PERMFILE119942

• Permit No: M2002111
• IBM Index Class Name: Permit File
• Doc Date: 10/14/2003
• Doc Name: Appendices to Revised Application
• From: Greg Lewiski & Associates
• To: DMG
• Media Type: D
• Archive: No

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STATE OF COLORADO
• Bi11 Cravens, Governor
lane E. Norton, Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
43D0 Cherry Creek Dc 5. Laboratory and Radiation Services Division *~*
Denver, Colorado 80246-1530 8100 Lowry Blvd. *,
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Phone [phone] Denver, Colorado 00230-6928 t B~6
TDD line [phone] [phone] Colorado Departure
Located in Glendale, Colorado
of Public Health
bttp;//www.cdphesnte. co.oe and Environment
CERTIFIED MAII. No.: ~- `~~"~ ~ ~ g-.~
Return Receipt Requested- --r
January 24, 2002
Keith Holder
Fruita Marketing and Management, Inc.
140 North Mesa
Fruita, CO 81521
RE: Conditional Approval to Conduct Mining Activities in Subarea 3
Fruita Refinery, COD983774654, Compliance Order No. 98-06-OS-01
Dear Mr. Holder:
• 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 Fruita Refinery, located in Fruita,
Colorado (the Facility). The Facility, including the area to be mined, is owned by Fruita Marketing and
Management, Inc. (FMM), and is currently subject to the requirements of Compliance Order No. 98-06-05-01 (the
Order), issued to FMM by the Department pursuant to its authority under section 2S-t 5-308(2), C.R.S., of the
Colorado Hazardous Waste Act.
The subject area, known as "Subarea 3" (see Attachment I), has 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 are present in the shallow overburden in the
northem 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 be
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 environmenta] issues,
the Deparhnent 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-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.