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Home My WebLink About20102962.tiff C01, rI 4/ Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970)353-8310 Fax(970)353-4047 Monday 13 December 2010 To: Michael Cunningham, EPS Colorado Office of Mined Land Reclamation 1313 Sherman Street, #215 Denver, Colorado 80203 From: Varra Companies, Inc. co t'-f Bradford Janes, Professional Forester Subject: M-2010-049 Western Sugar Reclamation Land Development Project - Reply to the Colorado Office of Mined Land Reclamation (Office) Preliminary Adequacy Review correspondence of 4 October 2010. Dear Michael: For greater continuity and ease of reference, we have iterated your comments necessitating a reply according to its respective item, iterated in a graphical box, with our comments in blue following: 6.4.3 Exhibit C - Pre-Mining and Mining Plan Map(s) of Affected Lands 1. Rule 6.4.3(g) requires the applicant to identify the owners of any significant, valuable and permanent man-made structures within 200 feet of the affected land. Please revise Exhibit C-1: Existing Conditions Map, so that the owners of all structures on and within 200 feet of the affected land may be identified. A revised Exhibit C-1 : Existing Conditions Map is included with this submittal. 2. The Division was unable to identify the location of the property owned by Doeringsfeld & Aratas Partnership (Property No. 096109100001). Please specify the location of this property in relation to the proposed permit boundary of the mine site. Van-a Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation (OMLR) 1 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970) 353-8310 Fax(970)353-4047 The parcel number has been placed within the adjacent parcel to the east, on the revised Exhibit C-l: Existing Conditions Map included with this submittal. 3. The Mining Plan states the site lies within the floodplain of the Cache La Poudre River. Please revise Exhibit C-2: Extraction Plan Map to show the extent of the FEMA designated flood plain for the Cache La Poudre River relative to the affected area. The extent of the FEMA designated flood plain and floodway are shown on the revised Exhibit C-l: Existing Conditions Map and revised Exhibit C-2: Extraction Plan Map, included with this submittal. 4. Please identify the location of plant growth and medium stockpiles on Exhibit C-2: Extraction Plan Map. Since extraction activity is dynamic, not static, stockpile locations are generally described to be located along basin perimeters and within the planned processing area of Tract A. Other locations along or near Tract A where it does not otherwise obstruct operations may be utilized as well. While stockpile heights and dimensions may vary, generally, soil along basin perimeters will be placed in windrows approximately 5.0± feet in height, but along or near Tract A will be limited to equipment and may approach 30.0± feet in height or greater. All soil stockpile locations and volumes can be identified on the Annual Report Map, which will better identify dynamic placement of soil, not only for stockpiling pending reclamation, but areas where placement for reclamation has occurred. Varra Companies, Inc.correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 2 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970) 353-8310 Fax(970)353-4047 6.4.4 Exhibit D — Mining Plan 5. Please specify the depth of overburden or waste rock that must be removed to reach the deposit. The deposit lies within the floodplain/floodway of the Cache La Poudre River. The soils are poorly formed and fall within the category of soils known as entisols and inceptisols that exhibit little to poor soil formation. The soil is generally a product of agricultural practices which create a plow layer near the upper six inches of the soil profile, to the extent it exists. Since soil formation is poor it can also vary dramatically, resulting in little to no soil formation where aggregate is directly exposed at the surface. For these reasons, soil salvage will remove the upper six inches first, salvaging what organic matter, fines, etc, that comprise what should be the `topsoil,' while removing for processing, any exposed or underlying materials. Overburden, in this instance is not anticipated, and that material not removed, or amended, for purposes of recoiling affected lands, will be sold as construction materials, including soils in excess of that needed to revegetate the resoiled areas. 6. The Mining Plan states the mean static ground water level is 8.0 feet from the surface as indicated in a report prepared by Applegate Group, Inc. for the Western Sugar Cooperative. Please provide the Division with a copy of the Applegate Group report and any other sources that were used to characterize the aquifer. Drill logs were used from the Applegate Group report as a reasonable estimate of groundwater elevations. The logs reveal deposit information and should be treated by the Division as confidential, and are not included in attachments to the copy of the submittal placed at Weld County Clerk to the Board of County Commissioners. Vain Companies, Inc.correspondence to the Colorado Office of Mined Land Reclamation (OMLR) 3 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970)353-8310 Fax(970)353-4047 7. The Mining Plan states the pits will be dewatered to accommodate dry mining. Please describe the dewatering setup in detail. In addition, please specify the location of the discharge points for each of the tracts. Included with this submittal, please find the application and subsequent approved Stormwater Discharge Permit as issued by the Colorado Department of Public health and Environment. Also included is a formal stormwater management plan, showing the management and direction of flow of stormwater, as well as point discharge locations as identified in the accompanying maps. Discharge during extraction will be directed into the existing upland drainage seep where the waters make their way to the Cache La Poudre River. Discharged water will be settled into small 1.0± acre depressions within the Tract areas to be extracted, prior to entry into the seep. 8. Will the applicant construct a sediment pond as part of dewatering operations? If so, please provide the dimensions of the pond, the location and a description of how the sediment pond will be reclaimed. The small sediment structures described in Item #7, above, will be extracted when no longer needed. Since the basins will be temporary and extracted as necessary, their exact location and dimensions will vary according to extraction logistics encountered and field fit. 9. Please list and locate on the applicable exhibit all structures that will be constructed on the site (i.e., plants, office, scale—house, etc.) and provide their associated dimensions and composition in order to accurately estimate the cost for removal in the reclamation bond estimate. Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 4 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970)353-8310 Fax(970)353-4047 The facilities once fully determined will be limited to Tract A. The facilities, including any attending product stockpiles, will be established above the known flood plain elevations. For now, the facilities remain hypothetical at the time of this submittal. The reference to these facilities is to provide necessary intent to assure that when the need arises, the facilities may be established through the Technical Revision process, including any matters pertaining to necessary adjustments to the financial warranty. In general, the value of the structures exceeds the cost of removal and should not pose a warranty concern. 10. The Applicant has stated processing materials, recycling facilities/plant, concrete plant and asphalt plant locations will be addressed under a subsequent Technical Revision to the approved permit. The Division recommends addressing these components of the mine operation during the permit review process. Any operational changes that may occur in the future could then be modified through a Technical Revision. The facilities once fully determined will be limited to Tract A. The facilities, excluding necessary support or transport equipment such as conveyor systems, including any attending product stockpiles, will be established above the known flood plain elevations. For now, the facilities remain hypothetical at the time of this submittal. The reference to these facilities is to provide necessary intent to assure that when the need arises, the facilities may be established through the Technical Revision process, including any matters pertaining to necessary adjustments to the financial warranty. 11. The Mining Plan states extraction will occur within 10 feet of man-made structures, easements and right-of-ways and within 25 feet of above ground oil and gas facilities. The Division requires a 200 foot setback from every permanent man-made structure unless an executed damage waiver agreement Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 5 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone(970) 353-8310 Fax(970)353-4047 has been submitted as required by Rule 6.4.19(a). If an agreement cannot be reached then an engineering evaluation can be used to demonstrate that mining will not result in structural damage per Rule 6.4.19(b). Please be aware that the Division will not accept an engineering evaluation until the Applicant has demonstrated they have attempted to obtain waiver agreements from the structure owners. The Applicant can demonstrate compliance with Rule 6.4.19W) by submitting copies of the damage waivers and return receipts of a Certified mailing or personal service. Waiver agreements and certified mail with return receipt requested notification attempts for agreement are provided along with necessary proofs of notification and publication required under the Act, as an addendum to this submittal. 12. The Applicant has stated extraction will occur within 25 feet of above ground oil and gas facilities. Please clarify if extraction will occur within 10 feet of underground oil and gas facilities/structures. Extraction will occur to within 10± feet of existing easements and right-of-way, or approximately 20± feet of underground oil and gas facilities/structures. 13. Please describe all haul roads that will be utilized for the mining operation. Provide the dimensions of all haul roads and specify if they are to remain upon the completion of mining. The aerial photograph shows all existing access roads, which will remain as part of final reclamation. The typical width is 20± feet. Notice the roads traverse the perimeters of the Tracts. While some minor modification to roadway widths Varna Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 6 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970)353-8310 Fax(970)353-4047 and extents may occur as part of on—going operations, the application commits to reclaim and revegetate to existing widths. 14. The Applicant will need to provide a flooding impact analysis characterizing the flood path and flow velocities for flooding events expected during the life of the operation. The Applicant will need to assess how much of the pit or reservoirs will be flooded, how the flood waters will be safely returned back to the main channel of the Cache La Poudre, and how the riverbank and pitside banks will be protected from excessive erosion. To our understanding, since operations are set back 100± feet from the Cache La Poudre River, the operation is not responsible for streambank effects unrelated to operations. Damage that may result from flooding is an Act of God, and the operator will make repairs to flood effects, which will most likely take the form of deposition of sediments and debris carried in from upstream impacts. Since the floodplain will benefit from increased detention resulting from basin formation, stream velocities will be empirically lower than over the existing topography. The greater velocities are anticipated in the designated floodway. Backwater areas form as flood velocities decrease in distance from the river and its floodway. Since soil or incidental stockpiles within the floodplain will not in volume be greater than the resulting basin, flood waters will not be adversely affected. To the contrary, the extraction activity will actually serve to establish detention serving to mitigate any flood flows. No stockpiles are allowed within the floodway except where they are below existing ground elevations. Finally, flood paths will follow the existing floodplain topography, which will not be adversely altered by operations. Any attempt to purposefully direct flood waters could expose the operation to needless liability and will not be attempted. The majority of operational effects such as processing and stockpiling, will in general occur outside the floodplain, predominantly over Tract A. Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 7 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone(970)353-8310 Fax(970) 353-4047 Minor soil stockpiling within the floodplain will be oriented in a manner along the perimeters of the basins to aid planned reclamation, and will not in the majority exceed 5.0± feet in height above original ground. Any additional soils pending sale, or needing stored for later reclamation beyond that practically stockpiled as previously described, will be placed in a location within and along the perimeters of Tract A, above the known floodplain. It should be remembered that Tracts A and B are void of soil resources and will receive soil for reclamation from Tracts C and I) in an over the shoulder manner, further minimizing the need for stockpiling soil within the floodplain. Regardless, the flexible handling positioning of materials is generally described to aid the economic viability of operations and avoid the establishment of permits whose standards are too rigid to account for discretion in the field. The specific placement and disposition of soils can be more specifically updated where warranted as part of the Annual Report requirement for approved permits. 6.4.5 Exhibit E — Reclamation Plan 15. The Reclamation Plan calls for reclaiming pit slopes to 3H:1V by pushing the pit bottom with a dozer until the resulting pit slopes conform with Rule 3.1.5(7). In addition, the Applicant has stated the pit will be dry mined to a depth of 40 feet and extraction occurring deeper than 40 feet may be done under wet conditions using a dredge. Please describe how the pit slopes will be re claimed to 3H:1V under wet mining conditions. Upon considering the inherent difficulties of wet mining, this consideration is removed from consideration. The operator merely desired to keep options open under methods of extraction. Extraction will reach to the ultimate depth of the deposit to the extent practical under dry conditions. 16. The Applicant has provided a Backfill Notice as part of the application. In accordance with Rule 3.1.5W), the Applicant must submit the following additional information: Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 8 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project - M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone(970) 353-8310 Fax (970)353-4047 a. A narrative that describes the approximate location of the proposed activity. b. An explanation of how the backfilled site will result in a post-mining configuration that is compatible with the approved post-mining land use. c. A general engineering plan stating how the material will be placed and stabilized in a manner to avoid unacceptable settling and voids. Careful reading of the Backfill Notice references fill will be limited to Tracts A, B, C, and D. Fill will be field fit to aid the reclamation detailed and consistent with any plan of revegetation or other features under Exhibit E - Reclamation Plan. The Notice assures all fill will be clean and inert and mixed with on-site processing fines and reject material 'prior to fill to eliminate void spaces, where necessary.' Not stated are fill under dry or saturated conditions. If dry, fill material will occur in one foot lifts over a rough surface and tracked with a dozer to aid compaction. All material will be handled in a moist state to minimize blowing. Under saturated conditions, material will be pushed from a perimeter into the saturated state until the surface is built where it can be compacted by tracking with a dozer. The methods, though empirical, should be adequate where no critical structures such as buildings or above native ground structures are planned. 17. The Reclamation Plan calls for replacing topsoil to a depth of 6 inches at a minimum. The Applicant has stated in Exhibit I that more than twice the soil demand required for reclamation will be salvaged. As such, the Division requests the applicant commit to replacing topsoil to a depth of 8 to 12 inches. Continuing the statements of Item 5, above; the location offers no promise of an abundance of soil. As stated in the application, soil is absent from Tracts A and B as a result of past practices of the former sugar mill companies. Tracts C and Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 9 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone(970) 353-8310 Fax(970)353-4047 D will have their soil stripped and placed in an over the shoulder manner on formerly disturbed ground where soil being absent is not required to be replace. Regardless, the six inches planned for all finished basin perimeters is generally adequate to achieve the stabilization of the area from planned revegetation. The history of the Office of Mined Land Reclamation is replete with released operations where six inches of soil was applied for purposes of achieving stability. Since the lands will not be returned to agricultural production, and the purposes of the operation for profit must be in balance with the capacity to achieve reclamation, the operator maintains that a six inches remains an adequate compromise when considering the pre-mine state of the lands and the geomorphic limits to insitu soils from which salvage must take place. Finally, it should be remembered that the Act calls for the return of topsoil, which is limited to the A-1 horizon or plow layer of the soil profile. The Act does not compel a return of the soil profile, nor would it be prudent to return some aspects of a developed soil profile, which in this instance is essentially absent for all practical purposes. A return of six inches of soil is consistent with the 'topsoil' requirements of the Act. 18. The applicant states in Exhibit G - Water Information, that the pits will be lined upon the completion of mining. However, the Reclamation Plan does not provide any details about lining the reservoirs. Please clarify if the reservoirs will be lined or unlined. If they are to be lined, then please provide the Division with design specifications and detailed plan for lining the reservoirs. Since the applicant is blessed with waters sufficient to create unlined basins, for purposes of this submittal, the applicant desires to maintain the option of lining extracted basins to liberate water for other purposes than augmentation. Since this is a method reserved for consideration under a subsequent Technical Revision with the Office, we respectfully request the specifics of construction be addressed at that time, since it does not bear upon current financial or permit performance considerations under the present plan of operations. Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 10 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project — M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970) 353-8310 Fax(970)353-4047 19. The proposed reservoirs will have fetch of 1,000 feet or more. As such, there is the potential wave action could lead to the erosion of the pit banks. Please describe how erosion from wave action will be mitigated for, or demonstrate to the Division that erosion from wave action will not impact the stability of the reservoir banks. Possible mitigation measures may include armoring the pit banks with riprap. Partially submerged vegetation should provide a natural remedy for reducing effects of shoreline erosion. Until natural invasion of vegetation along the shorelines inevitably occurs, erosion will be fundamentally incidental given the low elevation of the lee side embankments, which will be established at slopes of 3II:1V or flatter. 20. The Applicant has stated the post-mining land use may include industrial, commercial and residential uses. Please be aware that if the Applicant intends to develop these post-mining land uses while operating under a Reclamation permit, then the Applicant will need to file a Technical Revision with the division and demonstrate the site is in compliance with Weld County zoning regulations. Acknowledged. 6.4.7 Exhibit G - Water Information 21. The Applicant has stated the pits will be dewatered to facilitate dry mining. Please specify the discharge rate. Varna Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 11 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970) 353-8310 Fax(970)353-4047 The approved stormwater discharge permit applied for an average flow of up to an average of 7.2± MGD. A copy of the approved permit from Colorado Department of Public I lealth and Environment, and related stormwater management plan are included as an addendum to this submittal. 22. The Applicant has identified a number of permitted and/or adjudicated water rights that are within 600 feet of the affected land. The Applicant will need to demonstrate that impacts to surface and groundwater will be minimized both during mining and reclamation. Several options are available that will satisfy this requirement. The Division requests the Applicant review the options listed below and commit to completing one of the following: a) The Applicant will define the cone of depression for any areas to be dewatered and dry mined. The cone of depression should define, at a minimum, the horizontal and vertical extent of expected impacts. As part of this assessment, the Applicant will identify the owner of any permitted and/or adjudicated water right that may be adversely affected and will provide a mitigation plan for such permitted and/or adjudicated water right. Also, prior to exposure of groundwater at the site, the applicant will provide the Division with written evidence of a damage waiver from all owners of permitted and/or adjudicated water rights within 600 feet of the affected land. b) The Applicant will define the cone of depression for any areas to be dewatered and dry mined. The cone of depression should define, at a minimum, the horizontal and vertical extent of expected impacts. As part of this assessment, the Applicant will identify the owner of any permitted and/or adjudicated water right that may be adversely affected and will provide a mitigation plan for such permitted and/or adjudicated water right. Also the Applicant will provide the Division with a detailed groundwater investigation to verify whether the proposed rate of pumping, expected drawdown rate, and expected cone of depression during maximum pit disturbance will or will not adversely affect the owner of any permitted and/or adjudicated water right. If the groundwater right may be adversely affected, the Applicant will provide a mitigation plan for such permitted and/or adjudicated water right. (For purposes of this groundwater investigation, the maximum pit disturbance will be defined as the maximum number of acres excavated and dewatered at any one time. Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 12 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970) 353-8310 Fax(970)353-4047 c) The Applicant will provide the Division with a groundwater monitoring plan which will be implemented by the operator to verify the presence or absence of impacts to the groundwater system in the affected land and the surrounding area through the life of the operation. At a minimum, the groundwater monitoring plan should include the location of monitoring stations, frequency of water table elevations to be collected, commitments for baseline data collection prior to exposure of groundwater, commitments for reporting measurements to the Division, water level criteria that will be used to determine when an adverse affect to groundwater has occurred, and commitments for mitigation in the event the adverse impact criteria are exceeded. If this option is chosen, the division recommends that at least 5 quarters of baseline water level data be collected prior to exposure of groundwater at the site. Please refer to the included report from C.G.R.S. 23. The Applicant has stated stormwater will be retained internally by vegetated berms. Please clarify if the berms are existing or will be constructed. If they are to be constructed, please provide the Division with the location and approximate dimensions of the berms. A small diversion ditch, approximately 0.5± feet deep with the overcast forming an additional 0.5± feet in height; or a total of 1.0± feet, will be located along the west boundary of the location as a means of protecting the attending slope below the berm from eroding during short duration, high intensity thunderstorm events (10± year events). The design is empirically derived as included and shown in the attending stormwater management plan and map, as provided with this correspondence. 