2015-10-27_REPORT - M2008022 - Laserfiche WebLink

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INTRODUCTION Elam Construction, Inc. (Elam) is proposing to reclaim a portion of the Bunn Ranch Gravel Pit in order to mitigate for impacts to wetlands at the Breeze Basin Gravel Pit, both near Craig, Colorado (Appendix A, Figure 1, USGS Quad Maps Attached). The project would create a minimum of 2.34 acres of functional wetlands in order to mitigate for 0.78 acres of wetlands impacted as described in the Findings of Violation and Administrative Order for Compliance, Docket No. CWA-08-2010-0035 (hereafter referred to as "the Order"), issued by the Environmental Protection Agency (EPA) on September 27, 2010. This document is a proposal to satisfy requirements set forth in the Order, with the objective to detail the procedure for the creation of approximately 3 acres of wetland to replace wetland functions and values impacted at the Breeze Basin Gravel Pit. Furthermore, it is intended to preserve and protect these areas from potential impacts or development in the future. I. PROJECT DESCRIPTION A. Location of Project The Breeze Basin Gravel Pit (the violation area) is located at 5801 Highway 394 Craig, Colorado, in Section 3, T6N, R9OW, 6th P.M. The project area can be accessed from Highway 40 by turning south on Hwy 789 and following this road approximately 1 mile south across the Yampa River to Hwy 394. Travel approximately four miles east on Hwy 394, where the property can be accessed through the Brennise property driveway at 5801 Hwy 394 (Figure 2 and quad sheet Ralph White Lake, Colorado). The project area consists of a 62 -acre mining permit area; the property has been historically utilized as agricultural and grazing pasture land. The Bunn Ranch Gravel Pit (the proposed mitigation site) is located east of Craig, Colorado, in Section 6, T6N, R9OW, 6th P.M., approximately 3.25 miles downstream of the Breeze Basin Pit. Because access to the site is only available through a working gravel pit, all visitors are required to check in at Elam's main office and be guided through the pit to the proposed mitigation site. The Elam Construction office is located at 1848 East 1St Street in Craig, Colorado. The property borders Moffat County and City of Craig land to the south and west, and Elam owner property to the north (Figure 3 and quad sheet Craig, Colorado). B. Summary of Overall Project 4B Land & Livestock, LLC, was granted a permit to mine the Breeze Basin Gravel Pit on Dec. 4, 2008 (permit #M-2008-022). Elam has leased the right to operate the pit. Meetings with the Corps of Engineers (COE) indicated that the mining plan, as presented, did not require a COE permit as long as controls were observed (i.e., No Fill Zone) to ensure that there was no fill placed in the wetland footprint (COE 2009; WWE 2008). Unfortunately, an internal miscommunication resulted in fill being inadvertently placed in a wetland, violating the Clean Water Act (CWA). The COE notified the EPA and the EPA issued Scott and Sheila Brennise, 4B Land and Livestock LLC, and Elam Construction, as responsible parties, a Findings of Violation and Administrative Order for Compliance, CWA- 08-2010-0035. Elam has assumed full responsibility for the violation and all actions required WestWater Engineering Page 1 of 24 July 2012