • a o .. a a) Z O C 2 > ^ ro .-, a) U v -.5 _ L \ a+ a u . >. \ r i M v O _l^ rti J 4_, 0N Vr O `) cc' \ / / = o r • O — CO Y V' Z w O L 3 ro m 0 L rl a a) M X a) O M1' v ,Z V' U v 7. 3 > c v -a i v v v _ r..4ro L C u 'n Y .4=' 7 0 0 .' O0 `� 7 •u co - Y ro7 y O rC > a .," > da of L.. Is a u U- v V' c N aVI v L I � y Due to the secondary containment of the oil and fuel tanks on site, and the 3rd level of containment, which is the natural visual berm, the possibility of a major discharge to the Eagle River is very unlikely. A "major" discharge is defined as one that cannot be safely controlled or cleaned up by facility personnel, such as when: • The discharge is large enough to spread beyond the immediate discharge area; • The discharged material enters local water; • The discharge requires special equipment or training to clean up; • The discharged material poses a hazard to human health or safety; or • There is a danger of fire or explosion. In the event of a major discharge from the site, the following guidelines apply: • If there is a chance of an ignition or any other condition that would put the site personnel at risk, all workers must immediately evacuate the discharge site via the designated access road. • If the Facility Manager is not present at the facility, the senior on-site person notifies the Facility Manager of the discharge and has authority to initiate notification and response. Certain notifications are dependent on the circumstances and type of discharge. For example, if oil reaches a sanitary sewer,the publicly owned treatment works (POTW) should be notified immediately. A discharge that threatens the Eagle River may require immediate notification to downstream users. The Facility Manager(or senior on-site person) must call for medical assistance if workers are injured. • The Facility Manager(or senior on-site person)must notify the Fire Department or Police Department and Eagle County Environmental Health. • The Facility Manager(or senior on-site person)must call the spill response and cleanup contractors listed in the Emergency Contacts list in this section. • The Facility Manager(or senior on-site person) must immediately contact the CDPHE Colorado Office of Emergency Management: 303-273-1778 and the National Response Center(888-424-8802). TOwer Pit 15 a',I(Ng pAw:rk and Ass.aciale,,II L4 February 2019 • The Facility Manager(or senior on-site person)must record the call on the Discharge Notification form in this section and attach a copy to this SPCC Plan. • The Facility Manager(or senior on-site person) coordinates cleanup and obtains assistance from a cleanup contractor or other response organization as necessary. Immediate clean up and control of the spill will be completed within 72 hours of discovery,with long term clean up complete within 30 days.Additional long term monitoring will be conducted as needed depending on the type and size of spill. If the Facility Manager is not available at the time of the discharge,then the designated senior personnel onsite assumes responsibility for coordinating response activities. 9_l Fuel Handling Practices Fueling will take place in two ways at the Tower Pit. A mobile fuel truck will travel to equipment within the active pit, such as the crusher, and fill their diesel tanks directly. Also, a fuel farm will be maintained in the facilities area to service mobile equipment that travels to or operates in the facilities area. Refueling at the fuel farm will take place at a designated location adjacent to the fuel farm. This location will have an impermeable floor, such as concrete,that drains back to the secondary containment of the fuel farm. A spill kit will be maintained at the fuel farm. Tower Pit 16 X <,reg Fa w..I. and Assona/r F'LF e' February 2019 RECLAMATION PLAN 1. General Reclamation Plan Reclamation will be conducted concurrently with mining. Topsoil will be stripped from areas prior to mining, and either directly placed on areas ready for retopsoiling, or stockpiled for use in future reclamation. Topsoil will be placed on reclamation areas at a depth of six to twelve inches. As areas of mining are completed, they will be backfilled and graded to the final topography, then topsoiled and revegetated. This will lead to the mining and reclamation proceeding in tandem across the site. The anticipated maximum disturbed are at any