24. The Applicant submitted comments from CGRS dated July 1, 2010. The comments address the impacts of impermeable barriers on groundwater Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 13 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970)353-8310 Fax(970)353-4047 hydrology in an unconfined flow regime. Please clarify if the pit will be lined or if there are subsurface barriers which may impact the flow of groundwater, or otherwise explain how these comments pertain to the mining operation. The purpose of including this report is to assure the Office that whether basins are lined or unlined, as long as the surface elevation of the water within the basin is equal to the surface elevation of the surrounding groundwater, equilibrium will occur and the effects of shadowing and mounding will not be evidenced. In response to subsequent dialogue with the Office, lining of the basins is an option included under this submittal, and a Technical Revision will be filed with the Office at the time of such determination to construct such a basin. Given the elevation and location of the lands to be extracted to the surrounding lands, flanked by homeowners to the south nearly 25.0± above the site, and natural barriers of post mined land to the east and the Cache La Poudre River to the north, followed by industrial lands set substantially away from the location, in this instance the operator does not believe shadowing and mounding will have an effect on surrounding lands. The operator does not discern how monitoring for shadowing and mounding in this instance creates a benefit. 6.4.9 Exhibit I - Soils Information 25. The Applicant has indicated the topsoil will be windrowed around the perimeter of the reservoirs. Does this include the portions of the reservoirs that lie within the floodplain? All product, overburden, and topsoil stockpiles should be located outside the boundaries of the 100-year floodway, if possible. Consistent with Item 14, above, Minor soil stockpiling within the floodplain will be oriented in a manner along the perimeters of the basins to aid planned reclamation, and will not in the majority exceed 5.0± feet in height above original ground. Any additional soils pending sale, or needing stored for later reclamation beyond that practically stockpiled as previously described, will he Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 14 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970)353-8310 Fax(970)353-4047 placed in a location within and along the perimeters of Tract A, above the known floodplain. By focusing the majority of our product stockpiling in Tract A, and keeping this area available for product by allowing some soil stockpiling within the floodplain, the operations have served to minimize the need for stockpiling within the floodplain. It should be remembered that Tracts A and B are void of soil resources and will receive soil for reclamation from Tracts C and D in an over the shoulder manner, further minimizing the need for stockpiling soil within the floodplain. Regardless, the flexible handling positioning of materials is generally described to aid the economic viability of operations and avoid the establishment of permits whose standards are too rigid to account for discretion in the field. The specific placement and disposition of soils can be more specifically updated where warranted as part of the Annual Report requirement for approved permits. 6.4.12 Exhibit L — Reclamation Costs 26. The Applicant will be exposing groundwater during mining operations. Several options are available that will satisfy the Division's bonding requirements for sites with exposed groundwater. The Division requests the Applicant review the options listed below and commit to completing one of the following: a) File a financial warranty that will ensure backfilling of the pit to cover the exposed ground water to a depth of two feet above the static ground water level or, b) Obtain a court approved augmentation plan prior to exposing ground water or, c) File a financial warranty to cover the cost of installing a clay liner or slurry wall that meets the Division of Water Resources requirements for preventing ground water exposure or, d) Obtain approval from the Division of Water Resources that acknowledges compliance with the SEO's requirements pursuant to C.R.S. 37-90-137(11). Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 15 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick, Colorado 80516 Telephone(970) 353-8310 Fax(970)353-4047 As previously stated to better assure the Office: 'The operator is blessed with adequate water to assure the Colorado State Engineer Division of Water Resources that it has sufficient water to commit, and will, commit to the complete unlined state of the operations until the basins are lined.' A letter will be obtained from the State Engineer to assure the Office of this circumstance. This correspondence will be obtained and submitted to the Office within those guidelines and timeframes afforded under general correspondence from the Office of 30 April 2010 pertaining to `Mining Operations with Exposed Ground Water.' 27. The Division will calculate the final Financial Warranty amount once all of the adequacy issues have been addressed. Acknowledged. 6.4.14 Exhibit N - Source of Legal Right to Enter 28. The Applicant's source of legal right to enter did not contain a notary seal. The submitted document appears to be a photocopy. Please submit the original copy or submit a revised statement from the landowner with the notary seal. A new Exhibit N — Source of Legal Right to Enter, is included; signed and notarized with the required notary seal. 6.4.19 Exhibit S - Permanent Man-made Structures Varna Companies, Inc.correspondence to the Colorado Office of Mined Land Reclamation (OMLR) 16 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(970)353-8310 Fax(970)353-4047 29. Please see comments under Exhibit D, No. 11. Refer to reply to Item #11. 6.5 GEOTECHNICAL STABILITY EXHIBIT The Applicant has submitted a Slope Stability Analysis, prepared by CGRS, Inc., which was performed as part of the Flood Mitigation Plan for the Durham Pit (M-1978-056). The material samples used in this analysis were collected at the Durham Pit, which lies immediately east of the Western Sugar Pit. The Division cannot accept a Slope Stability Analysis which was performed for a different mine operation. Variations in subsoil conditions between the Durham Pit and Western Sugar Pit are likely to be minimal. Ilowever, all laboratory tests and modeling analyses must be performed on exploratory borings taken from the Western Sugar Pit. Please submit a revised Slope Stability Analysis. Information Pending. Attachments: I Proof of Placement of this material with the Weld County Clerk to the Board. 2 C.G.R.S. Dewatering Evaluation. 3 Stormwater Management Plan. 4 Approved CDH Discharge Permit. 5 Proofs - Publication & Notification. 6 Exhibit C-1 and C-2, Maps. 7 Drill Logs. 8 Exhibit N - Legal Right to Enter - corrected. Varra Companies, Inc. correspondence to the Colorado Office of Mined Land Reclamation(OMLR) 17 in reply to OMLR correspondence of 4 October 2010—Western Sugar Reclamation Land Development Project —M-2010-049. Affidavit of Publication __ - _— _ _ — -S-TAIE D EOLORADO :� ,._ Ss. _-.._ _.___.-. -'County_of WelcT,---- 1, Jennifer Usher _.__.. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE TRIBUNE that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a '' ?1pueIp ffiel .. ,r,r, - . true copy,(days): that the notice was published in the regular and j �.�r1' 'e,.-° entire issue of every number of said newspaper during the period varra Compao �6d afl ' ,;Frederick,,Colorado 80516; 30 ..tom +seed an appltcation'fora Regular : . and time of publication of said notice, and in the newspaper ;impact-a:12 CanstrUCUon Materials Operation Recamatron and not in a supplement thereof; that the first publication PertrnNwith`the Colorado Mmed Land Reclamationeoard under: proper PP provisions'otlneColorado.and Reclamati. AcrtortheExtrac-h of said notice was contained in the,issue of the said newspaper- twn.orConstmct on'•Matenals.'The�ioposd h eUnais'known es, the Western'SugerReciartiation".LxandPDevekspment Project and bearing date the Twenty-eighth day of July . is located at ormear'SecttonMine 7own¢bipp(t41:9 h,Range;. AD. 2010, and the last publication thereof: in the issue of said bchl five west;:§Pl Pdme Meridian rF ?w• 4 r<,( e it f,: 'The proposed date o{wmmencement is okovemben2 10,and newspaper bearing date the Eighteenth day of the proposed date of completion js`31 Decembe q�p3S4h6. August AD. 20 0' that said The Tribune has been published proposed dfutura use otthe.land'+is commerciaVnalgsirta>.,4ddi} tional-information andhentativitdecision_date'may'beotxaiiaed, continuously and uninterruptedly during the period of at least six from the Division.of Reclamation,:.Mining,and Safety:-1313 Sh 866$35St et,Room oo 215.;Dild Denver;Coloradok,to months next prior to the first issue there of contained said notice Street;Greeley,Colorado 8063/,or thaebove named..applicant: or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under Comments must be.in writing and must be received•by the:DM- sionof Reclamation.Mining:and Safety by.4A0 P,.M.wednes- the provisions of the Act of March 3, 1879, or any amendments day 7 September 2olo..; : thereof; and that said newspaper is a daily newspaper duly Please note that under the provisionsof.C.RS.34.32.5-101 at qualified publishing for ublishin legal notices and advertisements within seq.Comments related to noise'truck traffic,hours of operation, visual impacts,enectson;propertyvelues andothersocia l:or,'I. the meaning of the laws of the State of Colorado. 'econdmic'concems are issues,not subject tefthis:ONice's juris-1. diction. These subjects:,acidsimllacones erelypcaNyadr.. dressed by your local governments rather than the.Drvrsron or Reclamation,Mining andSafal orthe,lM itnedIrdif ltVna-`• July 28,August 4, 11, 18,2010 tion Board ,��ykc`,;„4{4 r s c4r ; The Tribune, :LtL,,,z.� yLa Ju1123,Augaat`.-;-a 7a P1 ,. T i'-Y. Total Charges:$194.56 ./(-- WiLll--, Advertising Clerk , 18th day of August 2010 My Commission Expire 6/14 3 A1)4 Notary Public Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(303)666-6657 Fax(303)666-6743 Thursday 29 July 2010 To: Our Neighbor Subject: PUBLIC NOTICES: Varra Companies, Inc. -Western Sugar Reclamation Land Development Project-Regular Impact (112) Permit Application M2010-049 -Required information for Adjacent Landowners. Contact: Garrett C.Varra,Vice President of Operations Varra Companies, Inc. 8120 Gage Street Frederick,Colorado 80516 Dear Neighbor: Two Notices are enclosed for your consideration. The Notices are required as part of permitting our lands for sand and gravel operations. We have enclosed a Notice of our intent to conduct mining operations, and a Notice regarding your structure(s) which may be located within 200 feet of our affected lands. A map shows the approximate location of our facilities located. A Stability Analysis Report offers evidence our planned operations will not impact your adjacent structures, and is available to you upon request. We hope you will review the included Notification, and return signed and notarized Statements of Understanding. Naturally, should you have any questions, please feel free to contact me directly at the telephone number above. Thank-you for your time and cooperation. 1 Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(303)666-6657 Fax(303)666-6743 Thursday 29 July 2010 To: Adjacent Surface Owner of Record Subject: Statement of Understanding regarding significant,valuable and permanent man-made structures located within 200 feet of planned extraction activities for Varra Companies,Inc.—Heintzelman Project— Regular Impact(112)Permit Application M-2009.018. Contact: Varra Companies,Inc. 8120 Gage Street Frederick,Colorado 80516 Dear Property Owner: Varra Companies,Inc.(8120 Gage St.,Frederick,CO,80516,Telephone: 303-666-6657),plans to conduct extraction activity over a parcel of land identified as the Western Sugar Reclamation Land Development Project,and is located at or near Section 9,Township 5 North,Range 65 West;6`h P.M.;Weld County,Colorado. You have received this notice because we believe you are the owner of one or more significant, valuable and permanent man-made structure(s) located within two hundred (200) feet of the planned extraction and related affected land. A qualified man-made structure may include a fence,a residence or out building,a road,utility,or other significant,valuable and permanent man-made structure. As the owner of a qualified man-made structure located within 200 feet of our planned extraction activity,the Colorado Division of Reclamation, Mining and Safety requests we provide evidence of our efforts to protect such structures from injury during the planned extraction activities;and to assure you that damage caused to your structures as a direct result of our active operations will be compensated for,consistent with established law. Upon request, we will provide you with one copy of our Stability Analysis Report, as included in our permit application with the Colorado Division of Reclamation,Mining and Safety. The report indicates that planned extraction activities are not expected to adversely impact adjacent qualified man-made structures. Also included is a map showing the approximate area of land affected under our planned extraction activities,our permit area and the relationship to your property. A line showing the approximate extent 200 feet from our permit boundary is shown for your reference. You may review the complete permit application at the Division of Reclamation, Mining, and Safety(1313 Sherman St., Room 215, Denver,CO 80203,Telephone 303-866-3567),or at the Weld County Clerk to the Board(915 10th Street, 3'd Floor,Greeley,Colorado 80632),or at our corporate headquarters in Frederick, above. Please review the available materials, and if you agree that activities will not impact your qualified structures verify this understanding by your notarized signature, below. Please return it to us in the enclosed self- addressed stamped envelope. Letters not returned to us within ten (10)days of your receipt of this notice will act as evidence of your approval as well. Please submit any objections in writing to our Gage Street Office within 10 days of receipt of this correspondence. If you have any questions or concerns about our planned activities and your structures we want to discuss them with you. You are encouraged and welcomed to contact us as soon as possible at our Gage Street Office at the telephone number, above. Please ask for Garrett C.Varra,Vice President of Operations. 1 Varra Companies, Inc. Office of Special Projects 8120 Gape Street Frederick, Colorado 80516 Telephone(303)666-6657 Fax(303)666-6743 Statement of Understanding Landowner of Adjacent Structure Statement: Our notarized signature below testifies we have been provided with and opportunity to review: 1) a Stability Analysis Report pertaining to the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049; and, 2) a Map showing the approximate relationship of our property and the potential for any qualified significant, valuable and permanent man-made structure(s), which may occur within 200 feet of lands affected within the the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049. Upon review of the available materials; And understanding the relationship of any significant, valuable and permanent man-made structures under our ownership and which may stand within 200 feet of lands affected within the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049; Further, by our signatures, as notarized below, we concur that planned activities detailed in the application for permit M-2010-049; do not impact our qualified significant, valuable and permanent adjacent man-made structures; and that any damage to said structures directly attributed to the activities of Varra Companies, Inc. (the Operator); will be compensated for by the Operator. ,2010 Signature of Adjacent Landowner Date Print Name State of ) ) ss. County of The foregoing instrument was acknowledged before me this day of 2009,by ( for ). Title Company or Corporation Notary Public My Commission expires: 2 Thursday 29 July 2010 To: Adjacent Surface Owner of Record Subject: PUBLIC NOTICE: Varra Companies,Inc.- Heintzelman Project-Regular Impact (112) Permit Application. Contact: Varra Companies,Inc. 8120 Gage Street Frederick,Colorado 80516 Telephone: 303-666-6657 FAX: 303-666-6743 e-Mail: dpodcl@varracompanies.com The following Public Notice will appear in the Greeley,Tribune for four(4) consecutive weeks,commencing Wednesday 28 July 2010,as shown below. You have received a copy of this Notice as required by Colorado Mined Land Rules and Regulations. All lands having a valuable mineral resource must be extracted prior to development. All extracted lands must also be reclaimed. These lands will be reclaimed to a commercial and industrial uses that will complement the surrounding lands. If you have any questions or concerns,please feel free to contact us as detailed above,and ask for Garrett C.Varra,Vice President of Operations. Thank-you. PUBLIC NOTICE Varra Companies, Inc.: 8120 Gage Street; Frederick, Colorado 80516; (303) 666-6657, has filed an application for a Regular Impact (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the Western Sugar Reclamation Land Development Project, and is located at or near Section Nine, Township Five North, Range Sixty-five West; Sixth Prime Meridian. The proposed date of commencement is 1 November 2010, and the proposed date of completion is 31 December 2035. The proposed future use of the land is commercial/industrial. Additional Information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety: 1313 Sherman Street, Room 215; Denver, Colorado 80203; (303) 866-3567, or at the Weld County Clerk to the Board; 915 Tenth Street; Greeley, Colorado 80631, or the above named applicant. Comments must be in writing and must be received by the Division of Reclamation, Mining, and Safety by 4:00 P.M. Wednesday 7 September 2010. Please note that under the provisions of C.R.S. 34-32.5-101 et seq. Comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. 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X66 ✓'� L '' • t � ♦ v Ili I • t i t 4j � �� 'rill 0 �. / • •EE wee SCALE: 1 Inch = 2y 2,640 feet VARRA COMPANIES. INC. DATE: 8 February 2010 6120 GAGE SWEET FREDERICK. COLORADO 80534 REVISION: TELEPHONE: (303) 666-6657 PAGE: 1 OF 1 h,l L,I :� _ _ e A • y '7. 1- • • II . V �? I ! 'Nil, , '� 4 � ir z,.. 111 rSS • it% • . ;7 aka ..�' - • '•11 if: QIII)Itii —' •" "T.w„•7•+- .P� r• ' - _• ref 1 • jir >! .j:':.Y< rte.' -` - - -. iiii., 1 _ 1 c'1 • I I• ite V. 1.-reirec. . • 1- ' •1 - - "41 4,114•t• 1 T:P•H ' • pt:tilfW 4 r C t r 1Sillt a .• $44441741°°\‘%-j. ( or keg"' I I". -" . - �y:r , i •�. -_1.�• �:r. 1.. ,y�y�,�.� ---:rK�: `- - - --tid _ -_`" v Y, ';•r ,')�ICL J, J L ; ' "r ` • ' --k.,..,_____ .. 11 �ri ` •s, •mfr 'f" IL • . - '-re1. ireat-irers. a 404. I' - ii:'.01(13 'V. -;114;71644 • ... - 771,4,j." ,;Iii lasic5r.i_--; f ' 1 I t y ih • 11 • • 11 lt , f o i lb lei - Ill . .#YI iWilks _ Ill 411 aft. - . li . . . 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'- _ _ -+.. - lett �._. .. . ,• �' - - `t, `i6►, I }. , n.•: --rte - - Vi9SV- — _ , .a ' ..4.)w .k... § our • 4,t-s-, 4-- II. • • E - • ?spy SIM {, ,,� f . .. �i• — Ti. `� i-- V - ' .n Ch . ' . A It 4- 4 _ _ __ v) t , i W•2 `, "-. _ '..171• - ♦ 'J+T�j :II 4. t Lo. 0 ,.r r•.� "{192P. r, iti „. ‘\ • F �'tj, �s • :Illikiiii"‘iii , a ♦ 1 1 •M �. — s. is• ••'P ...f4.4 • ASS _• �� p 11 l Oai w A .aii. j l u It Varra Companies, Inc. Office of Special Projects 8121)Gage Sheda Frederick, Colorado 80516kelphone (971))353-81111 lax (979)351-1(W7 Monday 2 August 2010 Affidavit of Receipt of Notification and Approval of Activities within 200 feel of lands leased by Varra Companies, Inc. and owned by: Doeringsfeld & Arata's Partnership c/o 8120 Gage Street Frederick, Colorado 80516 Subject: M-2010-049-- Western Sugar Reclamation Land Development Project. The .signature below acknowledges receipt for the above referenced entities of stated notification by Varra Companies, Inc., agent for Doeringsfeld & Arata's Partnership, in the matter of M-2010-049. 4�4 Var'a Companies, Inc. BLJ/bl,j. U.S. Postal Service1,,, • CERTIFIED MAIL,,, RECEIPT o (Domestic Mail Only;No Insurance Coverage Provided) to • •site F•r•.el�iv.e�ry!(nf•rmati•n visit urwe ,,,,.. at www.us•s.c m, HI Postage $ $1.22 „ - o a�(Fj(�4�.EY 0}� Certified Fee $2.80 ,(f/- � Pos m p Return Receipt Fee O (Endorsement Required) $2.30 Here Restriged Delivery Fee (Endorsement Required) f0'00 1 292010 aTotal Postage&Fees $ $6.32 07/29/2010 nJ Sent To -D Pete Magdelano Street,Apt No.; r or PO Box No. 609 East 16th St. OGryreeley CO 80631 PS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. Signature /�,, ,— item 4 if Restricted Delivery is desired. �J�KIX/'�'7/ ❑Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. Received by P ted Name) I C. Date of Delivery • Attach this card to the back of the mailpiece, t,-�9/,(�, {�,r �Q LL}�, or on the front if space permits. 1- -gyp l vl CW" ('U D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Pete Magdelano AUG 02 2010 609 East 16th St. Greeley,CO 80631 3. se vi V p ie 63 ress Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7006 2150 0002. 0813 4850 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • ■ • CO U.S. Postal ServiceTM T o -$ o d o n.7 0 o v CERTIFIED MAILTM RECEIPT 3 m °�o m soy•av m P1 (Domestic Mail Only;No Insurance Coverage Provided) j a a w n m sE "'� m F•r•elive inf.rmati•nvisit urwe•siteat www.us•s.c•m, ry. s 3 O m y 000 ° <° O t ..�. .. m p m m m 0 m GREELEY-CO 80631 m 2 o -. a a .•d. 3 �i 3 v In V. m ow, " EcT :4 a o 0 o s- m Postage $ $1.05 v osyv 'z J C" m N ," 21 Wow m W Certified Fee $2.80 s' '�'��/ o m m I a m 2 2 rL Postmark P__:.., A 0 O y,. co y p Return Receipt Fee 2.30 (JULere 3,O a w Or D rn O (Endorsement Required) U( Y CO D a N Ill W Restricted Delivery Fee 9p m =y O (Endorsement Required) �•� O10 O o Z a Total Postage&Fees $ $6.15 07/29/2010 o C m o n-I O 3 m Seri m 5' �' m -0 Korco Real Estate LLC o Street,Apt.No.; m O or PO Box No. 800 8 Avenue, Ste• 327 $ r p s•7 Lfl L, P City State,ZIP+4 o K Greele CO 80631 a D ❑❑Q� a v rn 9 0 a y v m Z . 0 m L$2 n ti . � nm aver > > a ` _..__ m m `A N N d P II N ed 7. . . ■ fn O CO m m w i r-..1 m V T 0 w+ x O� x O �O n \\\iiii O OFi co C n O N .rJ30 W ❑❑❑ 4 W all' 3 m 2 a 5= o a .. 4 nA ,t,, y _, a c n C o, ma.F � Ts 03 CD O.3 § 8 8.v) '.--.° * _,. 3 g 0 ',7,,' 4 so a d. F tT m .. p V O c CD a a - p \ d v 0m= drt) o ' o' O Z m m o J a m o y 0 O K DO m DO No ` '�° oo o w = o 2 an co A 3O p y w� 3 G y y St 0' coo om 3 t-T m O U.S. Postal ServiceT,:, g Er CERTIFIED MAILTM RECEIPT 9 RI 1'9 (Domestic Mail Only;No Insurance Coverage Provided) 3 L✓ o w o ca m K Y Ln m In 9 ❑❑ y ^ � 9 v_' F•r•elive mf rmeb nvisit ur we•si[e at www us•s.c•mm o o m < a 2 �� m �" GREE v..,0 01631 „^n qq, — v O 3. over)9 �' m ♦ o a I i uKCLE I'�W 4'�• _ 0 c a < < c Y rrl 1- ,` 0 a ` m g r y s,„ a 5 m k. 6 7 cp Postage $ri 31.22 0395 cu obi m • • a m a I — _ in I' a m Certified Fee $2.80 06 0. ci m 471. m' r1J Po'sAn6M m ❑ ❑ ❑ 1 4 `a ti o Return Receipt Fee $2.30 Hare E' 4 a' • 9 ro Z cm (Endorsement Required) . / W O m 13 ?- 3 Restricted Delivery Fee $0.°° \.' /. ! r - b• c 2 2 1 a (Endorsement Required) 9 g 7 3 O a T 'n $ 36.32 07/29/2010 ' 5 d F Total Postage&Fees p - ru _ N • Sent To N a o Barbara Varra N O K ❑ ❑ o ❑ ❑ 0 Streef,Apt.No.; N < fa. a b or PO Box No. 1031 East 16th St. , o @ City,State,ZIP44 m g Gre e • CO 80631 _0 :: co to A ■ . U.S. Postal ServiceTE a s - o - =o S CERTIFIED MAILTM RECEIPT 3 •'^ z a a m M m o 3 - r‘" (Domestic Mail Only;No Insurance Coverage Provided) co EP, o° 3 3 '< ^ a m?f E �'m F r•ellverylnf•rmati•nvisit•urwe•site at www.us•s.c•m.• 3 m 8 1 a am m , m __ ' S m oo y r.d m 3 3 m GREELkX C0.$063I T 2 w 5... `� d mom 0. < $ m m m - '~ r 0 O in n m Postage $ $1.05 0395 ro �, r m m a m CI Certified Fee $2.80 ,fib o 1-° o N m _,•m a. !7J -Poshnark a Z-o w R 03 0 Return Receipt Fee $2.30 - Here M &n, o (Endorsement Required) w a a o a D O I' O- 5- 0 J a O Restricted Delivery Fee $0•� - cy. G.< 5 an in (Endorsement Required) )�`3��300a0d. 'm n�3 ' Total Postage ti Fees $ $6.15• \07/2�11(Y010' o . N io ru NCI ci m m m Sent To Q- o Roadifer Family LLLP Street,Apt No.; 33 m Ill P- or PO Box No. 3791 East 18th St. E' a. City State,ZIP+4 m o " m X F Greele CO 80631 • n m ❑ ❑ em ^ N Al 41 a fa 59c� 2 ma 8 m 3 r.. I a cB am Si) z < a to m m rt : O acmac 3m a 5 m [,� _ ru m y g. 3m m a `G \ T N a" yo ■ ■ ■ N a y c a a co cc 1. ° gyp �m0 m 3 co a m ^ • ,`n = h iD `mo „ c'' o m 0 5 x 3 3 Lt.' s or a d t a3 n - � a m =f6 „m^ ' r T per a m 3 a O e mm ," m_ t, 3 w � Z _ m m o � m aa2mr{m 0' 8 3 a n, m m 2 w '' a ••Iy;2 m o w o m E 3 P c 0.1. ° ma = naro 0 mCc: mm»dmd or O 3 ❑ ❑ �m �� 1 c) czt � aDim aura N I .tf m Z m D 1 3xd !ml2l co o O y ca.a ; N O a 0 N D I n n < N 5O m0 o m V i 3 o co N,pO •O .. co V N m 3 r, alb D m O m m U.S. Postal ServiceTM Et 0 CERTIFIED MAIL,, RECEIPT m m (Domestic Mail Only;No Insurance Coverage Provided) 3 H a p, p ,C�m )(,, D o 0" F•r•elivery mi•rmati•nwsR ur we•s,te at www.us sc•mm m O Ln m Dos g) = 1y EIsdi it r: .t F• C. v 3. w mm o ma m , . m p a s F � 2e t3 co Postage $ $1.05 0395 0 o n 2. m -9 3r in ru Certified Fee $2.80 06 - \ m ` ti III p - stmark l in (j9 •2 I- O Return Receipt Fee Q A O (Endorsement Required) $2.30 R ttere \' �R C Ke Restricted Delivery Fee °1,r j W c $ f \!L a 3 b 3 • (Endorsement Required) $0.00 \\ - 3 O p -0 m >n Co CO 3 N on $6.15 07/29/2010; . N No 9 p./� `m Total Postage 8 Fees $ - •Sent To 8 i " • co d < -0 Gary Stewart u, ❑ d1 ❑ ❑ g ❑ ❑ In --Street,Apt.No.; w a Z Q D D in or PO Box No. 821 East 16th St. 1 ° " iD a trio City,State,ZIP+4 p_ umi Greele CO 80631 z :r• rr. -0 t0 0 ro a > .' • • • U.S. Postal ServiceTM m a aa. co • n 2 A ° x o m g z CERTIFIED MAILTM RECEIPT 3 m `< o a m = d av m °' (Domestic Mail Only;No Insurance Coverage Provided) EI 3 Q O H m m m = pm co F r•elivery ini•rmati•n visit ur we•site at www.us•s.c•m, °O 3 n ° r • GREELEY:80 80632 w n 3 m 2 2 m •t..) o ° a ° c D a- f i ED Postage $ $1.22 0395 m e X33 a0N m p N 0 m 0.0 N • CC Cedified Fee $2.80 06 a 0 Q 0a • a = rL r e y 0 a a a N �Pg9m rk x❑ , Q W y p Rsturn Receipt Fee --Fferd .A 0 m ro y w N p (Endorsement Required) $2.30 c: a _ En Q 0 a m0 n p Restricted Delivery Fee �•� iii 0 iirS 5-y - p (Endorsement Required) • 3 0 i ct • Di F.' d-G N a m Z _q Total Postage&Fees $ 07/29/2010 ru H p O m 0 Sent To n o Alfonso_ Griego c/o Charlene Griego X ru r- or PO Box No. P.O. Box 188 3 t' P Se City,State,ZlPa4 a m IX F ; Greele , CO 80631 n p m ❑ ❑ a + u r D \rn 1:-.