PERMFILE51122

• Permit No: M2002111
• IBM Index Class Name: Permit File
• Doc Date: 1/29/2003
• Doc Name: Groundwater Data Maps and Pertinent Correspondence
• From: CDPHE
• To: DMG
• Media Type: D
• Archive: No

STATE O~ COLORADO
BIII Owens, Governor
Jane E. Norton, E%eeutive Director
4edlcared to prorecting end improving 6he health artd envfronmentof the people o£Colorada
4300 Cherry Creek Dr. 9. ~ Laboratory and Radiation Services Division 'r x
Denver, Colorado 80246-7530 8700 Cowry Blvd, ~ ~
Pfione (3031692-2000 Denier, Colorado 80230-b926 e7
TDD line [phone] [phone] Coloepartme
Located In Glendale, Colorado OF
httpJ/www,cdphe.state.ca.us Envuantaeat
CERTIFIED MAIL No,: 01- ~~~~, ~ 7 g~
Return Receipt Requested
January 24, 2002
Keith Holder
Fnzita Marketing sari Management, Inc.
140 North Mesa
Fruits, CO 81521
RE: Conditional Approval to Conduct Mining Activities in Subarea 3
FntitaRefinery, COD983774654, Compliance Order No. 98-06-OS-01
Deaz Mr. Holder: '
The Colorado Departrnent of Public Health and Bnvironmeut (the Department) is issuing this letter in regard to a
progosed sand and gravel mining project to be conducted on a portion of the Fruits Refinery, located in Fruits,
Colorado (the Facility). The Facility, including the azea to be mined, is owned by Fruits Marketing and
Management, Inc. (FMIvi), and ie ctmentty subject to the requirements of Coaxpliance Order No. 98A6-OS-OI (the
Order), issued tc FMM by the Department pursuant to its authority under aeotioa 25-15-308(2), C1LS., of the
Colorado Hazardous Waste Act.
The subject area, lmown as "Subarea 3" (sae Attachment l7, has been iluvestigated under the Department~ppmved
Soil ChaiacterizatioaFlan for the Faoifity, in accordance with the requirements of the Order. The results of that
investigation generally iadioate that hydrocarbon-contaminated sails aze present in the shallow overburden in the
northern half of Subarea 3, and free-phaee product has been detected in two wells installed near the northers
(upgradient) bbundsiry of the subarea. Management end disposal of this contaminated soil as solid waste will he
addressed under a Waste Management Contingency Plan developed far the miaiag activities, as wall as
contingencies for product mitigation should it be encountered during ramiag. Despite these environmental issues,
the Department believes that mining consistent with the conditions outlined in this letter is appropriate for
Subarea 3,
Approval is hereby granted under Compliance Order No. 98-06.05-01 for use of that poraan of the property
known as "Subarea 3" for the proposed mining activities so long as the following coaditioas are met:
1. The mixing activitiee are strictly limited to the confines of Subarea 3 ae depicted in Attachment I,
2. The Waste Management Contingency Plan (WMCP) developed to guide waste aanagement practices
during the minin g activities is finalized and approved by the Department prior to say groundbreaking for
mining.