one time is 10 acres. This area is shown on Map C-2. The natural visual berm along the north side of the site will remain as the stormwater control berm following reclamation. Slope revegetation on the south side of the mining area can be seen for each phase on Map C-2. The final reclamation condition of the site will be a flat to gently sloping floor that extends from US-6 to the 2H:1 V slope adjacent to the airport. This site will be reclaimed for future commercial development at the landowner's request, and therefore will be partially revegetated. The site is 38 acres in size, with 22 acres being left as a gravel floor on the pit bottom and 16 acres of slope being revegetated to rangeland. Map F-1 shows the final reclaimed condition of the site. The site will be reclaimed in preparation for future commercial development, and thus will be partially revegetated to rangeland along the slopes while remaining graveled on the bottom flat. The stormwater berm and sumps will remain in place after reclamation. Revegetation will be conducted each year in the fall. Mined out ground from that mining season will be topsoiled as mining advances,which will leave an area at the end of each season that can be revegetated. Eagle Rocks is keenly interested in minimizing the time between mining being complete in an area and revegetation taking place. This is part of the reason for mining to final slope instead of backfilling. By mining to finalslope, Eagle Rocks can topsoil and revegetate portions of the south slope before mining has reached full depth. This is atypical of mining operations in western Colorado, as most mine to a steeper slope than final to maximize extraction, and then backfill to the final reclaimed slope. Mining to the final 2H:1V slope will leave some material behind, and thus some revenue is given up, but will ultimately facilitate faster reclamation of the site. Tower Pit 17 ik and ncs n•lru,1':.d,[ February 2019 Each season, Eagle Rocks will conduct a review of the site, typically in August, to determine how much ground is ready for reclamation. This will be ground that was topsoiled during that mining season. Seeding and mulching will be conducted on these topsoiled areas. All revegetation should be done before the first snows fall in the Gypsum area. 2. Reclamation Phasing Mining and reclamation at the Tower Pit will occur contemporaneously. There will be no typical phases of activity, where one activity completes before the other begins. The phases as shown on Map C-2 show the mining and reclamation operations at different points in the mine's life. 3. Post-mine Facilities All mining equipment will be removed from the site following mining, with the exception of equipment the landowner owns that is to be stored on the property.No permanent structures will be in place on the property following reclamation. All plants are portable, and thus can be moved. The office trailer is also portable. All foundations will be removed. 4. Backfill and Grading Mining will take place to the final topography shown on Map C-2 and F-1.No backfilling or grading is required once mining is complete. Excess overburden onsite may be used to reduce the south slopes or even out the site floor. The steepest slopes onsite will be 2H:1 V. Tower Pit 18 a; 9a.».« an+l,i v ewlrt,Ni,t,i February 2019 5. Topsoil Replacement Plan Topsoil will be replaced to a depth of 12 inches in all areas to be reclaimed as Rangeland. The rest of the site, other than the access,will be reclaimed to a gravel floor for an industrial yard. The table below shows an area breakdown. Table 1 —Post Mining Land Uses Post Mining Land Use Acreages Rangeland 15 Access <0.5 Industrial yard 21.5 Total 37 Topsoil will be ripped prior to seeding to prevent compaction of the seed bed. The vast majority of the topsoil will be directly placed on ready to reclaim slopes as the mining operation progresses through the site. Topsoil from initial stripping that was stored in the facilities area will be used in reclaiming portions of the site as mining nears completion. Seeding of topsoil will take place within 15 days of its placement. 