• p s p D m 2 m m r, 0 • 2 g $. am - < < �� CI CI c n m a•-i g •2 0. `� a RI 0 3a a I m n r l w c-) 33 r9 a s �m 3 4 m CD 0 m C m _—< av .t m 0 ; 9 y n m �_ Z y• i= ? go a msf c, z; a. Dc , C' 2• 3 m O ° 0 H 3nnDm xi m- P » ° w m `° m °i F y y m 2 O r"n 2 a „a m n r3ii ,u n m g" m tom`, n• o ; a in) a— N ° t ° < m m cm m g3 'o.o- 6 m a 2 < o DD N _ S Lgag'i a<d y 0 0 0 a ccli o o m 0 ° N� W 4 1 N. m000a. A 'OamND • rp d� 0 N j a cc SO m0 3 0 co m 0 17 o p v a) Si U.S. Postal ServiceTM 3 cr CI o 0 0 N CERTIFIED MAIL,., RECEIPT s ru ra (Domestic Mail Only;No Insurance Coverage Provided) c e a3 3 in n w o P x a n c0 F•r•elivery inf rmati•n visit•ur we•site at www us•s.c•mm D C • A- g ?DJ ❑❑ rn , H �` co rn GRaz`Ltre0 86631 s r t IR S w u. I=1 N D p 2 N a 3 m co Postage $ s1.05 0395 pa c a $. y '0' `z/ a y CI .. illID Fo. Kc A a `C Certified Fee $2.80 .. 156 '....\ p 9 E; m/ a a ru Postmark W m < ( , p Return Receipt Fee $2.30 He Z' E. - 1 a(/t r) p (Endorsement Required) • W ❑❑ ❑ m m • CI Restricted Delivery Fee Q Ae a O 3 Si n , r 'm • 2 p (Endorsement Required) �•GG �`_.I m ( F m 0 a m 3 _ c 2 m 3 v� ,.R Total Postage&Fees $6.15 0772972010\'.x` E-1 gD 3 09/ Q Sent To CD .� Cr oGlenn & Roberta Smith 8 o < Street,Apt.Na.; m ! 0 K ❑ ❑ " m ❑ ❑ CI or PO Box No. 12706 Shiloh Rd. o o m nro NCity,State,ZIP.4 ; m r m cg 'm Gre-ley, CO 80631 PS Form 3800,August 2006 See Reverse for Instructions o m g w N ■ ■ ■ v, U.S. Postal ServiceTM m a x ° x o - o CERTIFIED MAILTM RECEIPT 3 m m sots — m ° a u m 2' (Domestic Mail Only;No Insurance Coverage Provided) 2- co z nx D s» o �;- . P- 0 3 3 O N y a ern Am n m F•r tlelivery inf•rmeti nvisit ur we•site atwww.usps.c•ma m o0 8 P.lvBm »° ( ELEYCO80631 m 2 N _a �;3 may 3• in Q $ N ° V ° c a n 03 Postage $ $1.05 0395 W ga =si a 0 N m O m m m 0 m pr Certified Fes no v g a=a 42.80 06.-- Oo m � N m a 2 nJ : pb'stmark 3 F° a,', (J rn O Retum Receipt Fee "Here' �. _,Q n O0a° W>D y p (Endorsement Required) 42.30 y 0»3 m O Cm') W Restricted Delivery fee p tp o O 0.0 ; O (Endorsement Required) 40.00 p l o ?' °'� Total Postage&Fees $ $6.15 07/29/2010 o p �. m m rL g o ° m Sent To - _ a r `° _El Lee Sakurai m ru in Street,Apt No.; or PO Box No. P.O. Box 200112 L-' N City,State.ZIP+4 9 o v ° m m ° Evans CO 8062 o a a a y m is m 11.10 s m a 0 � �,m m. n3 �.O�nn _.._ m El y m n _ T (7w. Q 0 >0 v.�n W ❑ ❑❑ • o .2 _o. a ° JV a o GM 5 O N° »3 O 0 II x (9089 aZi z 3 m MW ro o m ° �w.c as r 03 T O c a 3 � • W c r rn a s»»o �;m • r o _L o m m w O � tlo m 0aa _ C' �' m co 2 2 m cr‘00 . 3 v a 0 a� v a§i •� N a W d m ej a0N V, R= ° n ❑ ❑ ❑ m ❑ ■ R m c'' 6 co N 0 d o ii r3 z - o D D N " ,+^vim C' v y 5 1:1= min ° a co .o a a 'V O 6 3 JC p°j N N lit Oi m 1 m vl1 ° SO ° mO E 39 0(70 0 ' p,.F a a 3 o p cal\ t< �. m m U.S. Postal Service,,, 3a Q m 0 CERTIFIED MAIL. RECEIPT 5 Ill A E' s (Domestic Mail Only;No Insurance Coverage Provided) c to C 3 ci A W r F r•eliveryinf•rmati nvisit•urwe•site at www us s.c•m. P , m x ? 7 m Bf�ELEY CB 80631 _ v in in 0 9 0 ° ymi m m- r 3 m < .E ti i-qPostage $ $1.22 �� nl a a m a.. CD 1 E. C a �' y 0 .06 O m aa , `a maw m Certified Fee 42.80 i reo rk1 m a E_ fU c `—'� t' m < 0 la p Return Receipt Fee 42 ere ` m W N a m n in (Endorsement Required) Th ❑ ❑❑ g ¢ Y Ci Restricted Delivery Fee n a A d n n 3 (Endorsement Required) .A ° O c v 0 O B P i, 8 O F a � • n $ 46.32 07/29/2010 a 3 ,-R Total Postage R Fees 9 m • fL a F 3 (� Sent To m -° Ogilvy Irrigation & Land Co. N g' o Sheet,APC o.: m ❑ 9 ❑❑ m ❑ ❑ P,CI- PrPo Box No, 26002 County Road 60 u m D G,p ° D D nbi m 0 ° Q o am City,State,ZIP+4 m s Greele , CO 80631 ; m See eversef rinstructi ns 4 v m N SF rm 3:rt,Au•usl2r• o m �Q m N ■ ■ ■ v, . U.S. Postal Service, a 7 ? -, a o too CERTIFIED MAILTM RECEIPT y m a w m n 0 a 3 3 rn • n- (Domestic Mail Only;No Insurance Coverage Provided) co -9, C iG � � d n- -1-o =,-; I n- . 3 !� a m y m E �m N F rrrelei[v�-y1eCry['YYinfN•frmaantri�n visit ur we•site et www.usps.comc .� 3 Cr (] L: tmo g 11), m o m •• • unGGL..I'ib 80631 o 2 co < 0 a r.as, o O N ,Z• m Q m a a o0 C n • m Postage $ $1.22 0395 m ii w 0) 3.3 aalo p m m m atom Certified Fee $2.80 -- N p00Q< a = ru .. o m (m1 m N m co y O • PReturn Receipt Fee P irk, a 3 ,c m y N ci (Endorsement Required) $2.30 a0m a 3-6j a m Restricted Delivery Fee - H .. (Endorsement Required) 30.� /4 3 o m N O • �1 A�� - m . m 513 Z .-a Total Postage&Fees $ $6.32 07/29/2010 o a N m CU 3 n 3 •m Sent To -.. In m m • o Charles Kinsey a n' O Street.Apt No.; c ru t` or PO Box No. 1433 Birch Ave. City,State,ZIP+4 M to a P P w, * F o Greele CO 80631 • Et$ a N a m\? m m a co or CI 0 a a "' md gz a a m OI g J y to N O Q o o `� CI. m a ED wo a ODo v=O L0.-, ❑ ❑❑ mm n y m a0 mm � m � cmxi x^=•33 UJ T Om9 n � m •2 aco � m � � '�'• 0 a m3m'C 0 .• .c % P3 0 •y g Z 3 0 o °i ° 3 �wm = SP SP— • � �'' v3 j 3m 5'9.f. y oo2On0 r o g o m ^t T m O GC o. »m = 3 z.3 t la 3.71 n m U o wR � q am c saz, a a O 4 N rd. nJ3aON ITI ro. 0 0 m 0 ro m vQm a<a Iz < g n n o m m m t3 a O co o a m a g o2c,.z W (/1 i 0 a ,_. D' 0•a m m k a N gi •y_ j mom o . N m SO (a pa me may ci o t. i m m m m m m U.S. Postal Service, y CERTIFIED MAILm, RECEIPT `° H ru (Domestic Mail Only;No Insurance Coverage Provided) c U, �. • c F•r•elivery ini•rmah•nvisit•ur we•site atvrnw.us•sc•mc O 9 0 EC m y � —{-x cn 0 a m go < a S "- a 5JJ02 mm a IMCELG itti 80631 m m -_ ._. :.. a o 2 0 g, 4 $ �n m • 8 aru -a am '' -i . 0 m Postage s t1.22 0395 0 8 $"g m^ m ,v< O m m a an Certified Fee 32.90 '06 c0 `m n < F i' m Postmark 6' m NO Return Receipt Fee $2.30 / N Here - Wfej ❑❑❑ m m •n o. \ ��I ci (Endorsement Required) Q 9 a a '`3 ' 0 Restricted Delivery Fee G i -�:-1 $0.00 �+ •0 3 ' • ( % d a Required) •� t3 o $6.32 07/29%2010 - Ill v �o ' m ra Total Postage&Fees $ m m £ 3 11 o = n RI , Sent To a �' O • -u Otoniel Goldman io ❑ K `®❑ O street,Apt.No.; u m z m '�'$ > or Box No. 703 East 16th St. b H a o m I O a m Ci ,State,ZIP+4 Greeley, CO 80631 n m w . B cn N 0 to ■ ■ ■ U.S. Postal Service., a D 0 ° x o g CERTIFIED MAIL, RECEIPT 3 I m . y o 8 o w » = 3 .cr m O 0»,D av ru (Domestic Mail Only;No Insurance Coverage Provided) co it z a 3 C7 a 0,?F c a0 F r c cr,!nf rmatl.nvisit•urwe•siteat www,us•s.c•mm f• 3 ,ga O 5 N oNm2mro . S :rt -n m orn m 2.-,0 _ .co It ° r" < n T a N o m rri tJ IT Oom m g 03 n' rg Postage $ $1.05 ,9395.<\' , 0 m = p,O m Certified Fee 32.80 06 u a 3 o O In•z co O Return Receipt Fee $2.30 Postmark a m 0 n om rn D O (Endorsement Required) U` [9FI,O p 5.O iD m-0 O Restricted Delivery Fee $0.00 U 1 /{)1 m,� �,fa.O O (Endorsement Required) 3 0 m a0 • f o l °' 0 . -0 ra Total Postage&Fees $ $6.15 07/29/2d10 fL 8 in m m Sent To g in - o Santos & Luz Vega x ' Er street.Apt No.; a - r- or PO Box No. 909 East 16th St. 9 ru W m •a • a m X .D City State,ZIP+4 a Greele CO 80631 m O ❑ 330\2 < a m - fir' rr. 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K m a s nJ Certified Fee $2.80 06 - ru < a < - o• c> O Return Receipt Fee $2.30 P" \ • O �atr a m a (Endorsement Required) - " v�, G #M OLIO m m a a y • O Restricted Delivery Fee , L� n 9 n 0 (Endorsement Required) $0.00 :y` Li." m O �, m • la a 3 r 1 Total Postage&Fees $ $6.32 07729/2010 g 3 s m • TLC LJ co N 3 (1 i m Sent To W 0 a • o Alvis Crazybear & Krista Neuendorf N a 2 O m DO Street,Apt No.; co � or PO No. 1001 East 16th $t. b I m o n� City,State.ZIP+4 m 2 Greele CO 80631 n co 0 Ty ■ ■ ■ m U.S. Postal Service,. T • y ° =a o Z CERTIFIED MAILTM RECEIPT 3 m m by y m °_ 0 0..< 4a.a m - ru (Domestic Mail Only;No Insurance Coverage Provided) OWp 4 n k w a m 7F 5, -"a N F rdelivery inf•rmati•nvisit•urwe•siteat www.us•s.C.mm a 3 rnC -.mm � 9— n - 3 m oo co 0 0 0 m ig m • KEP9EYt0 80644 r ' T m o y a a' 3ran • rn CD g a 5 P v 0 c o $= co Postage $ $1.2< 0395 m m '� cmi J 3 a 0 N Ri p o $ m m m n CD a = ru Certified Fee 42.80 W,,Poatmad x O ro Q • in p Return Receipt Fee $2.w0 a 3 O am u p (Endorsement Required) m y o O c•0 Q p • • Restricted Delivery Fee PV.� ,j tp< 0 a 0 p (Endorsement Required) ., w_c m a 3 • ") $ $6.32 07/29/2OO v U m ra Total Postage&Fees m l7 m m m Sent To 9 tr. pt.No.; a sreT&t.T Pallets, Inc. mM1 or PO Box No. P.O. Box 63 3 r1J City,State,ZIP+4 E-r :b. W o m x p O Ker CO m p N ❑❑ m ) 3 H m m • -‹ a (D :11 11.5 33 9 pa c 8 � m m <' < \• c p goco tc. m cr y p , m n a O ° C. t 2 z n 0 m 0 3 3 � ❑❑❑ _ a_m 2 • 3 z I ° 0 a 44,a iPh10 w pl mo YG:m. '» 3 33 nt^' p' G� a 0m m 'c' im. 'yn - . • % O• 31 /V.;-- g 2 1 3 m Oorr•' " ?n°+ o°i c' ,mm.,m • 03 m m £ . it c�-i' U tg o mp»b• a.7L ru v \ A m yr It p V c o X13' N • d s o Bo g �3nOIV ,m 8 as a N iv oN oaf o joayy� in m m N.< S T.° t be CD 0 om m 300 tp o z-,_._.,__.—_ .._. _. _ m e 3 n 3 • 3• 7 0 m m U.S. Postal Service,. 8 p ED CERTIFIED MAIL, RECEIPT E m r-a (Domestic Mail Only;No Insurance Coverage Provided) » ru a Q' F r elivery inf •n visit ur we•site at www us•s.c mp ' O1 p. m P m X D DJ ❑4m • WINO i s a. H m o 2 mn m v? m fri p a c rB a m m p�\ on Postage $ $1.22 F.� Wn a m 2.v~ m or 0 /y\NW� -1 Certified Fee $2.:r 06 J ru O m O, m n n C 0 - m m a, fL Post ark p m m o p Return Receipt Fee $2. J �. Here W $ o' 4 ,t o p (Endorsement Required) n tJ ❑ ❑❑ m m Restricted Delivery Fee � `7 c c/c W a O 31 �rl a (Endorsement Required) ci a p r m o 3 Z n $6.32 ' • 07/29/2010 . - ` m S 3 rq Total Postage&Fees $ L-u 3 ma li m Sent To e. -° Demund & Loa Duggan c/o Gerald Davis 3 o o -� p Street,Apt.No.; e • ❑❑ e m ❑❑ p or PO Box No. P.O. Box 340 r " z N ° a f y = o . o a s City,State.ZIP+4 �' of Ls CO 80550 a m " Win. - it o, Reverse for Instructions o " Z m PS Form 3800,August 2006 m N °' ' ' ' m U.S. Postal Service i ei o .°=3 ° v CERTIFIED MAIL., RECEIPT S' D , J o S•-•• 3 m C..0 ? w' D g»-o a m o- (Domestic Mail Only;No Insurance Coverage Provided) CD a3 C] - D) a m ?F5 i CD XIg E• rn `R ��. H 800i, 813: O O P- F r•elivery lnf rmati nwsn ur we•site atwww.us•sc•mm m 2 G �' Cl. `� M a m n a, v GAEELEY=C0 1 - , 2 w • O a m p,m m r.h rn '�. ' `-.. tr 0 j a N m us Postage $ $1.22 0395 03 0 mm »ma, m o Q g a s ~ 32.80 06 o m m m a m a = Certified Fee . n 3 .O N R co CO nJ -PostmarK'.-. m n m •y p, in Return Receipt Fee � Here'‘41\ H a 0 a, m a (Endorsement Required) $2• <�� cfc\ I 5t 5'sCD ID 0 y Restricted Delivery Fee $0.00 i�r/� I N c m a 3 o (Endorsement Required) qG, r� S Va. N m rg Total Postage 8 Fees $ $6.3207J24�[O10 3 ' O U1 in m m ro mSent To m 1 r -O Virginia Galindo m o rH u o oorrPOi3xNoo.• 615 East 16th St. 3 Cn a w o m t` cc .� �( P City,State,ZIP+4 m 2 ❑❑p�m { z, _ _� (n Greele , CO 80631 a �. m D 0 2 gat 8 C. ' PS Form 3800.August 2006 See Reverse for Instructions 0 g c 'BTh. 4 m N <' -, .°'.. nJ m m a m a ma v m m < p r° w 0 aoovmo! v;o4k;k m R� mM0g»332 • b D511'1 mm s�' aoomm ••pi `� �a? mitym • •m r, 0,--0. y ro a N b m Q QDD `•2 m m aR ro m '" o am ^' aim a<' 3 a m a = o m (roi m '3, E, 0 'Z m , m =00 a0 �,__._ _ NN .. _. __ ID.< W-y.0 3 0 a a P-.§ g o it <m m U.S. Postal Service1,., 3 in m CERTIFIED MAIL,., RECEIPT o (Domestic Mail Only;No Insurance Coverage Provided) m jj e ri:lF•r•elivery inf•rmati•nvisit•ur we•site at www.us•s.c•m., ' En p ? l0 9 x O T -� cT _ r,Si1 13) 80631 U. 17,.a S m .q m -C w m 1s N m ` F' 5. 0 f. ❑ ❑ m\2 m m m ',1 d 3 co Postage $ $1.05 !�g///�y'''�O��WNp rra �i, n a m a•c 2 'm O n m -t O Gerti(ietl Fee $280 /p �' 6L \ R m n m m m a ♦ _ nJ \.A < _ = m to V to O Return Receipt Fee i PHe�ad( 7 i m m ♦ m En (Endorsement Required) $2.30 JUL q g 5O� WE-I m ❑❑ ❑ ,z a mn y Restricted Delivery Fee U C O R 0 i n g , (Endorsement Required) $0.00 -c m 0 gag 3 Z O CP m 0 § a U ` ♦ • rq Total Postage a Fees $ $6.15 07/29/2010."ISI m a = m is 3@ . _ Sent To -o m £ d 0 m -° Jose & Patricia Rios o treet.Apt.No.; • 2 ❑ ❑ ❑ ❑❑ or PO Box No. 601 East 16th St. N m Z o D a City,State,ZIP+4 N a �. O y a m Greele , CO 80631 3 2 m 2 m 8 cn r N K o r N » U.S. Postal ServiceTM 3 p 5' 0 0-.a3 3 m CERTIFIED MAIL RECEIPT CO m Z ,� o > ?; air' m (Domestic Mail Only;No Insurance Coverage Provided) a3 o Sn a m=fc ,,m_, •.' p.' 3 $ o rno'o y o o ; m m, O a F•r•ellvery inf rmatl•nvlsit ur we•site atwww.usps.c•m® -d 2 o m a • `_� �'m 3 �.3 m EVANS CO 80620;, to calm »y \`�(�`.�VyyypWR Q m O 'co 30 R d O C O.a N Postage $ $1.22 /� 71/.°/y m mg Cr, m n O, O NO V N N 2<'co 2 = f1J Certified Fee $2.80 08 , a N o n o 1p o co 0) Postmark A '" 3 x a, m z O Return Receipt Fee A /v 1 3 year¢ 'O a w y D (n im (Endorsement Required) $2.30 u '//110 "' y - acr O LU ?..... e O Restricted Delivery Fee m`G S o.O ci (Endorsement Required) $0.00 3 o o N O • o N- < Q Lin'� Total Postage 8 Fees $ $6.32 ` a N R.I m m m Sent To o '� o Merit Energy Company m o in Street,Ape No.; 1221 4oth Street p. 4 p-, or PO Box No. '_ ? P 2 co y n City,State,ztP+a Evans,Colorado 80620-2511 8 ru v ❑ ❑ g) rn _ N_ oE-' > > 9 2 m m m r PS Form 3800,August 2006 See Reverse tor Instructions o aaF � So om ; a ZD. CI cr2 El III R• n L °—' 1: Y1' y .1:7V ro ■ ■ ■ to ru % ma ❑ cmi o -om a 0novmo riti ❑❑ ❑ mm ea Q � _ n om a33 O 53 3)3 aal —'w S • 3 '^ m C] tA X m =m•c P•131 m oa T Oca lg g- m • m c - °X to a m�Fc ""� w co 03 a 2 a 3 a' NrD m -1'm m0 m» gm om �� m JOq 'G �m � 33.3 _ a_ arOur F 31�O m ii m' o •ter- I vo1oaJ w H r ° '� `m d a Cry, o �'3a0N ❑ m 1L� o O .2 m o `D ..a-.o '1 < C+ DD N -oy ma< = N so • a, p aO - o n �'2 W N a � N ' a ti R.0ao • yy o m •� m 5't0 ipo o O 0'0 0 • o . m m o U.S. Postal ServiceTM �, ow �° CO P CERTIFIED MAIL.,, RECEIPT 6 o MAIL, x o (Domestic Mail Only;No Insurance Coverage Provided) 1r Q' F•r•eliverylnf•rmatl•n visit•ur website at www.us•s.C.. ® v It n ca P m )( Y C) rn Fiefft-Ii C5 Rai, is P Pi -0 8 EA m w o o o z33 m o j rR ^ a c $ a. m 50z -mi co Postage $ $1.22 039 r re"". a 2 m $ m m ^" e.;' -1 o �.�""� O o a, m a _ fll Certified Fee $2.80 0$ ru m m m m a 1� Postmark ru p < to z' O Return Receipt Fee 2 r J a 0 (Endorsement Required) $2.30 AU 7 3 2010 0 ❑❑❑ 2 m • Restricted Delivery Fee EI Q a �i a s �\` p (Endorsement Required) $0.00 \. O �, o m • ul C w -II O 3 g a F v Total Postage 8 Fees $ $6.32 OBf1rO t-' 9 o m \ c ill .II m E .. 3 J3 Sent To -C » ..) in Matrix Energy, LLC o EA o Street,Apt.No.; P.O. Box 271309 N 0 K ❑ ❑ ' 3 ry or PO Box No. u o m - o D City,State,ZIP+4 Fort Collins, Colorado 80527 w _..:.� „ m PS Form 3800,August 2006 See Reverse for Instructions E p O m T. iv U.S. Postal Service', o a CD ft d z g rg �if n z CERTIFIED MAILTk, RECEIPT 3 m m a 2' ti m g ET-.5 3 3 • (Domestic Mail Only;No Insurance Coverage Provided) co Z VG O .. a-O.< al ri eo 3 3a n m 5£ r,2- .D F•rtlelivery inf rmati•n visit•ur we•site at www.us•s.c m, H " on go 4 g y m o m m. . GREELEY'C0-$0631 �, oo � Tro ?o�iwp1 .m+f° ,- m rn > o o Hamm »m • ra $1.22 ID v W P G m co o c s d N y O Postage $ 0395 '� m •e w 3 CO m- m Certified Fee $2.80 06 o g(n- O �i N . 4ark d 2 m m d m a = cm Return Receipt Fee 2 Foffi re u' 'O 3 F m y.z w y o (Endorsement Required) $ •30 `.`Here N m-%a o 4 y m Restricted Delivery Fee $0.00 .... O m O Q (Endorsement Required) co F m p.3 2 r• _R Total Postage&Fees $ $6.32 07/29/2010 O m p 3 a �- m !7J Sent i'o y a m p ATTN:7�(� Right-of-Way Dept. • a— O Street,APt'N6g-- '1d8t-Tr8a F r orpOBoxNo. 1324 North 7th Ave. ru City,State,ZIP+4 a ' u o m k p o Greeley, CO 80631 P, O m ❑0 sC so wn X Co • PS Form 3800,August 2006 See Reverse for Instructions -. 0 . c z N m m a2 z fL aCI a m 8. m m m a ..c ti . n ru ■ ■ ■ ry m ,3 � . ( '17 ,6 DZ _. � % m` n ft � m o a ? 4 Aio: a. g gvmo t .E, R ❑ ❑❑ m a •• 3 m m S ^ .• r° m gsd.cnv .W Cmx a m • C : Z ' rn D S.. O --m -m o ` d '� • m Z• C' 3 3 <^ P. "5.. rn a m S f c m E' m o m •m m 2 p ....v• a, q a., m g e v - E 3 O c $ o . O m O c O OD.r N • o y O ct R ` O : gm3yaoN r. CD 0 m Oy Darn a C 'O "� 3x'Om y•z_w a! r• _ .Oa mD E N N ~ 9 p y O O m O N eD N CmnV U.S. Postal ServiceTM CERTIFIED MAILT„ RECEIPT o m a (Domestic Mail Only;No Insurance Coverage Provided) 9 o r e C F•r•eliveryinf.rmatt nvisit•urwe•stteat wwwus•sc•me 3 al 6-1 a41: m PLA*t}Ittgreo $0651 `'" m ; o y z. `- \- �+ co 3 O Postage $ $1.22 0395 _ • o `"8 wE -I O '3 `1T $ ` m Certified Fee $2.$0 OU' 91 p,� CI m a 1D acs a _•IL beslMark -t — a I Fr) O Return Receipt Fee y� , m Co p (Endorsement Required) $2.30 ,(fe t 0 „ n m q Restricted Delivery Fee 'I,n ❑ ❑ (a g �'Sn n .4 (Endorsement Required) $0.00 +11 it W PR a p �/ 1°' %'2 ,� Total Postage&Fees $ $6.32 07/24/201¢�`;-Ln a w v 3 o in ru in co rn o a m ° ATTN: Right-of-Way Dept. o ' - f � c O $Yreet A IRk°al-e--Ener-.g-y---P.roduc tiou>-lac N 172: " o r or PO 804 Grand Ave. 0 ❑ -K ❑ ❑ F ❑ ❑ City,State,ZIP+4 N i in d z m a D D Platteville, CO 80651-7560 0 O • o i PS Form 3800.August 2006 See Reverse for Instructions n < y m m z 0 u ° = = ■ ■ ■ U.S. Postal Services,, n c r ° &o o CERTIFIED MAIL. RECEIPT 3 P, m' — fi om »s3 m m = o ro (Domestic Mail Only;No Insurance Coverage Provided) co 3 3 0a Cc n m F "'m F r elivery inf rmati•n visit ur we•ske at www.usps.e rn m of - 0 'o w »II^ o y m d m m �' m GREELEY CO 80631 m 2 c c '� _a a;a� m �ai m w Ci m r ° o a=' nO Postage $ $1.22 0395 d a, a N 0 ro 0 a m Certified Fee $2.80 06 o ] vd ma< a nJ a m O O m m a) p Return Receipt Fee Postmen y,OF 2 co N.D a (Endorsement Required) $2.30 - _ _dre J 0»g m O Restricted Delivery Fee N sC -W O (Endorsement Required) $0.00 3 O N a O R D �'� a Total Postage&Fees $ %.32 07/29/2010 m io ru m ! ,r j. F.' m C Sent To o _ t Greeley Urban Renewal Authority a 2 o r- orPO Box N� 1100 10th St. } #201 3 Er r, v O P Q City,State,ZIP+4 ❑❑ o Greele CO 80631 v aED i g a i- r'""' vi H - , c m am �v oQ a a m _._. ICI ° maim mn - cn • c� � > n 7' ■ ■ ■ t o m m g 3 ` i y o m o 4. a ° o �m o 2 I N '" m a m 3 W We io .... o r O lm a 3 • �A 3 a ❑❑ ❑ u m a y G.) 9. c ;< © ID a ...=co m• I ro Q 2 3 3 C� n a 0 w m C 9 m f) L✓ m o = y 3 0 3g O ^� co a 3 d .m • w cD s3 o m 2 o n.� a aa; m _.y m m F 3 n c arn ci m W F Q v o c 0 a-` 1 03 o ro ,_p o rp % m m »y my o- f, m ❑ b ❑❑crs ^ O o oiu m aka co m P., y a o < Q a� A 3xrUyQrt i I -.O voig0 (n aonrD a ct y J O ° N O ere 0w o _ t 0 '�,Z m m SO O • o m m • 3 CD n 0 m U.S. Postal Service Tr, rn 0 o i CERTIFIED MAIL. RECEIPT 0— X (Domestic Mail Only;No Insurance Coverage Provided) ? ru • , • T a Sa O m > F•r•elivery inT•rmatr nvisit•ur we•site at www us sc mm �O ❑❑CL].m — ✓ ' . 'i r •.. 3 2 C n g m • 3 G Y 1 v o a m m me m r • R O E m a m y N R. L C o Postage $ $1•� 0395 p a s rr a ?2 a m as o f1J m re ; m m a ,< Certified Fee $2.80 - m N m Postmark J a j w_ m 1J Here 03 J RIB () Return Receipt Fee $2.30 ❑ ❑ ❑ m a • (Endorsement Required) C n • W nCO 3 m Restricted Delivery Fee $0.00 ^� a 3 7 (Endorsement Required) _m i 0 ? @ H y� m xi $6.32 07/29/2010 —u JJ G g 3 ✓R Total Postage&Fees $ in e) m o nJ a F Sent To — N -o City of Greeley - ATTN: City Clerkth o • •,-4 Street,Apt.No.: u or m PO Sox No. 1100 10th St. < z m a D D N N N S o m city,state,ZIP+d F ✓ a trO acre?) n GIE e , CO 80631 N y N m m :11 N M r w a 2 , ■ ■ ■ a, U.S. Postal Service. F, A 0 9 x o g z CERTIFIED MAIL. RECEIPT m -4 f v 3 8 m 3.as m ti (Domestic Mall Only;No Insurance Coverage Provided) z 5» o —.m •..• 3 3 C'1 a C7 Q n m S +m -a F r•elivery int rmatl n visit ur website at www.usps.c me j y m O ,g' 6. G C. 8 0 n 0 'm a m n LUCERI$.00.80646 m 2 oao' o ^ Q a za' m ow • rri .-9 _.. Q a 0 is v g f a-' m co Postage $ $1.22 0395 a) w rn m m . n o N -I o $2.80 06 Ng 00 = a, V J O.m ? `mi Certified Fee -\ ci to .w�. a N 0 Q.0 d = FU Postmark- p 0 -, Q Q ry C I Return Receipt Fee $2.30 • : fie`- ' .o + 3 x y w`z W y (Endorsement Required) �'' ) f yd. aornD O �,.r I r. 0 „La- Restricted Delivery Fee WM / J'2 m o Q (Endorsement Required) m0030 0 , a� 1.0 ,..3 Total Postage&Fees $ $6.32 07/29/2010 o m m Ill el v �i o m Serero NuLtil Weld Cuuuty Water o m -° Conservancy District in O r M1 oorPOB Apt.No) 33247 U.S. Overton 85 aIli P m X D o State,zlP+a City, Lucerne, CO 80646 A m Eel E In D O O Kg' + w t. a .CO 3 PS Form 3800,August 2006 See Reverse for Instructions mn c a ; m N p< < ?: in a a n =r 7 .2 a 'N p m 3a m° m a ► .< rti `m m v • m — i D % z n �d -- a m Registered No. I �CX>2,2.Z. / /i Date Stamp W 0 a m ' m . RRS5213'7 a O 3 i , r, 2 Reg.Fee 0 3 $11.50 0395 Er 8 DJ m iL m m F 3 = Handling Return 13 m a Charge $o.00 Receipt $0.00 06 7777 N � mEi. 15. El CI a < a= Postage $1 Restricted $000 7/29/W • rp < ° z < o D D E o Delivery • o �' m ° N o as, caa Received by /".'e i/ - m C in- to m ~ Customer Must Declare Domestic Insurance up to$25.000a included _ - Full Value SKIM based upon the declared value.International (' _ Indemnity is limited.(See Reverse). `LAY a E '4....e..tr'n_. s.e._'1 LI znra�v,M �n �es , a. b o 1 a b (I N>, s ..�rec�pri 1 WgOcite m'a m a c I,2: G sr K ,4 Etc.. me .5-i w er CAIN3POA PS Form 38 br Receipt for Registered Mail Copy 1-Customer May 2007 (7530-02-000-9051) (See Information on Reverse) L For domestic delivery information,visit our website at www.usps.com m J U.S. Postal Service TM U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT CERTIFIED MAILTM RECEIPT P- (Domestic Mail Only;No Insurance Coverage Provided) -a (Domestic Mail Only;No Insurance Coverage Provided) f` F r•elivery inf rmati•n visit•ur we•site at www.us•s.c•m., toF r ellvery inf rmatl nvlsit ur we•site atwww.us•s.c•ma GAEELEY CO 80631' • - I-: s CY 7 YI::$0631' ,- m m co Postage $ $1.22 0395 PO Postage $ $1.22 0395 O O Certified Fee $2.80 pb;. t,��1 \ Certified Fee $2.80 06 N f�deM2rk N Postmark O Return Receipt Fee $2 30 HE O Return Receipt Fee $'2.30 Here O (Endorsement Required) . o (Endorsement Required) Restricted Delivery Fee Restricted Delivery Fee 4� -' �� / ry •00 0 CI c Ill (Endorsement Required) �•� j (Endorsement Required) - d• 20J $6.32 rR Total Postage&Fees $ $6.32 p7�29f2Q1� 1, rR Total Postage&Fees $ p7�741241p tL IL Sent To Sent To o Jerry & Evelyn Goddard o George Mildred Street,Apt t�No. eet.Apt No; . CI orrPO Box No. 805 East 16th St. r` 1019 East 16th St. r City,State,ZIP+4 City,State,ZIP+4 Greele CO 8 Greeley, CO 80631 r r PS Form 3800,August 2006 See Reverse for Instructions U.S. Postal ServiceTm U.S. Postal ServiceT,., CERTIFIED MAIL:, RECEIPT CERTIFIED MAILTM RECEIPT D (Domestic Mail Only;No Insurance Coverage Provided) Dr`., (Domestic Mail Only;No Insurance Coverage Provided) co E' F•r•elivery inf•rmati•nvisit ur we.site at www.us•s.C.rnD S Fr elivery inf•rmati nvisit•ur we•site at www.us•s.C.ma S FGRT:LI !T0il-C838O6_21 n- 1, m FfRT CGLtIid5`°CD S{524 j- m .. ..T ,. ...„ r9r-R Postage $ $1.22 0 - . .0 Postage $ $1.22 S Certified Fee $2.80 06 Certified Fee $2.80 06 r1J rkt�'1 f7J i O Return Receipt Fee ( t`G yroa 1 r<l O Realm Receipt Fee 2 Po'pnsrk p (Endorsement Required) $2.30 , G Here t O (Endorsement Required) $ .30 ,re r O Restricted Delivery Fee Restdcted Delivery Fee rY -- " O Lo (Endorsement Required) $0.00 --. - (Endorsement Required) $p•� Lll rR Total Postage&Fees $ $6.32 07/29/2010 ,-9Total Postage&Fees $ 36.32 07/29/2010 IL al Sent To ATTN: Clay Munger, 0pr. Mgr. Sent To ATTN: David Biandtord o Merit Energy El _ Matrix Energy, LLC Street,Apt.No.; Street,Apt.No.; M1 or PO Box No. 1313 North Denver Ave. , Bldg. 3 ( arPoBoxNo. 201 Linden St. , Ste. 301 City,State,ZIP+4 City,State,ZIP+4 Fort Lu ton, CO 80621 Fort Collins, CO 80524 PS Form 3800.August 2006 See Reverse for Instructions SEN�E': C�M'LETETHISSECTI•N C•M•LETETHISSECTI•N•N•ELIVE•Y • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse ❑Addressee • SO that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • T • Attach this card to the back of the mailpiece, m or on the front if space permits. o. D. Is delivery address different from item 1? ❑Yes m m — 1. Article Addressed to: If YES,enter delivery address below: ❑ No x No �y F1 George Hildred • c m • 805 East 16°St. i Greeley,CO 80631 0 r; I wn __ 3. Service Type I 40 2. ClCertifled Mail ❑Express Mail O _ / �LC�` ❑ Registered ElReturnReceipt for Merchandise • ❑Insured Mail 0 C.O.D. I • 4. Restricted Delivery?(Extra Fee) ❑Yes i• 2. Article Number 7006 2150 0002 0813 4836 r o — (Trans/erlmmservlce/abel) _._ __ —. _-___. ___ - — _— o PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 N — t' Ln — O O O O ro O co m DJ x w W Q' ,EIURNEo SENOO UNC - Uncla►►led a. m ", � � x O ? . O a h � O C It w T 73 N �+ Z Ezi c Mo a la ayy -1 O o <' do ' n' " 9 O f7 W �� oc J �\ a \ L C C oe} 3rmm,N w�) cmmm'm N . . 4IA fl �1 alJt..lrm0 Lag wm QJONO tag N�W�J2 U � ‘,L,' y be 2;,-. u1 . \ Efl O I— O N Z W Zr' N0C -o C 0 Go I 3! W y C N 0(--- �. m �D8U4•1e1k 61 - 3Nn - r- - S �. M30N35�r !...m. 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A,anpa0;o oleo •0 (ewe uu ,( 'aaa!d!!ew eta 10>Ioeg 044 04 pea sly;!pew ■ N d) q Pal PPAlaoaa .e 'noA 04 pie°e41=la ueo em 1e41 os . eassaPPy O OSlana ew uo ssappe pue eweu moA luud • way p a •pa!sap s!Nen!Iea Palogls'ald A V wel! amleu6!gy Olold WOO 05W 8 pUE'3'.swovj 0491d Woo • i A-3AI73• N• NUID3S SM13137.W I0 N.LL33S SIHi aLR7.W AD :. u , I k I1 :' C•1 7LETE THIS SECTION CAM•LETE THIS SECTI IN •N 1ELIVE Y • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X D Agent • Print your name and address on the reverse ❑Addressee_ so that we can return the card to you. B. Received by(Printed Name) C. Da — ■ Attach this card to the back of the mailpiece, - — Z a or on the front If space permits. H I W — D. Is delivery address different from item 1? 1 = X IQ1. Article Addressed to: - H O o If YES,enter delivery address below: 1 E O t.1 Matrix Energy,LLC - 1-3 ° °1 ATTN: David M.Blandford - ti ° m M CD 201 Linden St.,Ste.301 = %d�C'� o Fort Collins,CO 80524 = yy�H o 3. Service Type = C M Pi ran �y - Ii Certified Mail ❑ Express Mail — oiti$w� . rn „ ._. . . ... -- ❑ Registered ❑ Retum Receipt for = iA N ❑Insured Mail ❑C.O.D. — 'Iv-it-4H o — 4. Restricted Delivery?(Extra Fee) 1 - 'P' _ . 0)tits in ' .. 2 Article Number MO OaM N 7006 2150 0002 0813 4997 — Y`��.,j ~I ,I (Transfer from service laben _ _ _ _ = (Id*p.o = — •. fJ O -� IPS Form 3811,February 2004 Domestic Retum Receipt 102 = moors Q' _ N _ C1 tI H ru In EJ — o D — P D Fa D — ru — C) - - D _ w C b., mom . w r o co —Li proop nr 9. o a m ° 1�,' n r � ~ o lle. e. O I r- A T ofco ° LC• n NJ w N 0 ID O. 0 Q N N 0. d L O C C J /n o oT 3rrri; . V , ONo giD WN Ai —' co - n -,N a 0 o o, m SEN�E';GM'LETETHISSECTI•N C•MLETETHISSECTI•N •N'ELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery Is desired. X O Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. • Attach this card to the back of the mailpiece, -B. Received by(Printed Name) C. Date of Delivery T `°or on the front if space permits. co D. Is delivery address different from Item 1? O Yes co 1. Article Addressed to: — If YES,enter delivery address below: ❑ No x o Merit Energy 0 o m O - to ' A l 1N: Clay Munger,Operations Mgr. o ID 1313 North Denver Ave., Bldg.