Laserfiche WebLink
mitigation; however, this site is susceptible to disturbances from planned mining <br />and reclamation activities. <br />f. Site 6 is a mined pit that is no longer active. The pit has been left open and exposes <br />and water. The current surface area of the pond is approximately 3 acres. The site <br />is located just west of an asphalt plant and is frequently used for stockpiling and <br />aggregate material sorting. This site is subject to heavy vehicle traffic and would be <br />difficult to protect. <br />Site 7 is a mined pit in the southwest corner of the property. This area is <br />periodically used to stockpile overburden and topsoil and is away from most day to <br />day activity at the mine. The site provides access to a potential mining area to the <br />north. An existing two-track road to the mining area to the north and around the <br />mitigation area will be maintained. The center of the mitigation area consists of a <br />small pond, currently 3.6 acre surface area. Elam has been gradually filling this <br />pond with overburden over time. Under the submitted reclamation plan this area <br />was to be returned to pasture land when it is reclaimed. Elam has expressed interest <br />in creating wetlands in this corner of the property and imposing deed restrictions to <br />ensure its protection (Appendix B). The deed restriction area, (Figure 7), is <br />approximately 11.3 acres and includes at least 600 lineal feet of Yampa River front <br />and 4.5 acres of riparian floodplain, in addition to any created wetland or reclaimed <br />upland area. Although the deed restriction area encompasses a portion of the <br />Yampa River and its riparian flood plain, no work will occur in this area. All <br />construction will occur in upland above the natural flood plain of the River. No <br />COE permitting will be required in the proposed mitigation area. The site appears <br />to be suitable for wetlands establishment and is secluded from potential <br />disturbances. Site 7 is the preferred mitigation area by WWE and the COE. With <br />successful implementation of the plan, the mitigation site is expected to provide a <br />higher quality wetland than the violation site. <br />3. The mitigation site is zoned and administered under Section 460 of "H-I" HEAVY <br />INDUSTRIAL DISTRICT of the Moffat County land use code. <br />The "H-I" District is intended to provide for the manufacture, fabrication and/or <br />processing of any commodity, including those that usually create excessive amounts of <br />smoke, noise, fumes, vibration, or other deleterious effects. Where possible, the <br />District shall not abut a residential or business district. All regulations for this District <br />are deemed the minimum necessary for the mutual protection of industrial users and for <br />the securing of the health, safety and general welfare of the public. <br />Elam Construction, Inc. has legal and equitable interest in the (11.78) acres it is <br />proposing to mitigate and resolve violations found at its Breeze Basin Pit CWA -08- <br />2010-0035. As stated previously, the Bunn Ranch location is part of an active <br />aggregate mining operation permitted under DRMS permit number (M-1980-131). The <br />location is currently managed as part of the permit and is currently following the <br />reclamation plan attached as Appendix D which includes appropriate bonding held in <br />escrow by DRMS that will lead to its ultimate disposition as a reclaimed upland <br />pasture. If the mitigation is accepted through the violation resolution process, Elam <br />g. <br />WestWater Engineering Page 11 of 24 July 2012 <br />