6. Revegetation Plan Seed will be placed on the rangeland areas of the site as shown on the Landscape Plan and Map F-1. Areas outside of the designated rangeland area will be graveled for use as an industrial yard. Revegetation at the Tower Pit will consist of seeding to develop rangeland vegetation to prevent soil erosion. As much as is practical,woody vegetation removed prior and during topsoil stripping will be directly placed in the concurrent reclamation areas to encourage restoration of those species. Slopes will be ripped and roughed prior to seeding to prevent seedbed compaction. A drill seeder will be used for all seeding, except the 2H:1V slope, which will be either broadcast seed(at twice the drill seed rate) or hydroseed. Erosion mats or similar techniques will be used on the 2H:1 V slopes to prevent loss of seed or seedbed. Table 3 shows the proposed seed mix for revegetated areas. The same seed mix will be used on topsoil and overburden stockpiles that are in place more than 90 days. Tower Pit 19 �1. 4 rcg BAw,x and 1s+.reintr.,PI,Y.< February 2019 J' Table 2—Rangeland Seed Mix Common Form PLS Name Ibs/acre* Sainfoin Seed 2.5 Bromine Seed 1.6 Smooth intermediate Seed Ell Whe. .s .ss Pubescent Seed 2.25 Wheatgrass Orchard Seed 0.3 7. Weed Control The operator will survey the site for county and state listed noxious weeds every April and October. Any weed infestations that are identified will be sprayed within an appropriate herbicide according to best management practices determined by Eagle County Weed and Pest Department. Infestations found during topsoil stripping will be buried in the reclamation topsoiling process. If weed infestations persist following spraying or burial, Eagle County Weed and Pest Department and the local Natural Resource Conservation Service office will be consulted for additional steps to be taken. 8. Reclamation Drainage Following reclamation of the site, drainage directions will continue to be mostly south to north. Since the flat areas of the site are being reclaimed to an industrial yard, and not being revegetated,the natural stormwater berm and sumps will remain onsite following reclamation. This will continue to contain the stormwater from 100-YR 24-HR events onsite for the industrial yard. 9. Reclamation Success Criteria Reclamation success will be determined by both the Colorado Division of Reclamation, Mining, and Safety as part of their permit process, and by the Eagle County Department of Environmental Health. Successful reclamation at the Tower Pit will be achieved when the Tower Pit 20 ' February 2019 ' .. ,.,. rangeland slopes on the south side have sufficient vegetation to prevent erosion and when the site floor is completely graded and graveled. In the event that the reclamation has failed in an area of the site (ex: vegetation has died off on a section of slope), that area will be re-graded, re-topsoiled, re-graveled, re-seeded, etc. as needed. Since the maximum ongoing disturbance of the site is only 10 acres, it will be in the operator's best interests to succeed at reclaiming areas that have been mined out as the operation progresses. Tower Pit 21 n�lrwr-.k ani 4n',ineli 1'1..A February 2019 PERMIT COMPLIANCE PLAN The following permits are necessary for the operation of the Tower Pit. Also listed is the contact information for that regulator, and what reporting requirements said permit has. Permit and Agency Contact Information Reporting Requirements Colorado Division of Reclamation,Mining, 1313 Sherman St,Rm 215 Annual report of mining and and Safety 112(c)Construction Materials Denver,CO 80203 reclamation activity conducted Reclamation Permit PH:(303)866-3567 onsite in the previous calendar year Colorado Department of Public Health and 4300 Cherry Creek S Dr, Ongoing reporting of Environment Fugitive Dust Permit Denver,CO 80246 production and maintenance of PH:(303)692-3100 dust suppression control logs Eagle County Special Use Permit 500 Broadway St, Copy of annual reclamation Eagle,CO 81631 report PH:(970)328-8755 Town of Gypsum access permit 50 Lundgren Boulevard None PO BOX 130 Gypsum,CO 81637 PH:(970)524-7514 Mine Safety and Health Administration District Office Maintain accurate records with P.O.Box 25367,DFC MSHA Denver,CO 80225-0367 PH:(303)231-5465 Federal Aviation Administration 7460 Federal Aviation Administration None Determination Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth,TX 76177 PH:(206)231-2990 Tower Pit 22 9:n�• AV,in and.4,s..eialrs,PI •,' February 2019 APPENDIX 1 - MAPS Tower Pit 23 ` reg(rk.con2cr. And,,5„•t1:Ate,,1'1 February 2019