#3 Fort Lupton,CO 80621 FP 0 3. Service Type c H ' _ 'Eertifed Mall O Express Mail I i fa • ❑ Registered ❑ Retum Receipt for Merchandise I — ❑ Insured Mall ❑C.O.D. _ r 4. Restricted Delivery?(Extra Fee) ❑Yes i - I2. Article Number 7006 2150 002 0813 4980(Transfer from service label) 102595-02-M-1540 1 I — —�— _ ^ ?S Form 3811,February 2004 Domestic Return Receipt .J _= 0 O — D _ — I U1 O L...5- J --"---,- c„‘% r, .,.— _ • O _ j Sri CD o 1 \r L • C'1' \ W ��^ W Z -_ go O H 5C O {j .1H E9yZHN [wjc ztrxl)'z w z H•frH 0 •a — = OOIHO p ow 43��'Ul UP , dlit4 til o 00 m o m 0 '1w m o tiD� PI m � ra o 0 d o �� = N t am co o. p _ � o wy ao c ro • c o o Dr- m N w01 c�ormay m .ai -'-_i w?oo r� ` _ N L) m m SEN•E': C•M'LETE THIS SECTI►N C•M•LETE THIS SECiUN •N•ELIVE•V • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X ❑Addressee 50 that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery T • Attach this card to the back of the mailpiece, m or on the front if space permits. D. Is delivery address different from item 1? El Yes 2 1. Article Addressed to: o to ty If YES,enter delivery address below: ❑ No ar ° . n Gary Stewart o_o com no 15466 Coleman Ave. m cn Fort€244It s,CO 80621 0 0 uy° s,C [ Co°° : _-- 3. Service Type N y g ertified Mail O Express Mail I rn ❑ Registered CIReturn Receipt for Merchandise I = ❑ Insured Mail ❑C.O.D. I 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7006 2150 2002 0813 14935 - (rranster from service label) ._. PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 _ in - in 0' ru = E-, Dl El r_ o im — _ o — _ ru in a m w .c _. _n _ ...... . — z (....) . .........., Ln ,i — H 7— C.--- SE Sri• c'y d o in C) - b .-3 a� tt�o cn m 3drt't o rxt�nx o a r H+it'•3 c)o�o m o " coo m - moview Y N Pof raj o V V Li i� N •- o TN '•aa N u •- to - 0 1i_ i, Page 1 of 1 Identify Results Parcel Valuation Parcel#: 096109100013 Account#: R3330286 Name&Address: Property Address: Owners wnersT GARY Street: 821 E 16 ST WELD STEWAR15466 COLEMAN AVE City: WELD FORT LUPTON, CO 80621 • Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(303)666-6657 Fax(303)666-6743 Statement of Understanding Landowner of Adjacent Structure Statement: Our notarized signature below testifies we have been provided with and opportunity to review: 1) a Stability Analysis Report pertaining to the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049; and, 2) a Map showing the approximate relationship of our property and the potential for any qualified significant, valuable and permanent man-made structure(s), which may occur within 200 feet of lands affected within the the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049. Upon review of the available materials; And understanding the relationship of any significant, valuable and permanent man-made structures under our ownership and which may stand within 200 feet of lands affected within the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049; Further, by our signatures, as notarized below, we concur that planned activities detailed in the application for permit M-2010-049; do not impact our qualified significant, valuable and permanent adjacent man-made structures; and that any damage to said structures directly attributed to the activities of Varra C panics, Inc. (the Operator); will be compensated for by the Operator. , �4 (1 ,2010 Signature of Adjacent Land Date AN L . 5.4-(0/4-67 Print Name State of ) ss. County of c. r v4 C ) The foregoing instrument was acknowledged before me this q74 day of C-- Iv-Csi.'-oit' -go\u4009;by ,��—.� . Sc_ - -.,s c?t y ( Mcbrcetr�sr->- for My c)1/4. fc,.e,.c l Lze_ ). Title Company or Corporation Y'p``��L ary Public ti1NRR My Commission expires: a, a l a S`.i. jJY I 2 IN COMMISSION EXPIRES: Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone,(303)666-6657 Fax(303)666-6743 Statement of Understanding Landowner of Adjacent Structure Statement: Our notarized signature below testifies we have been provided with and opportunity to review: 1) a Stability Analysis Report pertaining to the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049; and, 2) a Map showing the approximate relationship of our property and the potential for any qualified significant, valuable and permanent man-made structure(s), which may occur within 200 feet of lands affected within the the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049. Upon review of the available materials; And understanding the relationship of any significant, valuable and permanent man-made structures under our ownership and which may stand within 200 feet of lands affected within the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049; Further, by our signatures, as notarized below, we concur that planned activities detailed in the application for permit M-2010-049; do not impact our qualified significant, valuable and permanent adjacent man-made structures; and that any damage to said structures directly attributed to the activities of Varra Companies, Inc. (the Operator); will be compensated for by the Operator. aelf� —� 7�aRl�c I 2 - ,2010 Signature of Adjacent Landowner Date 9 a b Ot Y—zt. Val ccet Print Name State of Ct ) 61 •f ) ss. County of (� ) tik— The for oin mstrryyment wa. acknowledged before me this 1 14.day of C1 fif. , , 2 , y (1 NOCCM Varna ( for �°1� Titl Company or Corporation CORAANN NEUBERGER Notary Publich U NOTARY PUBLIC,STATE OF COLORADO rr My Commission expires: `T-Z-aU My Comm. Expires April 28,2014 2 Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(303)666-6657 Fax(303)666-6743 Statement of Understanding Landowner of Adjacent Structure Statement: Our notarized signature below testifies we have been provided with and opportunity to review: 1) a Stability Analysis Report pertaining to the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049; and, 2) a Map showing the approximate relationship of our property and the potential for any qualified significant, valuable and permanent man-made structure(s), which may occur within 200 feet of lands affected within the the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049. Upon review of the available materials; And understanding the relationship of any significant, valuable and permanent man-made structures under our ownership and which may stand within 200 feet of lands affected within the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049; Further, by our signatures, as notarized below, we concur that planned activities detailed in the application for permit M-2010-049; do not impact our qualified significant, valuable and permanent adjacent man-made structures; and that any damage to said structures directly attributed to the activities of Varra Companies, Inc. (the Operator); will be compensated for by the Operator. eern,�� 4Ufrost Z ,2010 Signature of Adjacent Landowner Date I >00..I PD`JSEL.T vi?t4ic)A6C/2 AiOKM, ltfeJ J C Wtyry WA-MC i7rsT2,cr Print Name State of Ca Lo (--c-c-" ) ) ss. County of we.1£ ) The foregoing instrument was acknowledged before me this a nA day of )L -cu st >te 2/�,00`9,by tcti j>occe4+ ((nc..nc. C r for Mc> LJecl( Ceor.+-7 "b skk-r re,i' )```. Title Company or Corporation r EEN M 1 i •NOT , F„ Notary Public s ��r ' PFranc F My Commission expires: -i a9 , ao(0 Elyc. .. ��LI P 2 cOLG Varra Companies, Inc. Office of Special Projects 8120 Gage Street Frederick,Colorado 80516 Telephone(303)666-6657 Fax(303)666-6743 Statement of Understanding Landowner of Adjacent Structure Statement: Our notarized signature below testifies we have been provided with and opportunity to review: 1) a Stability Analysis Report pertaining to the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049; and, 2) a Map showing the approximate relationship of our property and the potential for any qualified significant, valuable and permanent man-made structure(s), which may occur within 200 feet of lands affected within the the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049. Upon review of the available materials; And understanding the relationship of any significant, valuable and permanent man-made structures under our ownership and which may stand within 200 feet of lands affected within the proposed Western Sugar Reclamation Land Development Project Permit Application M-2010-049; Further, by our signatures, as notarized below, we concur that planned activities detailed in the application for permit M-2010-049; do not impact our qualified significant, valuable and permanent adjacent man-made structures; and that any damage to said structures directly attributed to the activities of Varra Companies, Inc. (the Operator); will be compensated for by the Operator. of. Z6 ,2010 Signature of Adjac nt an avi-J Date Vebeeea L. Sa aoL Print Name State of co U rcc of U ) g ) ss. County of V e The foreg instrument was kn4wledged before me this 2 day of 2009,by e cc 1-. -4ril - (Comm be br. for r le (,),r+ocon en e'•NA ). Title Company or Corporation Corn— RY Po* Notary Public My Commission expires: 31. .9 l i ANNE M. ? 00 2 UIIBBNITCH ��:, sq. QUITCLAIM DEED THIS DEED,made this 27 day of August,2010 between The Western Sugar Cooperative,A Colorado Cooperative Corporation grantor(s),and Varra Companies,Inc. whose legal address is: 8120 Gage Street Frederick,CO.80516,grantee(s), WITNESSETH,That the grantor(s),for and in consideration of$1.00 and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has/have remised,released, sold,conveyed and QUITCLAIMED,and by these presents does remise,release,sell,convey and QUITCLAIM unto the grantee(s),his/her heirs,successor and assigns,forever,all the right,title,interest, claim and demand which the grantor(s)has/have in and to the property,if any,situate,lying and being in the County of Weld and the State of Colorado,described as follows: A tract of land being a part of Lot 4 of the NW1/4 NE1/4 and a part of Lot 1 of the SW1/4 NE1/4 of Section 9,T.5 N.R.65 W.of the 6th P.M.,according to the subdivision of lands by The Union Colony of Colorado,and being more particularly described as follows:Beginning at the Southeast corner of said Lot 1 in the SW1/4 NE1/4 of said Section 9,and considering the east line of said Lot 1 to bear north 00°09'east and with all other bearings contained herein relative thereto;thence north 00°09'east, 629.06 feet along the east line of said Lot 1 as to the true point of beginning;thence south 81°43'west, 427.7 feet;thence north 21°44'east,177.46 feet;thence north 16°11'west,118 feet;thence north 77°58'east,400 feet;thence south 00°09'west,299.94 feet to the true point of beginning. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges attached thereunto belonging or in anywise thereunto appertaining,and all the estate,right, title,interest and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use, benefit and behoof of the grantee(s),his/her heirs and assigns forever. IN WITNESS WHEREOF,The grantor(s)has/have executed this deed on the date set forth above. Michael C.Rodgers V.P.of Finance&CFO Western Sugar Cooperative Grantor(s): State of Colorado County of b2,p.‘J42_.(✓\ The foregoing was acknowledged before me this 27 day of August,2010 by:Michael C.Rodgers grantor(s). 1 �� My commission expires:�741 yC2�� ary Public STORM WATER MANAGEMENT PLAN Western Sugar Reclamation Pit #120 March 5, 2010 VARRA COMPANIES, INC. 8120 GAGE STREET. FREDERICK, COLO. 80516. March 5, 2010 Colorado Department of Public Health and Environment Water Quality Control Division WQCD-PE-B2 4300 Cherry Creek Drive South Denver, CO 80222-1530 Attention: Permits and Enforcement Section Telephone (303) 692-3590 Subject: Storm Water Management Plan for Great Western Sugar Reclamation Pit # 120 1200 Ash Ave. Greeley, Co. 80631 Notice: A Storm Water Management Plan (SWMP) is required before submittal of a Storm Water Permit Application with the Colorado Department of Health Water Quality Control Division. The following information serves as visible evidence of an in-place SWMP. The formatted information follows that indicated in the CDH Guidance Document of 14 June 1993. The Great Western Sugar Reclamation property is a parcel of level vacant land bordered by Ash Avenue on the West, residential and industrial property on the South, Birch Avenue and a permitted Sand and Gravel mining operation on the East and the Cache La Poudre River on the North. Due to the natural topography of the parcel, and general direction of flow, the storm water exits the site via the seep ditch traversing the center of the property. (North-North East). Subsequent material extraction activities of tracts #1, #2, and #3 will cause all storm water to drain into the pit, where a discharge pump will discharge the storm water along with the ground water into a settling pond prior t o discharge into the seep ditch and ultimately into the Cache La Poudre river. All lands contained within the boundary of tract #4 will be directed to the pit where it will settle before being discharged into the Cache La Poudre River. The majority influence of water on site is from ground water, and not from upland, overland land flows. Any overflow from the settling pond will be diverted East by a V-ditch to an adjacent 60 foot deep three acre settling pond currently being used for sand and gravel processing plant waters and a ready mix washout facility. Process water from the on site sand and gravel crushing plant will also be directed via V-ditch to the off site three acre settling pond. Any storm water run off from the adjacent property West of the property will be directed to a detention facility on the North West corner of the property to allow for settlement prior to drainage into the excavated pit of tract #1 for additional settling. (Rip-Rap/straw bales/silt fence will be used to control water erosion) Ground water along with the storm water run off will be discharged to the settling pond before being discharged to the seep ditch and ultimately to the Cache La Poudre River. 1. SITE MAPS Current site maps are located in the Storm Water Permit Application. --- Access and haul roads. --- Materials handling area. (Use of conveyors will be used to transport material from the excavation tracts to the processing area). --- Structural control measures reduces pollutants in the storm water run off and ground water --- Area used for processing. --- Date the map was revised 2/08/2010 II. DESCRIPTION OF POTENTIAL POLLUTANT SOURCES/MATERIAL The primary pollutant is sediment created by exposure and movement of materials. Secondary potential pollutants are fuel and oil leaked from traversing vehicles and heavy equipment. Minor spillage can occur at the mobile fueling station and/or fuel storage tank. The conveyors along with the processing plant are powered by electric energy and are not considered a pollutant source. A tertiary source of pollutants is spent containers, grease tubes and employee vehicles. III. STORM WATER QUALITY CONTROLS A. SWMP Administrator: - All duties for the management and control of storm water via this plan are delegated by and the responsibility of Christopher L. Varra, President. B. Materials Handling and Spill Prevention: - All materials are handled internally and are not anticipated to breach the internal drainage of the site. Control of soil is detailed under part C, below. Stockpile material at the processing location is deterred from exiting the site by its large size. Anticipated chemical pollution would be from minor leaks of diesel fuel, gasoline, or oils (lubricants, hydraulic fluids, crankcase oil). Equipment leaks are checked daily and repairs ordered when leaks are observed. Service personnel make repairs on heavy equipment off site. Oil from all locations (including filters and oil changes) is recycled to a waste oil facility. Where noticeable leaks are observed on the ground, the material is removed by front-end loader and stored in a bermed secured area. There will be incidents of this kind. If larger spills occur, the material will be placed in covered leak-proof containers and hauled to an appropriate landfill certified to dispose of contaminated soil/overburden. Absorbents are maintained with the refueling station to attend to any incidental spills. C. Erosion and Sediment Controls: - Graveled haul roads control sediment. Which, prevent escape of material due to storm water. Where road surfaces are compact, treatment of those areas will not be necessary. Roads are relatively flat and do not support significant runoff. Primary concerns will be to control soil erosion. Sediment is controlled by the topography. which prevents escape of materials due to storm water. Water trucks are used to keep haul roads damp in order to control the dust. Sediment that settles in the excavation pits is recycled to the processing plant. D. Testing of discharges: - Testing will be conducted as directed by the Colorado Department of Health and Environment (Water quality control division). E. Stored fuels and oils: -All fuels and oils will be stored on the mobile fueling station or off site. All other housekeeping measures, such as, keeping grounds free of trash, empty containers, or potential pollutants, are performed daily. Trash is secured in covered leak proof containers until removed to an appropriate landfill for disposal. F. Storm Water Control Inspections. Inspections of all storm water controls are made periodically throughout the year, with a minimum of 2-recorded inspections one in the spring and one in the fall to verify the integrity of the site. G. Maps Site Maps / Location & Sketch. • The plant processing area is identified on the Location Map # 1. • The Sketch Map # 2 shows the internal movement of materials and how storm water is conveyed to excavation pits and outfall points 1,2,3, & 4. #1 active and #2, #3, and #4 as backup out falls. 1 • PP ,. �\ 5 � \ \ _ LThi'f �. 9 J I \ �yf • ^;gQ1I I m Eb J .. N r i a Y I � 1 s f gg :ii gi g 11" 11 Will f� Mil ii itp lip II"git i Ai il Z I; I1 i VARRA CCLPANE9. INC. DSATE: 2 - 0 Rao aca Sr GREAT MESIEAN RGR EL Y.C M!O SIR DEVELOPMENT DAR: p IO m ( mi sam�Aur CREEPY. REVISOR: NONtitk COMPANIES PAGE: 1 OF____1_ P w / • 1i? /17 a 1 I. � „ I » 1 / 1 1 SCALE: 1' SW _/✓3 I VARRA COMPANIES.INC. GREAT WESTERN IRECLOIA1NX1 AND S11E OEVELOPIENT DAIS: 2/2/10 ,[—\"\`-/L�///�,�yl'J'y�T';71~.l\_a1 am or31 1100 O1EElEY,COLORADO �a RS3) -6 REVISION: lowOoc Ow)OM-6W � PAGE: �OF_� STATE OF COLORADO Bill Ritter,Jr.,Governor >i � James B.Martin,Executive Director wo Dedicated to protecting and improving the health and environment of the people of Colorado yei. 4300 Cherry Creek Dr.S. Laboratory Services Division • `� Denver,Colorado 80246-1530 8100 Lowry Blvd. r/876 Phone(303)692-2000 Denver,Colorado 80230-6928 TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment August 9,2010 Christopher L. Varra,President Varra Companies, Inc. 8120 Gage St Frederick, CO 80516 RE: Certification,for the Colorado Wastewater Discharge Permit System Permit Number: COG-500000,Facility Number: COG-501526 Dear Mr. Varra: Enclosed please find a copy of the Certification, which was issued under the Colorado Water Quality Control Act. You are legally obligated to comply with all terms and conditions of the permit and certifications. Please read the permit and if you have any questions, contact me at(303)692-3531. Should you have questions on the fee,please call(303)692-3529. Sincerely, cdri-g# Loretta Houk Water Quality Protection Section WATER QUALITY CONTROL DIVISION Enclosure xc: Regional Council of Government Permit File Permit Fees /lh cert At1G 13 2010 Permit Number COG-500000 Facility Number COG-501526 Page 1 Colorado Discharge Permit System Regulations CERTIFICATION under DISCHARGES ASSOCIATED WITH SAND AND GRAVEL MINING AND PROCESSING OPERATIONS (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) (SIC No:1442) Category 07,Subcategory IA, Current annual fee$270(CRS 25-8-502) This certification specifically authorizes Varra Companies,Inc.to discharge in accordance with the General Permit for Sand and Gravel Mining and Processing Operations(and other nonmetallic minerals except fuel). All correspondence relative to this facility should reference the specific facility number,COG-501526 Permittee Contact Varra Companies,Inc Christopher L. Van-a,President 8120 Gage Street Phone: 303-666-6657 Frederick,CO 80516 Email: vcisafety@msn.com Local Contact: Lucas Triebold, Safety Director Phone: 303-591-1727 Project Name,Activity and Location Pit#120 Great West-groundwater from pit dewatering associated with sand and gravel mining and aggregate washing is discharged from this site.The facility is located at 1200 Ash Avenue in Greeley,(Weld County)Colorado 80631. Latitude:40.421°north, longitude: -104.665°west. Discharge Points The discharge is loacted at Latitude:40.421°north, longitude: -104.66°west. Discharge Point Description Estimated Flow Rate 00IA The discharge flows to a sediment basin prior to entering the Cache la Poudre. Avg.=7.2 MGD Effluent Parameters The discharge goes to Segment 12 of the Cache la Poudre River Sub-basin,South Platte River Basin,found in the Classifications and Numeric Standards for the South Platte River Basin (Regulation No. 38; last update effective June 30, 2010). Segment 12 is designated as Reviewable,and is classified for the following beneficial uses: Aquatic Life, Class 2 (Warm); Recreation, Class E;and Agriculture. Effluent Limitations and Monitoring Parameter Limitations Monitoring 30-Day 7-Day Daily Rationale ' Sample Type Frequency Avg Avg. Max ------------------------General Permit Requirements-------------------------- Flow, MGD Report NA Report Discharge Evaluation Continuous/2 Recorde2/ Instantaneous In-situ pH,s.u. N/A NA 6.5-9.0 Water Quality Standards 2 Days/Month Grab Oil and Grease,mg/1 N/A NA 10 State Effluent Regulations 2 Days/Month Visual' Total Suspended Solids,mg/l 30 45 NA State Effluent Regulations 2 Days/Month Grab Selenium,Potentially Dissolved,ug/1 Report NA Report TMDL/303(d) Monthly Grab 1— For a minor facility,as determined by the EPA NPDES Permit Rating Worksheet,all weekly monitoring requirements shall be changed to 2 days per month. '— If power is not available,flow may be measured on an instantaneous basis. Major facilities shall monitor flow weekly,minor facilities 2 days/month - If a visual sheen is noticed,a grab sample must be taken and analyzed for oil and grease ISSUED AND EFFECTIVE: AUGUST 6,2010 EXPIRATION: JUNE 30,2013 Permit Number COG-500000 Facility Number COG-501526 Page la Other Conditions Chemicals The permittee did not specify any chemicals for use in waters that may be discharged. On this basis,no chemicals are approved under this permit. Prior to use of any applicable chemical,the permittee must submit a request for approval which includes the most current Material Safety Data Sheet(MSDS)for that chemical. Until approved,use of a chemical in waters that maybe discharged could result in discharge of pollutants not authorized under the permit. Antidegradation An antidegradation analysis may apply in the future if additional parameters are added to this certification.Current limits are technology based,the antidegradation does not allpy. Samplinz Sampling shall occur at a point after treatment, or after the implementation of any Best Management Practices(BMPs). If BMPs or treatment are not implemented, sampling shall occur where the discharge leaves control of the permittee,and prior to entering the receiving stream. Samples must be representative of what is entering the receiving stream. Monitoring and Reporting Discharge Monitoring Reports(DMR)must be submitted quarterly as long as the certification is in effect.The permittee shall provide the Division with any additional monitoring data on the permitted discharge collected for entities other than the Division. This will be supplied to the Division within 48 hours of the receipt of the data by the permittee. This certification to discharge is effective long term. For termination of permit coverage,the permittee must initiate this by sending a letter to the Division requesting the permit certification be terminated. Total Maximum Daily Loads (TMDL)/303(d)Listings Segment 12 of the Cache La Poudre River Sub-basin,South Platte River Basin is on the 303(d)list as impaired for Selenium and E. coli with a designation of Low priorityfor Selenium and High for E.coli. A TMDL has not yet been developed or fmalized,and therefore waste load allocations have not been made for this parameter. At such time as a TMDL is complete,this certification may be reopened,and limitations and or monitoring requirements may be added. Until such time,monitoring and reporting for Selnium will be required. Best Management Practices The permittee shall implement and maintain the Best Management Practices(BMP)for the prevention of erosion and the control of solid and liquid pollutants due to the discharge. BMPs include various options,such as:modification of the pipe discharge structure to disperse flows;containment of water by hay bales or other comparable structures;the use of geocloth, filter fabric,or plastic sheeting for protection of containment structures;rip-rap;and/or any other approved methods. Stormwater Management Plan See Part I.C.of the permit for stormwater requirements. At the time of application,the permittee certified that they had developed and implemented a Stormwater Management Plan(SWMP) for this facility. The permittee shall amend the SWMP whenever there is a change in design,construction,operation,or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the State,or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with mining activity. A copy of the SWMP must be kept on site and provided to the Division upon request. The General Permit for Sand and Gravel Mining and Processing Operations(and other nonmetallic minerals except fuel)is attached. The permittee should review this permit for familiarity with all of the permit requirements. If the permittee has questions related to this certification that cannot be answered by a review of the permit,the permit writer should be contacted. Permit Writer Maura McGovern 303-692-3392 August 4,2010 Permit Na COG-500000 CDPS GENERAL PERMIT FOR SAND AND GRAVEL MINING AND PROCESSING (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act(25-8-101 et seq., CRS, 1973 as amended), facilities engaged in mining and processing of sand and gravel and other nonmetallic minerals(except fuel)are authorized to discharge surface runoff and process water from authorized locations throughout the State of Colorado to specified surface waters of the State. Such discharges shall be in accordance with conditions of this permit. The applicant may demand an adjudicatory hearing within thirty(30)days of the issuance of the final permit determination,per the Colorado Discharge Permit System Regulations, Regulation No. 61 (5 CCR 1002-61). Should the applicant choose to contest any of the effluent limitations, monitoring requirements or other conditions contained herein, the applicant must comply with Section 24-4-104 CRS and the Colorado Discharge Permit System Regulations. Failure to contest any such effluent limitation, monitoring requirement, or other condition, constitutes consent to the condition by the Applicant. This permit specifically authorizes the facility listed on page 1 of this permit to discharge process generated wastewaters and/or stormwater, as of the date stated below, in accordance with the permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight,June 30;2013 Issued and Signed this 30th day of May,2008 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 194 Janet Kieler, Permits Section Manager Water Quality Control Division ISSUED AND SIGNED: MAY 30,2008 EFFECTIVE DATE OF PERMIT: JULY 1,2008 TABLE OF CONTENTS PARTI 3 A. COVERAGE UNDER THIS PERMIT 3 B. