State puts Grand Park, Blue Valley Ranch on notice
Regulators give developers deadline to respond to allegations of water pollution
Water pollution concerns have prompted the Colorado Department of Public Health and Environment to issue separate notices to two developers in Grand County.
In Kremmling, Blue Valley Ranch received notice dated April 13 for allegedly failing to submit monitor data for its wastewater treatment plant since December 2019. For that violation, Blue Valley Ranch faces a $3,000 fine.
At the Grand Park development in Fraser, a state representative inspected the Elk Creek Condos, the Meadows and a storage facility in early April and found the facilities were discharging “sediment-laden stormwater” into Elk Creek and the Fraser River.
In the report, the inspector noted there were no control measures around multiple locations at the Elk Creek Condos and the Meadows that allowed stormwater discharges or increased the potential for them.
“As a result of these deficiencies, there was an actual discharge of stormwater offsite,” the notice alleges. “Stormwater runoff in this area flows northeast to a drainage ditch prior to discharge to Elk Creek.”
Altogether, regulators found three sites they believed were operating in violation of the Colorado Water Quality Control Act, its regulations or a discharge permit.
In addition, based on inspections in September 2019 and August 2020, Elk Creek Condos and the Meadows were found to have incomplete stormwater management plans, multiple stormwater control measure concerns and incomplete inspection records. The storage facility on Old Victory Road is alleged to not have a discharge permit.
The notices alleged that “Grand Park Development failed to implement, select, design, install, and maintain control measures in accordance with good engineering, hydrologic, and pollution control practices to minimize the discharge of pollutants from all potential pollutant sources.”
Reached Monday over the phone, Grand Park developer Clark Lipscomb refuted state officials’ assessment and asserted that his developments have always followed the terms of their permits.
“We have followed those permits to a T,” Lipscomb said.
He added that Grand Park would respond to the state accordingly and provide proof that all of the regulations in all of the development’s plans have been closely followed. Lipscomb also disputed the conclusions of state’s April 2 inspection, in which regulators reportedly noticed the stormwater discharge and control measure concerns.
“It was snow-covered, so they couldn’t tell whether the control measures were there or not, but what I can tell you is there’s not any discharge leaving our property,” Lipscomb said.
The state also issued a notice of violation for the Mill Avenue apartments for starting construction without a discharge permit, but Lipscomb said state officials did so by mistake. The project had a permit under the Grand Park name before it was updated later with the Byers Peak Properties, according to permit documents provided by Grand Park.
Lipscomb said he expects that all of the notices will be addressed without consequence. Grand Park has 30 days from April 20, when the notices were issued, to respond to each alleged violation. A response has already been sent regarding the Mill Apartments.
If the state rejects the developer’s responses, the Colorado Department of Public Health and Environment could impose up to $10,000 per day in penalties. The state could also require Grand Park to hire a consultant to ensure compliance.
The notices state that the CDPHE investigation is ongoing and may supplement the notice with additional violations and required further actions.
CDPHE also issued a notice of violation to Blue Valley Ranch for failing to submit monitoring data for its wastewater treatment plant since December 2019, and the ranch is required to begin submitting the monitoring data for the treatment plant.
The notice received by Blue Valley Ranch adds that the CDPHE investigation is ongoing and may supplement the notice with further violations and required actions.
Like Grand Park, Blue Valley Ranch has 30 days to respond. Blue Valley Ranch representatives did not return the newspapers’ requests for comment.
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