PERMFILE114568

• Permit No: M2002111
• IBM Index Class Name: Permit File
• Doc Date: 10/25/2002
• Doc Name: Exhibits
• From: Greg Lewicki & Associates
• To: DMG
• Media Type: D
• Archive: No

at,~ ... _ea,..,
~-~~ ~,/
STATE OF COLORADO
Bill Owens, Governor
Jane [. Norton, Executive Director
Dedicated to protecting and improving the health and environment of the people o(Colorado
4300 Cherry Greek Dc S. Lahora[ory and Radiation Services Division
Denver, Colorado 80246-1530 6100 Lowry Blvd.
Phone [phone] Denver, Colorado 80230-6926
TDD Line [phone] [phone]
Located in Glendale, Colorado
Itttp://www.cdphes[ate.co, us
CERTIFIED MAIL No.: ~. `7 -~ ~ ~ `~ g-~
Return Receipt Requested
January 24, 2002
Keith Holder
Fruits Marketing and Management, Inc.
140 North Mesa
Fruits, CO 81521
RE: Conditional Approval to Conduct Mining Activities in Subarea 3
Fruits Refinery, COD983774654, Compliance Order No. 98-06-OS-O1
Dear Mr. Holder:
Colorado Departure
of Public Health
andEnvironment
The Colorado Department of Public Health and Environment (the Department) is issuing this letter in regard to a
proposed 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 area to be mined, is owned by Fruits Marketing and
Management, Inc. (FMM), and is currently subject to the requirements of Compliance Order No. 98-06-OS-O1 (the
Order), issued to FMM by the Department pursuant to its authority under section 25-15-308(2), C.R.S., of the
Colorado Hazardous Waste Act.
The subject area, known as "Subarea 3" (see Attachment I), bas been investigated under the Department-approved
Soil Characterization Plan for the Facility, in accordance with the requirements of the Order. The results of that
investigation generally indicate that hydrocarbon-contaminated soils aze present in the shallow overburden in the
northern half of Subarea 3, and free-phase product has been detected in two wells installed near the northern
(upgradient) boundary of the subarea. Management and disposal of this contaminated soil as solid waste will he
addressed under a Waste Management Contingency Plan developed for the mining activities, as well as
contingencies for product mitigation should it be encountered during mining. Despite these environments] 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-OS-O1 for use of that portion of the property
known as "Subarea 3" for the proposed mining activities so long as the following conditions are met:
1, The mining activities are strictly limited to the confines of Subarea 3 as depicted in Attachment I.
2, The Waste Management Contingency Plan (WMCP) developed to guide waste management practices
during the mining activities is finalized and approved by the Department prior to any groundbreaking for
mining.