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 4 I. Effluent Limitations and Monitoring Requirements—Crushed Stone,Construction Gravel,etc 4 2. Effluent Limitations and Monitoring Requirements—Phosphate Rock Mining 5 3. Effluent Limitations and Monitoring Requirements—Industrial Sand 5 4. Effluent Limitations and Monitoring Requirements-Industrial Sand-HF 6 5. Effluent Limitations and Monitoring Requirements-Graphite 6 6. Effluent Limitations and Monitoring Requirements-Batch Plants 7 7. Compliance Schedules 7 8. WET Testing 7 C. STORMWATER DISCHARGES 9 D. DEFINITIONS OF TERMS 14 E. GENERAL MONITORING, SAMPLING AND REPORTING REQUIREMENTS 15 1. Routine Reporting of Data 15 2. Reporting-Stormwater Annual Report 15 3. Representative Sampling 16 4. Analytical and Sampling Methods for Monitoring 16 5. Records 17 6. Flow Measuring Device 17 7. Signatory and Certification Requirements 17 PART II 18 A. NOTIFICATION REQUIREMENTS 18 1. Notification to Parties 18 2. Change in Discharge 18 3. Special Notifications-Definitions 19 4. Noncompliance Notification 19 5. Other Notification Requirements 19 6. Bypass Notification 20 7. Upsets 20 8. Discharge Point 20 9. Proper Operation and Maintenance 20 10. Minimization of Adverse Impact 21 11. Removed Substances 21 12. Submission of Incorrect or Incomplete Information 21 13. Bypass 21 14. Reduction,Loss,or Failure Of Treatment Facility 21 B. RESPONSIBILITIES 21 1. Inspections and Right to Entry 21 2. Duty to Provide Information 22 3. Transfer of Ownership or Control 22 4. Availability of Reports 22 5. Modification,Suspension,Revocation,or Termination of Permits By the Division 22 6. Oil and Hazardous Substance Liability 24 7. State Laws 24 8. Permit Violations 24 9. Property Rights 24 10. Severability 25 II. Renewal Application 25 12. Confidentiality 25 13. Fees 25 14. Duration of Permit 25 15 Section 307 Toxics 25 16. Antibacksliding 25 17. Effect of Permit Issuance 26 18. Requiring an Individual CDPS Permit 26 19. Requesting an Individual CDPS Permit 26 20. Requesting Coverage Under the General Permit 27 PART I Page No.3 Permit No.COG-500000 A. COVERAGE UNDER THIS PERMIT 1. This general permit authorizes stormwater and process water discharges from sand and gravel operations and other non- metallic mineral mining(except fuel),including asphalt and concrete batch plants into surface waters of the State of Colorado. Discharges to groundwater are not authorized under this general permit,and would be subject to the jurisdiction of the Division of Reclamation,Mining and Safety. This permit may cover the stormwater and process water discharges from crushed stone,construction sand and gravel, phosphate rock,industrial sand,graphite,and concrete or hot asphalt batch plants as defined in 40 CFR Part 436. This general permit does not cover the discharge from any domestic type wastewaters,or operations mining or processing from gypsum,asphaltic mineral,asbestos and wollastonite,barite,fluorspar,salines from brine lakes,borax,potash, sodium sulfate, frasch sulfur,bentonite,magnesite,diatomite,jade,novaculite,or tripoli facilities.An individual permit may be necessary for the coverage of domestic wastewater in combination with any other allowable discharge due to the incorporation of baseline conditions into the federal limitations.Due to the nature of general permits,determinations of the assimilative capacity of the receiving stream(s)are not available. All limitations set in this permit are based upon the most stringent water quality standards,the Regulations for Effluent Limitations,and/or the federal effluent limitation guidelines. Discharges may be covered under this permit at the Division's discretion,providing that such wastewater would not require effluent limitations and/or monitoring requirements other than those contained in this permit. Such determinations will be made on a case-by-case basis upon review of the permit application and any additional relevant information. If discharge from one or more of the above listed sources require additional limitations and/or monitoring requirements,an individual permit may be required. Multiple discharge points from one facility may be authorized through this permit providing all meet these criteria. 2. This permit does not constitute authorization under 33 U.S.C. 1344(Section 404 of the Clean Water Act)of any stream dredging or filling operations. 3. In order to apply for certification under this general permit,the owner,operator,and/or authorized agent of the subject facility shall submit by certified mail or hand delivery,the completed General Permit for Nonmetallic Mineral Mining and Processing (Sand and Gravel)Application. If the discharge is to a storm sewer system,ditch,or other manmade conveyance,approval from the owner of the system must be obtained before discharge. At least 30 days before the anticipated date of discharge,the application in its entirety,shall be submitted to: Colorado Department of Public Health and Environment Water Quality Control Division Permits Section 4300 Cherry Creek Drive South Denver,CO 80246 The Division shall have up to thirty days after receipt of the above information to request additional data or deny the authorization to discharge under this general permit. Upon receipt of additional information,the Division shall have an additional 30 days to issue or deny authorization to discharge. If the Division determines that a new facility does not fall under the authority of the general permit,then the information received will be processed for an individual permit,and the applicant shall be notified of such a determination. If during the renewal process,the Division determines that a facility no longer qualifies for the general permit,the facility will be allowed to discharge under the general permit until an individual permit is issued. 4. The final limitations to be applied under this permit shall take into consideration the application of the appropriate discharge categories,applicable water quality standards,control regulations,total maximum daily loads,and other regulatory requirements. Potential limitations may include but are not limited to the general limitations as provided in Part I.B below. 5. Authorization to discharge under this general permit shall expire on June 30,2013. The Division must evaluate this general permit once every five years and must recertify all applicants'authority to discharge under the general permit at such time. Therefore,a permittee desiring continued coverage under the general permit must reapply by November 30, 2012. The Division will determine if the applicant continues to operate under terms of the general permit. 6. No chemicals shall oe added to the discharge unless the Division grants specific approval in a certification,letter,or other PART I Page No.4 Permit No.COG-500000 form of communication. To approve a chemical(including release agents),the Division must have the chemical's MSDS sheet. All chemicals must be used and stored in accordance with the manufacturers recommendations and in accordance with any applicable state or federal regulation. 7. There shall be no discharge of solid animal or food waste,vegetative wastes(grass, leaves,manure,garbage,etc),or any floating solids or visible foam, in other than trace amounts. 8. All discharges must comply with the lawful requirements of federal agencies,municipalities,counties,drainage districts and other local agencies regarding any discharges to storm drains systems,conveyances,or other water courses under their jurisdiction. In addition,prior to the discharge the permittee must notify the owner of the system of the date,approximate time,location,and duration of the discharge(s). 9. Bulk storage structures for petroleum products and other chemicals shall have secondary containment or equivalent adequate protection so as to contain all spills and prevent any spilled material from entering discharged waters or waters of the State. B.EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Effluent Limitations and Monitoring Requirements —Crushed Stone, Construction Gravel and all other industrial facilities covered under SIC Code 14(not covered below) a. Crushed Stone-means process wastewater generated during the mining or quarrying and processing of crushed and broken stone and rip rap.This includes all types of rock and stone,except rock and stone that is crushed or broken prior to the extraction of mineral,which is covered elsewhere.The processing of calcite,however,in conjunction with the processing of crushed and broken limestone or dolomite is included. b. Construction Sand and Gravel—means process wastewater generated during the mining and processing of sand and gravel for construction or fill uses. • The above categories are subject to 40 CFR Part 436 Subparts B(Crushed Stone),and C(Construction Sand and Gravel). These limitations also apply to all other industrial facilities covered under SIC Code 14(that are not covered below). The following limitations apply as outlined in these subparts. Limitations Parameter 30-Day 7-Day Daily . Rationale • Monitoring Sample Avg. Avg. Max. Frequency' Type -----------------------------------General Permit Requirements---------_—____—__—_— Flow,MGD • Continuous/ Recorder/ Report NA Report Discharge Evaluation Instantaneous In-situ 2 pH,s.u. N/A NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/I N/A NA 10 State Effluent Regulations Weekly Visual 3 Total Suspended Solids,mg/1 30 45 NA State Effluent Regulations Weekly Grab ----------------------Site Specific Limitations-------------_ Total Dissolved Solids,mg/1* Report NA Report Salinity Regulations Quarterly° Grab Total Phosphorus(as P),mg/I •• Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) State Permit Limitations Chronic Stat Diff and IC25 a IWC Quarterly 3 Grab/Test Acute LC50> 100% Quarterly Grab 1-For a minor facility,as determined by the EPA NPDES Permit Rating Worksheet,all weekly monitoring requirements shall be changed to 2 days per month. 2—If power is not available,flow may be measured on an instantaneous basis. Major facilities shall monitor flow weekly,minor facilities 2 days/month 3—If a visual sheen is noticed,a grab sample must be taken and analyzed for oil and grease 4—Quarterly monitoring shall be prescribed if the limitation is based upon discharge to the Colorado River Basin. If the limitation is based upon agricultural protection, the monitoring frequency shall be weekly. "The TDS limitation will normally apply to discharges in the Colorado River Basin. "The phosphorus limitations apply to discharges to the Dillon Reservoir Watershed,Cherry Creek Reservoir Watershed,Chatfield Reservoir Watershed,and the Bear Creek Watershed,as defined in Regulation 71,72,73 or 74 respectively. The permittee may be required to obtain a phosphorus allocation from the applicable control regulation authority prior to certification under this general permit. PART II Page No.5 Permit No.COG-500000 2. Effluent Limitations and Monitoring Requirements—Phosphate Rock Mining_-means process wastewater generated by the mining or quarrying of phosphate bearing rock,ore, or earth, for the phosphate content. The above category is subject to 40 CFR Part 436 Subpart R(Phosphate Rock). The following limitations apply as outlined in this subpart. Limitations Monitoring Sample Parameter 30 Day 7-Day Daily Ratiorrele Fre iuency 3 Type Avg:' Avg:. Max1 ------------- ---------General Permit Requirements------------------------- Flow,MGD Continuous/ Recorder/ Report NA Report Discharge Evaluation 2 2 Instantaneous In-situ pH,s.u. N/A NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/1 N/A NA 10 State Effluent Regulations Weekly Visual 3 -- ----- -----Federal Effluent Limitation Guidelines---------------------------------- Total Suspended Solids,mg/I 30 NA 60 Federal ELG Weekly Grab -----------------Site Specific Limitations--------------------------------- Total Dissolved Solids,mg/I* Report NA Report Salinity Regulations Quarterly* Grab Total Phosphorus(as P),mg/I ** Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) State Permit Limitations Quarterly 3 Grab/Test Chronic Stat Diff and IC25>IWC Quarterly Grab Acute LC50> 100% Footnotes 1-4,*and**can be found under Part I.B.I. 3. Effluent Limitations and Monitoring Requirements—Industrial Sand-means process wastewater generated during the mining and processing of sand and gravel for uses other than construction and fill.These uses include,but are not limited to,glassmaking, molding,abrasives,filtration,refractories,and refractory bonding.This does not include}IF flotation facilities,which are covered in a different table. The above category is subject to 40 CFR Part 436 Subpart D(Industrial Sand). The following limitations apply as outlined in this subpart. Limitations Parameter 30-Day 7-Day ` Daily Rationale Monitoring Sample Avg. Avg. Max. Frequency Type ---------- ---------General Permit Requirements------------- Flow,MGD Report NA Report Discharge Evaluation Continuous/z Recorder/ Instantaneous In-situ pH,s.u. N/A NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/1 N/A NA 10 State Effluent Regulations Weekly Visual 3 -- ----------Federal Effluent Limitation Guidelines----------- ---- Total Suspended Solids,mg/I 25 NA 45 Federal ELG Weekly Grab -- ---------------------Site Specific Limitations--------- --- Total Dissolved Solids,mg/I* Report NA Report Salinity Regulations Quarterly' Grab Total Phosphorus(as P),mg/I ** Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) State Permit Limitations Quarterly 3 Grab/Test Chronic Stat Diff and IC25>IWC Quarterly Grab Acute LC50> 100% Footnotes 1-4,*and**can be found under Part ERA. PART II Page No.6 Permit No.COG-500000 4. Effluent Limitations and Monitoring Requirements-Industrial Sand,HF Flotation-means process wastewater generated during the mining and processing of sand and gravel using HF Flotation for uses other than construction and fill. The above category is subject to 40 CFR Part 436 Subpart D(Industrial Sand,HF Flotation). The following limitations apply as outlined in this subpart. • Limitations Parameter 7-Day Daily Max. 'Rationale ' Monitorng Sample 30-Day Avg: Avg. Frequency' Type ------------------------------General Permit Requirements--------- ______—_—_ Flow,MGD Continuous/ Recorder/ Report NA Report Discharge Evaluation 2 Instantaneous In-situ 2 pH,s.u. N/A NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/I N/A NA 10 State Effluent 3 Regulations Weekly Visual -------------------Federal Effluent Limitation Guidelines--------- -------------------- Total Suspended Solids,lbs/day 0.023 lbs per 0.046 lbs per 1,000 lbs total NA 1,000 lbs total Federal ELG Weekly Grab production*** production*** Total Fluoride, lbs/day 0.003 lbs per 0.006 lbs per 1,000 lbs total NA 1,000 lbs total Federal ELG Weekly Grab production*** production*** ---------- -- -------------Site Specific Limitations----------______-------__—_-_-- Total Production, lbs/day Report NA Report Discharge Evaluation Weekly Actual Total Dissolved Solids,mg/I* Report NA Report Salinity Regulations Quarterly" Grab Total Phosphorus(as P),mg/1** Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) State Permit Limitations Chronic Stat Diff and IC25>IWC Quarterly 3 Grab/Test Acute LC50> 100% Quarterly Grab Footnotes 1-4,*and**can be found under Part I.B.I. 5. Effluent Limitations and Monitoring Requirements-Graphite Mining-means process wastewater generated during the mining and processing of naturally occurring graphite. The above category is subject to 40 CFR Part 436 Subpart AL(Graphite). The following limitations apply as outlined in this subpart. Limitations Parameter 7-Day Daily Max. Rationale Monitoring Sample 30-Day Avg. Avg:. Frequency r Type "-----------------------General Permit Requirements---------__—_----___-- Flow,MGD Continuous/ Recorder/ Report NA Report Discharge Evaluation Instantaneous2 In-situ 2 pH,s.u. N/A NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/I N/A NA 10 State Effluent 3 Regulations Weekly Visual --------------------------Federal Effluent Limitation Guidelines------------------ Total Suspended Solids,mg/I 10 NA 20 Federal ELG Weekly Grab Total Iron,mg/I 1 NA 2 Federal ELG Weekly Grab "'—""---------------------------Site Specific Limitations------------________--_____ Total Dissolved Solids,mg/I* Report NA Report Salinity Regulations Quarterly 4 Grab Total Phosphorus(as P),mg/I ** Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern . Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) State Permit Limitations Quarterly 3 Grab/Test Chronic Stat Diff and IC25>IWC Acute LC50> 100% Quarterly Grab Footnotes 1-4,*and**can be f found under Part 1.B.1. PART 11 Page No.7 Permit No.COG-500000 6. Effluent Limitations and Monitoring Requirements-Concrete and Hot Asphalt Batch Plants-means process wastewater generated during the mixing process.This also includes the associated truck and drum wash area for concrete facilities,and the wet scrubber discharge from hot asphalt plants. Limitations Monitoring Sample Parameter 30-Day 7-Day - Daly Rationale.... Frequency i1 Type Avg. Avg. Max. , --------- -------------General Permit Requirements--------------------------------------- Flow,MGD Report NA Report Discharge Evaluation Continuous/2 Recorder/ Instantaneous In-situ pH,s.u. N/A NA 6.5-9.0 Water Quality Standards Weekly Grab Oil and Grease,mg/1 N/A NA 10 State Effluent Regulations Weekly Visual 3 Total Suspended Solids,mg/I 30 NA 45 State Effluent Regulations Weekly Grab -------------------------------Federal Effluent Limitation Guidelines--------- — Total Iron,mg/I 1 NA 2 Federal ELG Weekly Grab -----------------------------Site Specific Limitations--------- -------------- Total Dissolved Solids,mg/I * Report NA Report Salinity Regulations Quarterly° Grab Total Phosphorus(as P),mg/I** Report NA Various Control Regulations Monthly Grab Other Pollutants of Concern Various NA Various Water Quality Standards Weekly Grab Whole Effluent Toxicity(WET) Stat Diff and IC25>IWC uarterl 3 Grab Test Chronic LC50> 100% State Permit Limitations Q Y Footnotes 1-4,*and**can be found under Part I.B.1. 7. Compliance Schedules-If necessary,any compliance schedule items will be noted in the certification to discharge. 8. WET Testing a. Acute WET Testing(See also Part I.B.7.c for WET requirements applicable to both chronic and acute WET testing) 1. Testing and Reporting Requirements Tests shall be done at the frequency listed in Parts I.B.I through I.B.6. Test results shall be reported along with the Discharge Monitoring Report(DMR)submitted for the end of the reporting period when the sample was taken.(i.e.,WET testing results for the calendar quarter ending March 31 shall be reported with the DMR due April 28,etc.) The results shall be submitted on the Acute Toxicity Test report form,available from the Division. Copies of these reports are to be submitted to the Division along with the DMR. The permittee shall conduct each acute WET test in general accordance with methods described in Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms EPA/600/4-90/027 or its most current edition,except as modified by the most current Division guidance document entitled Guidelines for Conducting Whole Effluent Toxicity Tests. The permittee shall conduct an acute 48-hour WET test using Ceriodaphnia sp.,and an acute 96-hour WET test using fathead minnows. Acute tests will be replacement static tests of a single effluent grab sample. 2. Failure of Test and Division Notification An acute WET test is failed whenever the LC50,which represents an estimate of the effluent concentration which is lethal to 50%of the test organisms in the time period prescribed by the test,is found to be less than or equal to 100%effluent. The permittee must provide written notification of the failure of a WET test to the Division,along with a statement as to whether the Preliminary Toxicity Incident(PTI)/Toxicity Identification Evaluation(TIE)investigation or accelerated testing is being performed. Notification must be received by the Division within 14 calendar days of the demonstration of acute WET in the routine required test. Demonstration means no later than the last day of the laboratory test. b. Chronic WET Testing(See also Part I.B.7.c for WET requirements applicable to both chronic and acute WET testing) 1.Testing and Reporting Requirements Tests shall be done at the frequency listed in Parts I.B.1 through I.B.6. Test results shall be reported along with the Discharge Monitoring Report(E MR)submitted for the reporting period during which the sample was-aken.(i.e.,WET PART 11 Page No.8 Permit No.COG-500000 testing results for the first calendar quarter ending March 31 shall be reported with the DMR due April 28.) The results shall be Submitted on the Chronic Toxicity Test report form,available from the Division.Copies of these reports are to be submitted to the Division along with the DMR. The permittee shall conduct each chronic WET test in general accordance with methods described in Short Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms EPA/600/4-89/001 or the most current edition,except as modified by the most current Division guidance document entitled Guidelines for Conducting Whole Effluent Toxicity Tests. The permittee shall conduct such tests using Ceriodaphnia dubia and fathead minnows. 2. Failure of Test and Division Notification A chronic WET test is failed whenever I)there is a statistically significant difference in lethality between the control and any effluent concentration less than or equal to the instream waste concentration(IWC)and,2)the IC25,which represents an estimate of the effluent concentration at which 25%of the test organisms demonstrate inhibition as reflected by lethality,is at any effluent concentration less than or equal to the IWC.The permittee must provide written notification of the failure of a WET test to the Division,along with a statement as to whether a Preliminary Toxicity Investigation(PTI)/Toxicity Identification Evaluation(TIE)or accelerated testing is being performed(see Part I.B.7.c.). Notification must be received by the Division within 21 calendar days of the demonstration of chronic WET in the routine required test. Demonstration means no later than the last day of the laboratory test. c. Other WET Testing Requirements Applicable to both Chronic and Acute WET Testing 1. Automatic Compliance Schedule Upon Failure of Test If a routine chronic WET test is failed,regardless of whether the limit is in effect,the following automatic compliance schedule shall apply. As part of this,the permittee shall either: i. Proceed to conduct the PTI/TIE investigation as described in Part I.B.7.c.,or ii. Conduct accelerated testing using the single species found to be more sensitive. If accelerated testing is being performed,the permittee shall provide written notification of the results within 14 calendar days of completion of the Pattern of Toxicity/No Toxicity demonstration. Testing will be at least once every two weeks for up to five tests until; I)two consecutive tests fail or three of five tests fail,in which case a pattern of toxicity has been demonstrated or 2)two consecutive tests pass or three of five tests pass,in which case no pattern of toxicity has been found. If no pattern of toxicity is found the toxicity episode is considered to be ended and routine testing is to resume. If a pattern of toxicity is found,a PTI/TIE investigation is to be performed. If a pattern of toxicity is not demonstrated but a significant level of erratic toxicity is found,the Division may require an increased frequency of routine monitoring or some other modified approach. 