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2016-05-20_GENERAL DOCUMENTS - C1981035
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2016-05-20_GENERAL DOCUMENTS - C1981035
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Last modified
8/24/2016 6:22:22 PM
Creation date
6/15/2016 9:46:35 AM
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DRMS Permit Index
Permit No
C1981035
IBM Index Class Name
General Documents
Doc Date
5/20/2016
Doc Name
Citizen Complaint Federal Permit No. CO-0106A
From
Wild Earth Guardians
To
OSM
Permit Index Doc Type
General Correspondence
Email Name
DIH
RAR
Media Type
D
Archive
No
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Stormwater has additionally been addressed via the State Division of Reclamation Mining and Safety's <br />Technical Revision 25 in which DRMS requested as -built certifications for certain surface water structures. <br />Form TR -25, by the Division, was issued on December 17, 2015. <br />Parkin¢ (LPLUC Sec. 82-175) <br />La Plata County Land Use Code parking requirement for an industrial use is one space/employee. The <br />applicant's site plan reflects a total of 90 parking spaces (measuring 9' x 18') 82 for the mine office and <br />bathhouse, and eight (8) for the scale house and dispatch building. The total projected number of employees <br />is 165, although due to various working shifts, a maximum of approximately 87 employees would be present <br />at any time, and therefore the 90 spaces are adequate. Of the 90 spaces, seven are identified as "ADA <br />accessible" (1 ADA per 15 spaces/designed). <br />Unfortunately, the applicant's submission materials do not clearly specify designed compliance with this <br />federal requirement since they don't clearly show that they have accommodated these spaces (they are crudely <br />shown at the same scale as all spaces identified on their site plan and further do not even provide minimum <br />specifications for a typical ADA -compliant space; identifying a 12'x20' space with adjacent 5' access aisle, <br />appropriately marked/identified; and with minimum required signage). Providing this data is simply including <br />a specification which reflects the federally -regulated, designated ADA -compliant space on a site plan; with <br />the site plan showing that those spaces can fit where they are indicating they will be accommodated. <br />The applicant's narrative calls out the parking lot as gravel and treated with a dust retardant. LPLUC Sec. 82- <br />175(d) requires parking lots of greater than 10 spaces to be surfaced with an all-weather material, such as <br />concrete, asphalt, or other similar surface approved by the director. The upper 82 upper parking spaces in the <br />submitted site design, therefore, are not compliant with the adopted code requirement for an all-weather <br />surface, ADA specifications, drainage calculations, and associated erosion control plan (LPLUC Sec. 82-175). <br />If the applicant planned to perform this work later, they did not provide any documentation showing that they <br />have, in good faith, designed and considered such improvement in order to be compliant with the adopted <br />code. <br />Landscaping and Buffering (LPLUC Sec. 82-165) <br />See "Compatibility" analysis below, under Truck Volumes. <br />V. STATE AND FEDERAL AGENCY REVIEWS <br />GCC Energy holds lease agreements and permits with other state and federal agencies as shown on <br />Attachment 11. <br />Other jurisdictions include, but are not limited to: <br />1. Bureau of Land Management (BLM) — Federal authorization of coal lease <br />2. Office of Surface Mining (OSM) — Federal regulation of coal mining activity and reclamation. <br />3. State of Colorado Division of Reclamation Mining and Safety (DRMS) — Authorizes mining <br />operation <br />4. Colorado Department of Public Health and Environment (CDPHE) — Stormwater, spill prevention, <br />water treatment, air quality <br />One obvious complication to complementary local, state, and federal jurisdiction is that the various agencies <br />permits do not always have the same time constraints. For example, although the proposed activities are not <br />anticipated to change surface operations requiring a new or amended land use permit, GCC is currently <br />Project No. 2012-0089 PC <br />4852-5627-2942, v. 3 <br />Page 12 of 32 <br />(DM, VS, DP) <br />
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