2. PTI/TIE The results of the PTI/TIE investigation are to be received by the Division within 120 days of the demonstration of chronic WET in the routine test,as defined above,or if accelerated testing is performed,the date the pattern of toxicity is demonstrated. A status report is to be provided to the Division at the 30,60 and 90 day points of the PTI/TIE investigation. The Division may extend the time frame for investigation where reasonable justification exists. A request for an extension must be made in writing and received prior to the 120 day deadline. Such request must include a justification and supporting data for such an extension. The permittee may use the time for investigation to conduct a PTI or move directly into the TIE. A PTI consists of a brief search for possible sources of WET,which might reveal causes of such toxicity and appropriate corrective actions more simply and cost effectively than a formal TIE. If the P11 allows resolution of the WET incident,the TIE need not necessarily be conducted. If,however,WET is not identified or resolved during the PTI,the TIE must be conducted within the allowed 120 day time frame. Any permittee that is required to conduct a PTI/TIE investigation shall do so in conformance with procedures identified in the following documents,or as subsequently updated: 1)Toxicity Identification Evaluation: Characterization of Chronically Toxic Effluents,Phase I,EPA/600/6-91/005F May 92,2)Methods for Aquatic Toxicity Identification Evaluations,Phase I Toxicity Characterization Procedures,EPA/600/6-91/003 Feb.91 and 3)Methods for Aquatic Toxicity Identification Evaluations,Phase II Toxicity Identification Procedures,EPA/600/3-88/035 Feb. 1989. A fourth document in this series is Methods for Aquatic Toxicity Identification Evaluations,Phase III Toxicity Confirmation Procedures,EPA/600.'3-88/036 Feb. 1989. As indicated by the title,this procedure is intenc'ed to confirm that the suspected toxicant is truly the toxicant. This investigation is optional. PART H Page No.9 Permit No.COG-500000 Within 90 days of the determination of the toxicant or no later than 210 days after demonstration of toxicity,whichever is sooner,a control program is to be developed and received by the Division. The program shall set down a method and procedure for elimination of the toxicity to acceptable levels. 3. Request For Relief The permittee may request relief from further investigation and testing where the toxicant has not been determined and suitable treatment does not appear possible. In requesting such relief,the permittee shall submit material sufficient to establish the following: i. It has complied with terms and conditions of the permit compliance schedule for the PTI/ITE investigation and other appropriate conditions as may have been required by the WQCD; ii. During the period of the toxicity incident it has been in compliance with all other permit conditions,including, in the case of a POTW,pretreatment requirements; iii. During the period of the toxicity incident it has properly maintained and operated all facilities and systems of treatment and control;and iv. Despite the circumstances described in paragraphs(i)and(iii)above,the source and/or cause of toxicity could not be located or resolved. If deemed appropriate by the Division,the permit or the compliance schedule may be modified to revise the ongoing monitoring and toxicity investigation requirements to avoid an unproductive expenditure of the permittee's resources, provided that the underlying obligation to eliminate any continuing exceedance of the toxicity limit shall remain. 4. Spontaneous Disappearance If toxicity spontaneously disappears at any time after a test failure,the permittee shall notify the Division in writing within 14 days of a demonstration of disappearance of the toxicity. The Division may require the permittee to develop and submit additional information,which may include,but is not limited to,the results of additional testing. If no pattern of toxicity is identified or recurring toxicity is not identified,the toxicity incident response is considered closed and normal WET testing shall resume. 5. ToxicityReopener This permit may be reopened and modified(following proper administrative procedures)to include new compliance dates, additional or modified numerical permit limitations,a new or different compliance schedule,a change in the whole effluent toxicity testing protocol,or any other conditions related to the control of toxicants if one or more of the following events occur: i. Toxicity has been demonstrated in the effluent and the permit does not contain a toxicity limitation. ii. The PTUTIE results indicate that the identified toxicant(s)represent pollutant(s)that may be controlled with specific numerical limits and the permit issuing authority agrees that the control of such toxicants through numerical limits is the most appropriate course of action. iii.The PTI/TIE reveals other unique conditions or characteristics,which, in the opinion of the permit issuing authority, justify the incorporation of unanticipated special conditions in the permit. C. STORM WATER DISCHARGES (This section(I.C)applies to all facilities with a potential discharge of stormwater.) Stormwater Management Plan(SWMP) A Stormwater Management Plan(SWMP)shall be developed for each facility covered by this section(Part I.C). The SWMP shall be prepared in accordance with good engineering,hydrologic and pollution control practices. (The SWMP need not be preoared by a registered engineer.) PART II Page No. 10 Permit No.COG-500000 The plan shall identify potential sources of pollution(including sediment),which may reasonably be expected to affect the quality of stormwater discharges associated with the mining activity. In addition,the plan shall describe the practices to be used to reduce the pollutants in stormwater discharges associated with mining activity at the facility;and ensure the practices are selected and described in accordance with good engineering practices,including the installation,implementation and maintenance requirements. Also,the plan shall be properly prepared,and updated in accordance with Part I.D.5.c,to ensure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the SWMP as written and updated,from commencement of site activity until final reclamation is complete,as a condition of this permit. The Division reserves the right to review the SWMP,and to require the permittee to develop and implement additional measures to prevent and control pollution as needed. The permittee must implement the provisions of SWMP required under this part as a condition of this permit. For any sites under this permit that had permit coverage before September 30,2007,the permittee's SMWP must meet the new SWMP requirements as summarized in Section II.I of the rationale. Any needed changes must be made within 5 months of the effective date of the certification. The SWMP shall include the following items,at a minimum: a. Site Map: The plan shall provide a site map or maps,which indicate at a minimum: - Mining site boundaries; - Access and haul roads; - Stormwater outfalls and an outline of the drainage area of each stormwater outfall; - An estimate of the direction of flow; - Each existing structural control measure to reduce pollutants in stormwater runoff; - Non-structural BMPs,as applicable; - Springs,streams,wetlands and other surface waters; - Mine drainage or any other process water; - Dedicated asphalt or concrete batch plants; - Areas used for recycling of asphalt or concrete - All areas of soil disturbance; - The location and description of all potential stormwater pollution sources,including,but not limited to,the following: - Materials handling areas; - Vehicle fueling areas; - Fertilizer or chemical storage areas; - Areas used for storage or disposal of overburden,materials,soils or wastes;and - Areas used for mineral milling and processing. - Boundary of tributary area that is subject to effluent limitations;and - Date the map was prepared. b. Description of Potential Pollutant Sources/Material Inventory: The SWMP shall identify potential sources of pollutants(activities and materials)at the site,and assess the potential of these sources to contribute pollutants to stormwater discharges associated with mining activities. The SWMP must also describe appropriate Best Management Practices(BMPs)to reduce the potential of these identified sources to contribute pollutants to stormwater discharges. At a minimum,each of the following shall be evaluated for the reasonable potential for contributing pollutants to runoff: - Loading and unloading operations; - Outdoor storage of chemicals or equipment; - Crushing facilities or significant dust and particulate generating activities; - On site waste disposal practices; - Stockpiles of overburden,raw material, intermediate products,byproducts,finished products or waste products; - Dedicated asphalt or concrete batch plants; - Areas used for recycling of asphalt or concrete - Routine maintenance activities involving fertilizers,pesticides,detergents,fuels,solvents,oils,etc.; - Haul roads;and - Disturbed areas. In each case where stormwater pollution potential exists,appropriate preventive measures must be taken and documented. PART II Page No. 11 Permit No.COG-500000 C. Stormwater Quality Controls: Each site covered by this permit shall develop a description of stormwater quality controls appropriate for that site,and implement such controls. The appropriateness and priorities of controls in the plan shall reflect identified potential sources of pollutants at the site. The SWMP shall clearly describe the installation and implementation specifications for each BMP identified in the SWMP to ensure proper implementation,operation and maintenance of the BMP. The description of stormwater quality controls shall address the following minimum components,including a schedule for implementing such controls: 1) SWMP Administrator: The SWMP shall identify a specific individual(s),position or title within the mining organization who is responsible for developing,implementing,maintaining,and revising the SWMP. The activities and responsibilities of the administrator shall address all aspects of the facility's SWMP. 2) Materials Handling and Spill Prevention: Areas or procedures where potential spills can occur must have spill prevention and response procedures identified in the SWMP. The SWMP shall clearly describe and locate all practices implemented at the site to minimize impacts from procedures or significant materials that could contribute pollutants to runoff. Such procedures or significant materials could include exposed storage of fuels, other chemicals,or waste material;and equipment maintenance areas. 3) Erosion and Sediment Controls: Describe the BMPs that will be used to reduce erosion and prevent sediment delivery to State waters. These should include structural(such as silt fences,sediment ponds,drop structures, check dams)and non-structural(such as mulching and revegetation)practices. 4) Other Pollution Prevention Measures:The plan shall identify any other structural and non-structural measures for stormwater quality control on-site. 5) Preventive Maintenance: A preventive maintenance program is required,and shall involve inspection and maintenance of stormwater management devices(maintenance of dikes separating mine drainage from stormwater,cleaning oil/water separators and catch basins,etc.)as well as inspecting and testing of equipment and systems to prevent conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters. These periodic inspections are different from the comprehensive site evaluation(see Part I.D.5), although the former may be incorporated into the latter.Equipment,area,or other inspections are typically visual and are normally conducted on a regular basis(e.g.,daily inspections of loading areas). 6) Good Housekeeping: The SWMP shall identify good housekeeping procedures that will be followed by the mining operation. Good housekeeping requires the maintenance of a clean,orderly facility. This part of the SWMP shall address cleaning and maintenance schedules,trash collection and disposal and collection practices, grounds maintenance,etc. 7) Identification of Discharges other than Stormwater: The stormwater conveyance system on the site shall be evaluated for the presence of discharges other than stormwater,such as mine drainage,spoil springs,sanitary waste,or process water of any kind. The SWMP shall include a description of the results of any evaluation for the presence of discharges other than stormwater,the method used,the date of the evaluation,and the on-site drainage points that were directly observed during the evaluation. A number of discharges other than stormwater may not require a CDPS Industrial Wastewater Discharge permit and are considered Allowable Non-Stormwater Discharges.Any of these discharges that exist at the site must be identified in the SWMP. See Part of the permit for the list of such allowable discharges. 2. BMP Implementation and Design Standards Facilities must select,install,implement,and maintain appropriate BMPs,following good engineering,hydrologic and pollution control practices. BMPs implemented at the site must be adequately designed to provide control for all potential pollutant sources associated with construction activity to prevent pollution or degradation of State waters. 3. Consistency with Other Plans SWMPs may reflect requirements for Spill Prevention Control and Countermeasure(SPCC)plans under section 311 of the CWA,or Best Management Practices(BMPs)Programs otherwise required by a CDPS permit,and may incorporate any part of such plans into the SWMP by reference. The SWMP may rely upon information developed for other similar pollution control programs,including the Mined Land Reclamation Plan. Appropriate portions of these other plans may be incorporated in the SWMP by reference,as long as the reference materials are maintained on site,and a complete SWMP can be reproduced and submitted to the requesting agency. The SUMP must also be readily available to an on-site inspector. PART 11 Page No. 12 Permit No.COG-500000 4. Facility Inspections In addition to the inspections necessary to comply with the preventive maintenance program requirements in Part I.B.4.c, qualified personnel identified by the permittee shall make a comprehensive inspection of their stormwater management system, at least twice per year,except as provided in paragraphs d,e and f,below. The inspections must be conducted in approximately the spring and fall;if this is not possible,the inspections must be conducted at least 120 days apart. These comprehensive inspections must be documented and summarized in the Annual Report(see Part I.D.4 of the permit). a. Material handling areas,disturbed areas,areas used for material storage that are exposed to precipitation, and other potential sources of pollution identified in the SWMP in accordance with Part I.C.2 of this permit shall be inspected for evidence of,or the potential for,pollutants entering the drainage system. Structural stormwater management measures, sediment and control measures,and other structural pollution prevention measures identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the plan, such as spill response equipment,shall be made. b. Any repairs or maintenance needs identified by the inspection shall be completed immediately. Based on the results of the inspection,if revisions to the description of the potential pollutant sources and the pollution prevention and control measures identified in the SWMP are needed,the plan shall be revised as appropriate as soon as practicable after such inspection. Revised control measures shall be implemented in a timely manner,but in no case more than 60 calendar days after the inspection,unless otherwise provided by the Division,and in compliance with the requirements of Part I.D.2.c.2. c. A report summarizing the scope of the inspection,personnel making the inspection,the date(s)of the inspection, significant observations relating to the implementation of the SWMP,and actions taken in accordance with paragraph (b),above,shall be made and retained as part of the SWMP for at least three years after the date of inspection. Significant observations include such things as the locations of discharges of pollutants from the site;locations of previously unidentified sources of pollutants; locations of BMPs needing maintenance or repair;locations of failed BMPs that need replacement;and locations where additional BMPs are needed. The report must also document any incidents of noncompliance observed. This record shall be made available to the Division upon request and summarized in the Annual Report. d. Where semi-annual site inspections are shown in the plan to be impractical for sites where an employee is not stationed or does not routinely visit the site,inspections as required in this part shall be conducted at appropriate intervals specified in the plan,but never less than once in two years. e. Inactive Sites: Where semi-annual site inspections are shown in the plan to be impractical for inactive sites(sites where industrial activity is no longer conducted),site inspections required by this part shall be conducted at appropriate intervals specified in the plan,but,in no case less than once in three years. At lease one site inspection required under this part shall be conducted before October 1,2011 or the date two years after such site becomes inactive,whichever is earlier. f Reclamation Operations: For sites undergoing reclamation and where all mining activity has ceased,qualified personnel identified by the operator permittee shall make a thorough inspection of their stormwater management system,at least once per year(in the field season). Where annual site inspections are shown in the plan to be impracticable,because an employee is not stationed at or does not routinely visit the site,inspections as required in this part shall be conducted at appropriate intervals specified in the plan,but never less than once in two years. 5. SWMP Availability Upon request,the permittee shall submit a copy of the SWMP to the Division,the Colorado Division of Reclamation,Mining, And Safety,or CDRMS(formerly the Division of Minerals and Geology,or DMG)and/or EPA,and any local agency approving sediment and erosion plans or stormwater management plans,within the time frames specified in the request.If the SWMP is required to be submitted to any of these entities,it must include a signed certification in accordance with Part I.E.5 of the permit,certifying that the SWMP is complete and meets all permit requirements. All SWMPs required under this permit are considered reports that shall be available to the public under Section 308(6)of the CWA. The owner or operator of a facility with stormwater discharges covered by this permit shall make plans available to members of the public upon request. However,the permittee may claim any portion of a SWMP as confidential in accordance with 40 CFR part 2. PART 11 Page No. 13 Permit No.COG-500000 6. SWMP Administrative Requirements a. SWMP Preparation and Implementation: The SWMP shall be prepared prior to applying for coverage under the general permit,and certification of completion submitted with the application. The SWMP shall be implemented when the facility begins operation,or when the general permit certification is issued,whichever is later,and updated as appropriate(see paragraph c.,below). b. SWMP Retention: For active mining operations and sites undergoing reclamation,the plan shall be retained on site unless another location,specified by the permittee,is approved by the Division. For inactive mining operations,the plan shall be retained by the permittee. c. SWMP Review/Changes: 1) Division Review: The Division reserves the right to request and review the SWMP,and to require additional measures to prevent and control pollution,as needed. Upon review of the SWMP,the Division may notify the permittee at any time that the plan does not meet one or more of the minimum requirements of this permit. After such notification,the permittee shall make changes to the plan and shall submit to the Division an update to the plan including the requested changes. Unless otherwise provided by the Division,the permittee shall have 30 days after such notification to both make the necessary changes to the plan and to implement them. 2) Permittee Review/Change: The permittee shall amend the plan whenever there is a change in design,construction, operation,or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the State,or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with mining activity. If existing BMPs need to be modified or if additional BMPs are necessary,the plan changes and implementation should be completed before the next anticipated storm,but in no case more than 60 days after:the change in design,construction,operation,or maintenance,or,when the SWMP has been determined to be ineffective. Amendments to the plan shall be summarized in the Annual Report. It is the permittee's responsibility to notify the Colorado Division of Minerals and Geology(formerly the Mined Land Reclamation Division)of any significant changes at their site resulting from the implementation of the SWMP. 7. Prohibition of Non-Stormwater Discharges a. Except as provided in paragraph b,below,all discharges authorized by Part I.C.of the permit shall be composed entirely of stormwater. Discharges of material other than stormwater must be addressed in Part I.B.or in a separate CDPS permit issued for that discharge. b. Discharges from the following sources that are combined with stormwater discharges associated with mining activity may be authorized by this permit,provided that the non-stormwater component of the discharge is identified in the SWMP(see Part I.C.2.c.4 of the permit):emergency fire fighting activities,uncontaminated compressor condensate,irrigation drainage,lawn watering,air conditioner condensate,uncontaminated seeps and springs,and foundation or footing drains where flows are not contaminated. 8. Employee Education The permittee shall develop and implement employee education programs to inform personnel at all levels of responsibility of the components and goals of the SWMP. Education shall address topics such as spill response,good housekeeping,and material management practices. The permittee shall identify periodic dates for such instruction. Contractor or temporary personnel shall be informed of mine operations and control features in order to prevent stormwater pollution from occurring. 9. Total Maximum Daily Load(TMDL) If a TMDL has been approved for any waterbody into which the permittee discharges,and it has been determined that the types of stormwater discharges covered under this permit are or have the potential to be identified as a significant source of the pollutant in question,the permittee will be notified by the Division. The permittee will be required to do the following: a) under the permittee's SWMP, implement specific management practices based on requirements of the TMDL, and evaluate whether the requirements are being met through implementation of existing stormwater BMPs or if additional BMPs are necessary. Document the calculations or other evidence that show that the requirements, including any specific pollutant wasteload allocations(WLAs),are expected to be met;and • PART II Page No.14 Permit No.COG-500000 b) if the evaluation shows that additional or modified BMPs are necessary,describe the type and schedule for the BM? additions/revisions. A description of the SWMP changes shall be included with the next Annual Report,or if requested by the Division,whichever is sooner. Stormwater discharge monitoring may also be required. The permittee may maintain coverage under the general permit provided they comply with the applicable requirements outlined above. The Division reserves the right to require individual or alternate general permit coverage. D. DEFINITIONS OF TERMS 1. "Acute Toxicity"means there shall be no acute toxicity in the effluent from this discharge point. The acute toxicity limitation is exceeded if 1)a statistically significant difference in mortality(at the 95%confidence level)is observed for either species between the control and any dilution less that or equal to the identified IWC or 2)a species mortality in any dilution of effluent(including 100%effluent)exceeds 50%.OR"Chronic lethality"occurs when a statistically significant difference,at the 95%confidence level,occurs in the chronic test between the mortality of the test species in«IWC»%effluent(the chronic IWC=«IWC»%)and the control. 2. Antidegradation limits apply as the average of all data collected for months in that group during a rolling 24-month period. These limits become effective after data has been collected for all months in the group during the 24 months following permit issuance. Where antidegradation groups are not indicated,data from all months will be utilized to determine the reported value and the limit will become effective in the 24th month in which the permit is effective. 3. "Continuous" measurement, is a measurement obtained from an automatic recording device which continually measures provides measurements. 4. "Chronic lethality"occurs when a statistically significant difference,at the 95%confidence level,occurs in the chronic test between the mortality of the test species in 100%effluent(the chronic IWC= 100%)and the control. 5. "Daily Maximum limitation"means the limitation for this parameter shall be applied as an instantaneous maximum(or,for pH or DO, instantaneous minimum)value. The instantaneous value is defined as the analytical result of any individual sample. DMR's shall include the maximum(and/or minimum)of all instantaneous values within the calendar month. Any instantaneous value beyond the noted daily maximum limitation for the indicated parameter shall be considered a violation of this permit. 6. "Dissolved(D)metals fraction"is defined in the Basic Standards and Methodologies for Surface Water 1002-31,as that portion of a water and suspended sediment sample which passed through a 0.40 or 0.45 UM(micron)membrane filter. Determinations of"dissolved" constituents are made using the filtrate. This may include some very small(colloidal)suspended particles which passed through the membrane filter as well as the amount of substance present in true chemical solution. 7. "Grab"sample,is a single "dip and take"sample so as to be representative of the parameter being monitored. 8. "In-situ"measurement is defined-as a single reading,observation or measurement taken in the field at the point of discharge. 9. "Instantaneous"measurement is a single reading,observation,or measurement performed on site using existing monitoring facilities. 10. "New source"is generally defined as a coal mine(or major alteration to a coal mine)the construction of which commenced after May 4, 1984. See 40 CFR 434.11(j)for the complete defmition. 11. "Potentially dissolved(PD)metals fraction"is defined in the Basic Standards and Methodologies for Surface Water 1002-31,as that portion of a constituent measured from the filtrate of a water and suspended sediment sample that was first treated with nitric acid to a pH of 2 or less and let stand for 8 to 96 hours prior to sample filtration using a 0.40 or 0.45-UM (micron)membrane filter. Note the "potentially dissolved" method cannot be used where nitric acid will interfere with the analytical procedure used for the constituent measured. 12. "Quarterly measurement frequency"means samples may be collected at any time during the calendar quarter if a continual discharge occurs. If the discharge is intermittent,then samples shall be collected during the period that discharge occurs. 13. "Recorder" requires the continuous operation of a chart and/or totalizer(or drinking water rotor meters or pump hour meters where previously approved.) 14. "Settleable solids analytical procedure"is contained in 40 CFR 434.64. The method detection limit for measuring settleable solids under this part shall be 0.4 ml/I. 15. "Seven(7)day average"means,with the exception of fecal coliform or E.coli bacteria,the arithmetic mean of all samples collected in a seven(7)consecutive day period. For fecal coliform or E. coli bacteria,it is the geometric mean of all samples taken in a seven(7) consecutive day period. Such seven(7) day averages shall be calculated for all calendar weeks,which are defined as beginning on Sunday and ending on Saturday. If the calendar week overlaps two months (i.e.Or: Sunday is in one month and the Saturday in the PART 11 Page No. 15 Permit No.COG-500000 following month),the seven (7) day average calculated for that calendar week shall be associated with the month that contains the Saturday. Samples may not be used for more than one(1)reporting period. (Not applicable to fecal coliform or E.coli determinations.) 16. "Thirty(30)day average"means the arithmetic mean of all samples collected during a thirty-consecutive-day period. The permittee shall report the appropriate mean of all self-monitoring sample data collected during the calendar month on the Discharge Monitoring Reports. Samples shall not be used for more than one reporting period. 17. "Total Metals"means the concentration of metals determined in an unfiltered sample following vigorous digestion(Section 4.1.3),or the sum of the concentrations of metals in both the dissolved and suspended fractions,as described in Manual of Methods for Chemical Analysis of Water and Wastes,U.S.Environmental Protection Agency,March 1979,or its equivalent 18. "Total Recoverable Metals"means that portion of a water and suspended sediment sample measured by the total recoverable analytical procedure described in Methods for Chemical Analysis of Water and Wastes,U.S.Environmental Protection Agency,March 1979 or its equivalent. 19. "Twice Monthly"monitoring frequency means that two samples shall be collected each calendar month on separate weeks with at least one full week between the two sample dates. Also,there shall be at least one full week between the second sample of a month and the first sample of the following month. 20. "Visual"observation is observing the discharge to check for the presence of a visible sheen or floating oil. 21. "Water Quality Control Division"or"Division"means the state Water Quality Control Division as established in 25-8-101 et al. Additional relevant definitions are found in the Colorado Water Quality Control Act,CRS §§ 25-8-101 et seq..,the Colorado Discharge Permit System Regulations (Regulation 61 -5 CCR 1002-61)and other applicable regulations. D. GENERAL MONITORING,SAMPLING,AND REPORTING REQUIREMENTS 1. Routine Reporting of Data Reporting of the data gathered in compliance with Part I.B.3.shall be on a quarterly basis. Reporting of all data gathered shall comply with the requirements of Part I.D. (General Requirements). Monitoring results shall be summarized for each calendar quarter and reported on Division approved discharge monitoring report(DMR)forms(EPA form 3320-1). The form shall be mailed to the Division at the address listed below so they are received no later than the 28th day of the month following the end of the quarter(for example,the DMR for the first calendar quarter must be received by the Division by April 28th). If no discharge occurs during the reporting period, "No Discharge"shall be reported. The DMR forms consist of four pages-the top"original"copy,and three attached no-carbon-required copies. After the DMR form has been filled out and signed,the four copies must be separated and distributed as follows: The first original signed copy of each discharge monitoring report(DMR)shall be submitted to the Division at the following address: Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver,CO 80222-1530 Additional copies are for the permittee records. The Discharge Monitoring Report forms shall be filled out accurately and completely in accordance with requirements of this permit and the instructions on the forms. They shall be signed by an authorized person as identified in Part I.D.7 shall sign them. Calculations for all limitations,which require the averaging of measurements,shall utilize an arithmetic mean unless otherwise specified by the Division in the permit. 2. Reporting-Stormwater Annual Report The permittee will be required to submit an Annual Report, covering January 1 through December 31 of each year, on the overall compliance with the SWMP. The Annual Report will contain,at a minimum: a) Name of permittee,address,phone number,and permit certification number. b) A report on the facility's overall compliance with the SWMP. c) A summary of each comprehensive stormwater facility inspection made,including date,findings,and action taken. d) Results and interpretation of any stormwater monitoring performed. e) The report shall be signed and certified for accuracy l:y the permittee,including the certification language contained in Part I.D.7.of PART II Page No. 16 Permit No.COG-500000 the permit. The Annual Report will be due to the Division on or before February 15 of each year,after the first full year of coverage under the permit. The exact due date for the permittee's first Annual Report will be listed in their permit certification. The Division reserves the right to require additional information in the report,on a case-by-case basis,as needed. All reports required for submittal shall be signed and certified for accuracy by the permittee(see Part I.D.7.). Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver,CO 80222-1530 3. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. All samples shall be taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and approval by the Division. If the permittee monitors at the point of discharge any pollutant limited by the permit more frequently than required by the permit,using approved test procedures or as specified in the permit,the result of this monitoring shall be included in the calculation and reporting of data to the Division. 4. Analytical and Sampling Methods for Monitoring The permittee shall install,calibrate,use and maintain monitoring methods and equipment,including biological and indicated pollutant monitoring methods. All sampling shall be performed by the permittee according to specified methods in 40 C.F.R.Part 136;methods approved by EPA pursuant to 40 C.F.R.Part 136; or methods approved by the Division, in the absence of a method specified in or approved pursuant to 40 C.F.R.part 136. The analytical method selected for a parameter shall be the one that can measure the lowest detected limit for that parameter unless the permit limitation or stream standard for those parameters not limited,is within the testing range of another approved method. When requested in writing,the Division may approve an alternative analytical procedure or any significant modification to an approved procedure. When the most sensitive analytical method which complies with this part,has a detection limit greater than or equal to the permit limit, the permittee shall report"less than(the detectable limit),"as appropriate. Such reports shall not be considered as violations of the permit limit. The present lowest practical quantitation limits(PQL)for specific parameters(which have limitations that are,in some cases,less than or equal to the detection limit)are as follows: Effluent Parameter - PQLs,µg/1 Arsenic 1 Cadmium 0.06 Chromium 2 Chromium, 2 Hexavalent Copper 5 Cyanide 10 Iron 10 Lead 1 Manganese 2 Mercury 0.003 Nickel 3 Phenols 15 Selenium 1 Silver 0.5 Uranium 1 Zinc 10 These limits apply to the total recoverable or the potentially dissolved fraction of metals. For hexavalent chromium,samples must be unacidified so dissolved concentrations will be measured rather than potentially dissolved concentrations. The procedure for determining settleable solids is contained in 40 CFR 434.64. The method detection limit for measuring settleable solids under this part shall be 0.e ml/I. PART I] Page No.17 Permit No.COG-500000 5. Records The permittee shall establish and maintain records. Those records shall include the following: a. The date,type,exact location,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s)the analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used; f The results of such analyses;and g. Any other observations,which may result in,an impact on the quality or quantity of the discharge as indicated in 40 CFR 122.44 (I)(I)(iii). The permittee shall retain for a minimum of three (3)years records of all monitoring information, including all original strip chart recordings for continuous monitoring instrumentation, all calibration and maintenance records,copies of all reports required by this permit and records of all data used to complete the application for this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the Division or EPA. 6. Flow Measuring Device If not already a part of the permitted facility,within ninety(90)days after the effective date of the permit,a flow measuring device shall be installed to give representative values of effluent quantities at the respective discharge points. Unless specifically exempted or modified by the Division,a flow-measuring device will be applicable at all designated discharge points. At the request of the Division,the permittee shall show proof of the accuracy of any flow-measuring device used in obtaining data submitted in the monitoring report. The flow-measuring device must indicate values within ten(10)percent of the actual flow being discharged from the facility. 7. Signatory and Certification Requirements a. All reports and other information required by the Division,shall be signed and certified for accuracy by the permittee in accord with the following criteria: i) In the case of corporations,by a principal executive officer of at least the level of vice-president or his or her duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the form originates; ii) In the case of a partnership,by a general partner; iii) In the case of a sole proprietorship,by the proprietor; iv) In the case of a municipal,state,or other public facility,by either a principal executive officer,ranking elected official,or other duly authorized employee. b. All reports required by permits,and other information requested by the Division shall be signed by a person as described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: i) The authorization is made in writing by a person described above; ii) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager,operator of a well or a well field,superintendent,position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position);and, iii) The written authorization is submitted to the Division. Wan authorization as described in this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of this section must be submitted to the Division prior to or together with any reports,information,or applications to be signed by an authorized representative. The permittee,or the duly authorized representative shall make and sign the following certification on all such documents: PART II Page No 18 Permit Na COG-500000 "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is to the best of my knowledge and belief,true,accurate and complete. I am aware that there are significant.penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations." PART II A. NOTIFICATION REQUIREMENTS 1. Notification to Parties All notification requirements under this section shall be directed as follows: a. Oral Notifications,other than for spills,during normal business hours shall be to: Water Quality Protection Section-Industrial Compliance Program Water Quality Control Division Telephone:(303)692-3500 Spills notifications at any time and other notifications after hours shall be to: Emergency Management Program Laboratory and Radiation Services Division Telephone:(877)518-5608 b. Written notification shall be to: Water Quality Protection Section-Industrial Compliance Program Water Quality Control Division Colorado Department of Public Health and Environment WQCD-WQP-B2 4300 Cherry Creek Drive South Denver,CO 80246-1530 2. Change in Discharge Notice is required only when: a. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged,or; b. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices,and such alteration, addition,or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported pursuant to an approved land application plan. The permittee shall give advance notice to the Division of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Whenever notification of any planned physical alterations or additions to the permitted facility is required pursuant to this section„ the permit-tee shall furnish the Division such plans and specifications which the Division deems reasonably necessary to evaluate the effect on the discharge,the stream,or ground water. If the Division finds that such new or altered discharge might be inconsistent with the conditions of the permit,the Division shall require a new or revised permit application and shall follow the procedures specified in Sections 61.5 through 61.6,and 61.15 of the Colorado Discharge Permit System Regulations. 3. Special Notifications-Definitions a. Bypass: The intentional diversion of waste streams from any portion of a treatment facility. b. Severe Property Damage: Substantial physical damage to property at the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. It does not mean economic loss caused by delays in production. PART I Page No. 1', Permit No.COG-50000( C. Spill: An incident in which flows or solid materials are accidentally or unintentionally allowed to flow or escape so as to be losi from the treatment,processing or manufacturing system which may cause or threaten pollution of state waters. d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. 4. Noncompliance Notification a. If,for any reason,the permittee does not comply with or will be unable to comply with any discharge limitations or standards specified in this permit,the permittee shall,at a minimum,provide the Division and EPA with the following information: i) A description of the discharge and cause of noncompliance; ii) The period of noncompliance,including exact dates and times and/or the anticipated time when the discharge will return to compliance;and iii) Steps being taken to reduce,eliminate,and prevent recurrence of the noncomplying discharge. b. The permittee shall report the following circumstances orally within twenty-four(24)hours from the time the permittee becomes aware of the circumstances,and shall mail to the Division a written report containing the information requested in Part II.A.4(a)within five(5)days after becoming aware of the following circumstances: i) Circumstances leading to any noncompliance which may endanger health or the environment regardless of the cause of the incident; ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit; iii) Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the permit; iv) Daily maximum violations for any of the pollutants limited by Part I.A of this permit and specified as requiring 24-hour notification. This includes any toxic pollutant or hazardous substance or any pollutant specifically identified as the method to control any toxic pollutant or hazardous substance. c. The permittee shall report instances of non-compliance which are not required to be reported within 24-hours at the time Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub-paragraph(a)of this section. 5. Other Notification Requirements Reports of compliance or noncompliance with,or any progress reports on,interim and final requirements contained in any compliance schedule in the permit shall be submitted no later than fourteen(14)days following each scheduled date,unless otherwise provided by the Division. The permittee shall notify the Division,in writing,thirty(30)days in advance of a proposed transfer of permit as provided in Part 11.B.3. The permittee's notification of all anticipated noncompliance does not stay any permit condition. All existing manufacturing,commercial,mining,and silvicultural dischargers must notify the Division as soon as they know or have reason to believe: a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following"notification levels": i. One hundred micrograms per liter(100 ug/l); ii. Two hundred micrograms per liter(200 ug/l)for acrolein and acrylonitrile;five hundred micrograms per liter(500 ug/l)for 2.4- dinitrophenol and 2-methyl-4.6-dinitrophenol;and one milligram per liter(1 mg/I)for antimony; iii. Five(5)times the maximum concentration value reported for that pollutant in the permit application in accordance with Section 61.4(2)(g). • PART II Page No.20 Permit No.COG-500000 iv. The level established by the Division in accordance with 40 CFR' 122.44(f). b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels": i. Five hundred micrograms per liter(500 ug/I); ii. One milligram per liter(1 mg/I)for antimony;and iii. Ten(10)times the maximum concentration value reported for that pollutant in the permit application. iv. The level established by the Division in accordance with 40 CFR' 122.44(f). 6. Bypass Notification If the permittee knows in advance of the need for a bypass,a notice shall be submitted,at least ten days before the date of the bypass,to the Division. The bypass shall be subject to Division approval and limitations imposed by the Division. Violations of requirements imposed by the Division will constitute a violation of this permit. 7. Upsets a. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with permit effluent limitations if the requirements of paragraph (b) of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. b. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate through properly signed contemporaneous operating logs,or other relevant evidence that: i. An upset occurred and that the permittee can identify the specific cause(s)of the upset;and ii. The permitted facility was at the time being properly operated and maintained;and iii. The permittee submitted proper notice of the upset as required in Part II.A.4.of this permit(24-hour notice);and iv. The permittee complied with any remedial measure necessary to minimize or prevent any discharge or sludge use or disposal in violation of this permit,which has a reason able likelihood of adversely affecting human health or the environment. In addition to the demonstration required above,a permittee who wishes to establish the affirmative defense of upset for a violation of effluent limitations based upon water quality standards shall also demonstrate through monitoring,modeling or other methods that the relevant standards were achieved in the receiving water. c. Burden of Proof In any enforcement proceeding,the permittee seeking to establish the occurrence of an upset has the burden of proof. 8. Discharge Point Any discharge to the waters of the State from a point source other than specifically authorized by this permit is prohibited. 9. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the permittee as necessary to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance and adequate laboratory and process controls,including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems,which are installed by the permittee only when necessary to achieve compliance with the conditions of the permit. PART II Page No.21 Permit No.COG-500000 10. Minimization of Adverse Impact The permittee shall take all reasonable steps to minimize or prevent any discharge of sludge use or disposal in violation of this permit, which has a reasonable likelihood of adversely affecting human health or the environment. As necessary, accelerated or additional monitoring to determine the nature and impact of the noncomplying discharge is required. 11. Removed Substances Solids,sludges,or other pollutants removed in the course of treatment or control of wastewaters shall be disposed in accordance with applicable state and federal regulations.For all domestic wastewater treatment works,at industrial facilities,the permittee shall dispose of sludge in accordance with all State and Federal regulations. 12. Submission of Incorrect or Incomplete Information Where the permittee failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or report to the Division,the permittee shall promptly submit the relevant information, which was not submitted, or any additional information needed to correct any erroneous information previously submitted 13. Bypass a. Bypasses are prohibited and the Division may take enforcement action against the permittee for bypass,unless: i. The bypass is unavoidable to prevent loss of life,personal injury,or severe property damage; ii. There were no feasible alternatives to bypass such as the use of auxiliary treatment facilities,retention of untreated wastes,or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and iii. Proper notices were submitted in compliance with Part II.A.4. b. "Severe property damage"as used in this Subsection means substantial physical damage to the treatment facilities,which causes them to become inoperable,or substantial and permanent loss of natural resources,which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. c. The permittee may allow a bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance or to assure optimal operation. These bypasses are not subject to the provisions of paragraph a.above. d. The Division may approve an anticipated bypass,after considering adverse effects,if the Division determines that the bypass will meet the conditions specified in paragraph a.above. 14. Reduction,Loss,or Failure of Treatment Facility The permittee has the duty to halt or reduce any activity if necessary to maintain compliance with the effluent limitations of the permit. Upon reduction,loss,or failure of the treatment facility,the permittee shall,to the extent necessary to maintain compliance with its permit,control production, control sources of wastewater, or all discharges,until the facility is restored or an alternative method of treatment is provided. This provision also applies to power failures, unless an alternative power source sufficient to operate the wastewater control facilities is provided. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. B. RESPONSIBILITIES 1. Inspections and Right to Entry The permittee shall allow the Division and/or the authorized representative,upon the presentation of credentials: a. To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; b- At reasonable times to have access to.Ind copy any records required to be kept under the terms and condition.,of this permit and to PART II Page No.22 Permit No.COG-500000 inspect any monitoring equipment or monitoring method required in the permit;and c. To enter upon the permittee's premises in a reasonable manner and at a reasonable time to inspect and/or investigate,any actual, suspected,or potential source of water pollution,or to ascertain compliance or non compliance with the Colorado Water Quality Control Act or any other applicable state or federal statute or regulation or any order promulgated by the Division. The investigation may include, but is not limited to,the following: sampling of any discharge and/or process waters,the taking of photographs, interviewing of any person having knowledge related to the discharge permit or alleged violation,access to any and all facilities or areas within the permittee's premises that may have any affect on the discharge,permit,or alleged violation. Such entry is also authorized for inspecting and copying records required to be kept concerning any effluent source. d. The permittee shall provide access to the Division to sample the discharge at a point after the final treatment process but before the discharge mixing with state waters upon presentation of proper credentials. In the making of such inspections,investigations,and determinations,the Division,insofar as practicable,may designate as its authorized representatives any qualified personnel of the Department of Agriculture. The Division may also request assistance from any other state or local agency or institution. 2. Duty to Provide Information The permittee shall furnish to the Division,within a reasonable time, any information which the Division may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit,or to determine compliance with this permit. The permittee shall also furnish to the Division,upon request,copies of records required to be kept by this permit. 3. Transfer of Ownership or Control a. Except as provided in paragraph b.of this section,a permit may be transferred by a permittee only if the permit has been modified or revoked and reissued as provided in Section 61.8(8)of the Colorado Discharge Permit System Regulations,to identify the new permittee and to incorporate such other requirements as may be necessary under the Federal Act b. A permit may be automatically transferred to a new permittee if: i. The current pemiittee notifies the Division in writing 30 days in advance of the proposed transfer date;and ii. The notice includes a written agreement between the existing and new permittee(s)containing a specific date for transfer of permit responsibility,coverage and liability between them;and Hi. The Division does not notify the existing permittee and the proposed new permittee of its intent to modify,or revoke and reissue the permit. • iv. Fee requirements of the Regulations for the State Discharge Permit System, Section 61.15 have been met. 4. Availability of Reports Except for data determined to be confidential under Section 308 of the Federal Clean Water Act and Colorado Discharge Permit System Regulations 5 CCR 1002-61,Section 61.5.(4),all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division and the Environmental Protection Agency. The name and address of the permit applicant(s)and permittee(s),permit applications,permits and effluent data shall not be considered confidential. Knowingly making false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Federal Clean Water Act,and Section 25-8-610 C.R.S. 5. Modification,Suspension,Revocation,or Termination of Permits By the Division The filing of a request by the permittee for a permit modification,revocation,and reissuance/termination or a notification of planned changes or anticipated noncompliance,does not stay any permit condition. a. A permit may be modified,suspended,or terminated in whole or in part during its term for reasons determined by the Division including,but not limited to,the following: i. Violation of any terms or conditions of the permit; ii. Obtaining a permit by misrepresentation or failing to disclose any fact which is material to the granting or denial of a permit or to the establishment of terms or conditions of the permit;or Hi. Materially false or inaccurate statements or information in the permit application or the permit. PART 11 Page No.23 Permit No.COG-500000 iv. A determination that the permitted activity endangers human health or the classified or existing uses of state waters and can only be regulated to acceptable levels by permit modifications or termination. b. A permit may be modified in whole or in part for the following causes,if such modification complies with the provisions of Section 61.10 of the Colorado Discharge Permit System Regulations: i. There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit. ii. The Division has received new information which was not available at the time of permit issuance (other than revised regulations,guidance,or test methods)and which would have justified the application of different permit conditions at the time of issuance. For permits issued to new sources or new dischargers,this cause includes information derived from effluent testing required under Section 61.4(7)(e)of the Colorado Discharge Permit System Regulations. This provision allows a modification of the permit to include conditions that are less stringent than the existing permit only to the extent allowed under Section 61.10 of the Colorado Discharge Permit System Regulations. iii. The standards or regulations on which the permit was based have been changed by promulgation of amended standards or regulations or by judicial decision after the permit was issued. Permits may be modified during their terms for this cause only as follows: (A) The permit condition requested to be modified was based on a promulgated effluent limitation guideline,EPA approved water quality standard,or an effluent limitation set forth in 5 CCR 1002-62,'62 et seq.;and (B) EPA has revised,withdrawn,or modified that portion of the regulation or effluent limitation guideline on which the permit condition was based,or has approved a Commission action with respect to the water quality standard or effluent limitation on which the permit condition was based;and (C) The permittee requests modification after the notice of final action by which the EPA effluent limitation guideline,water quality standard,or effluent limitation is revised,withdrawn,or modified;or (D) For judicial decisions,a court of competent jurisdiction has remanded and stayed EPA promulgated regulations or effluent limitation guidelines,if the remand and stay concern that portion of the regulations or guidelines on which the permit condition was based and a request is filed by the permittee in accordance with this Regulation,within ninety(90)days of judicial remand. iv. The Division determines that good cause exists to modify a permit condition because of events over which the permittee has no control and for which there is no reasonable available remedy. v. The permittee has received a variance. vi. When required to incorporate applicable toxic effluent limitation or standards adopted pursuant to'307(a)of the Federal act. vii. When required by the reopener conditions in the permit. viii. As necessary under 40 C.F.R.403.8(e),to include a compliance schedule for the development of a pretreatment program. ix. When the level of discharge of any pollutant,which is not limited in the permit,exceeds the level,which can be achieved by the technology-based treatment requirements appropriate to the permittee under Section 61.8(2)of the Colorado Discharge Permit System Regulations. x. To establish a pollutant notification level required in Section 61.8(5)of the Colorado Discharge Permit System Regulations. xi. To correct technical mistakes, such as errors in calculation,or mistaken interpretations of Jaw made in determining permit conditions,to the extent allowed in Section 61.10 of the Colorado Discharge Permit System Regulations. xii. When required by a permit condition to incorporate a land application plan for beneficial reuse of sewage sludge,to revise an existing land application plan,or to add a land application plan. xiii. For any other cause provided in Section 61.10 of the Colorado Discharge Permit System Regulations. c. At the request of a permittee,the Division may modify or terminate a permit and issue a new permit if the following conditions are met: i. The Regional Administrator has been notified of the proposed modification or termination and does not object in writing within thirty(30)days of receipt of notification, ii. The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes and regulations for such modifications or termination; iii. Requirements of Section 61.15 of the Colorado Discharge Permit System Regulations have been met,and PART II Page No.24 Permit No.COG-500000 iv. Requirements of public notice have been met. d. Permit modification (except for minor modifications), termination orrevocation and reissuance actions shall be subject to the requirements of Sections 61.5(2),61.5(3),61.6,61.7 and 61.15 of the Colorado Discharge Permit System Regulations. The Division shall act on a permit modification request,other than minor modifications requests,within 180 days of receipt thereof. Except for minor modifications,the terms of the existing permit govern and are enforceable until the newly issued permit is formally modified or revoked and reissued following public notice. e. Upon consent by the permittee,the Division may make minor permit modifications without following the requirements of Sections 61.5(2),61.5(3),61.7,and 61.15 of the Colorado Discharge Permit System Regulations. Minor modifications to permits are limited to: i. Correcting typographical errors;or ii. Increasing the frequency of monitoring or reporting by the permittee;or iii. Changing an interim date in a schedule of compliance,provided the new date of compliance is not more than 120 days after the date specific in the existing permit and does not interfere with attainment of the final compliance date requirement;or iv. Allowing for a transfer in ownership or operational control of a facility where the Division determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage and liability between the current and new permittees has been submitted to the Division;or v. Changing the construction schedule for a discharger which is a new source, but no such change shall affect a discharger's obligation to have all pollution control equipment installed and in operation prior to discharge;or vi. Deleting a point source outfall when the discharge from that outfall is terminated and does not result in discharge of pollutants from other outfalls except in accordance with permit limits. f. When a permit is modified,only the conditions subject to modification are reopened. If a permit is revoked and reissued,the entire permit is reopened and subject to revision and the permit is reissued for a new term. g. The filing of a request by the permittee for a permit modification,revocation and reissuance or termination does not stay any permit condition. h. All permit modifications and reissuances are subject to the antibacksliding provisions set forth in 61.10(e)through(g). 6. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities,or penalties to which the permittee is or may be subject to under Section 311 (Oil and Hazardous Substance Liability)of the Clean Water Act. 7. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities,or penalties established pursuant to any applicable State law or regulation under authority granted by Section 510 of the Clean Water Act. 8. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 9. Property Rights The issuance of this permit does not convey any property or water rights in either real or personal property,or stream flows,or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 10. Severability The provisions of this permit are severable. If any provisions of this permit,or the application of any provision of this permit to any circumstance,are held invalid,the application of such provision to other circumstances and the application of the remainder of this permit shall not be affected. PART I] Page No.25 Permit No.COG-50000C 11. Renewal Application If the permittee desires to continue to discharge,a permit renewal application shall be submitted at least one hundred eighty(180)days before this permit expires. If the permittee anticipates there will be no discharge after the expiration date of this permit,the Division should be promptly notified so that it can terminate the permit in accordance with Part II.B.5. 12. Confidentiality Any information relating to any secret process,method of manufacture or production,or sales or marketing data which has been declared confidential by the permittee,and which may be acquired,ascertained,or discovered,whether in any sampling investigation,emergency investigation,or otherwise,shall not be publicly disclosed by any member,officer,or employee of the Commission or the Division,but shall be kept confidential. Any person seeking to invoke the protection of this Subsection (12) shall bear the burden of proving its applicability. This section shall never be interpreted as preventing full disclosure of effluent data. 13. Fees The permittee is required to submit payment of an annual fee as set forth in the 1983 amendments to the Water Quality Control Act. Section 25-8-502(I)(b),and the Colorado Discharge Permit System Regulations 5 CCR 1002-61,Section 61.15 as amended. Failure to submit the required fee when due and payable is a violation of the permit and will result in enforcement action pursuant to Section 25-8-601 et.seq.,C.R.S. 1973 as amended. 14. Duration of Permit The duration of a permit shall be for a fixed term and shall not exceed five(5)years. Filing of a timely and complete application shall cause the expired permit to continue in force to the effective date of the new permit. The permit's duration may be extended only through administrative extensions and not through interim modifications. 15. Section 307 Toxics If a toxic effluent standard or prohibition, including any applicable schedule of compliance specified, is established by regulation pursuant to Section 307 of the Federal Act for a toxic pollutant which is present in the permittee's discharge and such standard or prohibition is more stringent than any limitation upon such pollutant in the discharge permit,the Division shall institute proceedings to modify or revoke and reissue the permit to conform to the toxic effluent standard or prohibition. 16. Antibacksliding a. A permit may not be renewed,reissued,or modified to contain effluent limitations adopted pursuant to Section 25-8-503(1)(b)(BPJ) of the Water Quality Control Act,which are less stringent than the comparable effluent limitations or standards in the previous permit,unless any one of the following exceptions is met and the conditions of paragraph c.of this section are met: i. Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of less stringent effluent limitations;or ii. Information is available which was not available at the time of permit issuance(other than revised regulations,guidance,or test methods)and which would have justified the application of a less stringent effluent limitation or standard at the time of permit issuance;or iii. The Division determines that technical mistakes or mistaken interpretations of law were made in issuing the permit,which justified relaxation of the effluent limitations or standards;or iv. A less stringent effluent limitation or standard is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy;or v. The permittee has received a permit variance;or vi. The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations,in which case,the limitations in the renewed, reissued,or modified permit may reflect the level of pollutant control actually achieved(but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal,reissuance, or modification). b. A permit may not be renewed, reissued, or modified to contain effluent limitations adopted pursuant to 61.8(2)(6)or(c)of the Colorado Discharge Permit System Regulations that are less stringent than the comparable effluent limitations in the previous permit, unless any of the exceptions provided herein is met and the conditions of paragraph c.of this section are met. i. In waters where the applicable water quality standard has not yet been attained,effluent limitations based on a total maximum daily load or other waste load allocation may be revised to be less stringent if the cumulative effect of all such revisions assures attainment of such water quality standard,or the designated use which is not being attained is removed in accordance with Section 31.6 of the Basic Standards. ii. In waters where the applicable water quality standard has been attained,effluent limitations based on a total maximum daily PART II Page No.26 Permit No.COG-500000 load,other waste load allocation,or any other permitting standard(including any water quality standard)may be revised to be less stringent if such revision is subject to and consistent with the antidegradation provisions of Section 31.8 of the Basic Standards. Consistency with Section 31.8 shall be presumed if the waters in question have been designated by the Commission as "use protected";or iii. Whether or not the applicable water quality standard has been attained: (A) Material and substantial alterations or additions to the permitted facility occurred after permit issuance which justified the application of less stringent effluent limitations;or (B) A less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is not reasonable available remedy;or (C) The permittee has received a permit variance;or (D) The permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case, the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved(but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance,or modification). c. In no event may a permit with respect to which paragraphs a.and b.of this section apply be renewed,reissued,or modified to contain an effluent limitation or standard which is less stringent than required by federal effluent guidelines in effect at the time the permit is renewed,reissued,or modified. In no event may such a permit to discharge into state waters be renewed,reissued,or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of an applicable water quality standard. 17. Effect of Permit Issuance a. The issuance of a permit does not convey any property rights or any exclusive privilege. b. The issuance of a permit does not authorize any injury to person or property or any invasion of personal rights,nor does it authorize the infringement of federal,state,or local laws or regulations. c. Except for any toxic effluent standard or prohibition imposed under Section 307 of the Federal act or any standard for sewage sludge use or disposal under Section 405(d) of the Federal act, compliance with a permit during its term constitutes compliance, for purposes of enforcement,with Sections 301,302,306,318,403,and 405(a)and(b)of the Federal act. However,a permit may be modified,revoked and reissued,or terminated during its term for cause as set forth in Section 61.8(8)of the Colorado Discharge Permit System Regulations. d. Compliance with a permit condition which implements a particular standard for sewage sludge use or disposal shall be an affirmative defense in any enforcement action brought for a violation of that standard for sewage sludge use or disposal. 18. Requiring an Individual CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if: a. The discharger is not in compliance with the conditions of this General Permit;or, b. Conditions or standards have changed so that the discharge no longer qualifies for a General Permit;or, c. Data becomes available which indicates water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit,the applicability of the General Permit to that owner or operator is automatically terminated upon the effective date of the individual CDPS permit. 19. Requesting an Individual CDPS Permit Any owner or operator covered by this General Permit may request to be excluded from the coverage by applying for an individual CDPS permit. 20. Requesting Coverage Under the General Permit The owner or operator of a facility excluded from coverage by this General Permit solely because that facility already has an individual permit may request that the individual permit be revoked and that the facility be covered by this General Permit. Such request shall be evaluated by the Division per criterion specified in Part I of this permit. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale,Page 1.COG-0500000 Sand and Grave!General Permit RATIONALE FIFTH RENEWAL CDPS GENERAL PERMIT NO. COG-0500000-SAND AND GRAVEL PRODUCTION OPERATIONS (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) ANNUAL FEE$270, CATEGORY 07 SUBCATEGORY IA (EFFECTIVE JULY 1, 2007) L INTRODUCTION This is the fifth renewal of the general permit for sand and gravel(and other nonmetallic minerals)discharges(COG-0500000)to surface waters. This permit is for the regulation of stormwater runoff and process water discharges. Changes have been made to incorporate additional categories of mining facilities under this general permit. IL GENERAL PERMIT SCOPE A. Applicability This general permit authorizes Stormwater and Process water discharges for the following types offacilities: Mining and quarrying of nonmetallic minerals, except fuels;Standard Industrial Classification(SIC)Code 14. Asphalt(SIC 2951)and concrete batch plants(SIC 3273)and recycling activities located at sand and gravel operations(Batch plants can include the use of recycled asphalt or concrete) This general permit does not cover stormwater only discharges, which are covered under stormwater permit COR-340000. Types of Nonmetallic Mineral Mining and Processing Facilities- This general permit(COG-0500000)authorizes the discharge of wastewater and stormwater from the following categories of nonmetallic mineral mining and processing, as defined in 40 CFR Part 436: Crushed Stone(Subpart B)-means process wastewater generated during the mining or quarrying and processing of crushed and broken stone and rip rap. This includes all types of rock and stone, except rock and stone that is crushed or broken prior to the extraction of mineral, which is covered elsewhere. The processing of calcite, however, in conjunction with the processing of crushed and broken limestone or dolomite is included Construction Sand and Gravel(Subpart C)—means process wastewater generated during the mining and processing of sand and gravel for construction or fill uses. Phosphate Rock(Subpart R)-means process wastewater generated by the mining or quarrying of phosphate bearing rock, ore, or earth, for the phosphate content. Industrial Sand(Subpart D)-means process wastewater generated during the mining and processing of sand and gravel for uses other than construction and fill These uses include, but are not limited to,glassmaking, molding, abrasives,filtration,refractories, and refractory bonding. Graphite(Subpart AL)-means process wastewater generated during the mining and processing of naturally occurring graphite. Batch Plants(Concrete or Hot Asphalt)-means process wastewater generated during the mixing process. This also includes the associated truck and drum wash area for concrete facilities,and the wet scrubber discharge from hot asphalt plants. All references to sand and gravel will include the other non-metallic minerals(except fuels), unless specifically exempted This general permit will cover both the process water discharges and stormwater discharges for sand and gravel operations including asphalt and concrete batch plants and recycling activities located at such facilities. Process water discharges are addressed under Part LB of the permit;stormwater discharges are addressed under Part IC of the permit. Due to the potential toxicity and wide variety of pollutants, the minimal operations in Colorado, and some categories with provisions difficult to incorporate into a general permit, Mineral mining and processing point source category- 40 CFR 436-subparts E (gypsum), F(asphaltic mineral), G(asbestos and wollastonite),J(barite), K(fluorspar), L(salines from brine lakes), M(borax), N (potash), O(sodium sulfate), S(Frasch Sutler), V(bentonite), W(magnesite),X(diatomite), Y(fade),Z(novaculite), and AF(tripoli,), will not be covered under this general permit. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale,Page Z COG-0500000 Sand and Gravel General Permit Groundwater—Under Section 25-8-202(7)of the Colorado Water Quality Control Act,sand and gravel discharges to groundwater can not be authorized under the Division's jurisdiction, and a certification to discharge can not be issued In these instances, an applicant will need to contact the Division of Reclamation Mining and Safety, or the Environmental Protection Agency under the Underground Injection Control program. In some cases,where the discharge to groundwater is in the alluvial material, and the groundwater discharge is considered to impact the surface waters,a facility may be authorized under this general permit. Stormwater- When stormwater mixes with process water, the process water limitations(Part I B of the permit)apply to the discharge of that mixed water. The stormwater section(Part IC of the permit)is intended to cover those portions of a nonmetallic minerals production operation(except fuel)that are not already subject to effluent limitations under 40 CFR 436, and to cover sormwater runoff from asphalt and concrete batch plants and recycling areas. Domestic Wastewater-Note that this general permit does not cover the discharge of domestic type wastewater. If this type of coverage is needed, the permittee may apply for an individual permit, or may apply separately for a domestic general permit(if applicable). Need(or an Individual Permit-Dischargers that do not fit under this characterization,possess highly toxic chemicals in elevated concentrations, elect to have an individual permit, or wish to have mixing zone or site-specific antidegradation considerations, should apply for coverage under an individual permit. B. Application Dischargers can apply for coverage under this general permit once the permit is issued Holders of certifications under the administratively extended Sand and Gravel and other Nonmetallic Mineral Mining Permit(COG-0500000)will automatically be transferred to this new general permit. Their coverage will be transferred to the new general permit without a lapse of coverage(le. discharging without a permit) and without loss offee payments.Incidentally, the annual fee for each of these general permits is$270, effective July 1, 2007. The permittee will have 90 days,from the date of transfer, to comply with any new terms and conditions of this general permit. For all others, the owner or operator of the site shall submit one original completed application and a copy, including a signed certification that the SWMP is complete at least thirty days prior to the commencement of mining activities. III. EFFLUENT LIMITATIONS Numeric effluent limitations are imposed for pollutants that are specific to the discharges covered,and are shown in Tables 111-1 through III- 6.Some of these limits are based on the EPA Federal Effluent Guidelines for the applicable point source category and are described below. The certification will state which conditions apply, based on the nature of the discharge. Note that any parameter that is determined to be a site-specific pollutant of concern may be added to the discharge certification. Table III-I-crushed stone(subpart B),construction sand and gravel(subpart C),and all other industrial facilities covered under SIC Code 14 except those specifically listed in the tables below. Effluent Parameter Discharge Limitations Rationale ' 30 Day Avg 7DayAvg Daily Max Flow, mgd Report NA Report Discharge Evaluation Total Suspended Solids, mg/1 30 45 NA State Effluent Regulations pH,s.u. NA NA 6.5-9.0 Water Quality Standards Oil and Grease, mg/I NA NA 10 State Effluent Regulations Site specific Selenium, ug/1.... Various NA Various Water Quality Standards Metals, ug/1 Various NA Various Water Quality Standards Organics, ug/l Various NA Various Water Quality Standards Whole Effluent Toxicity(WET)... Chronic Stat. Diff&&IC25>IWC State Permit Limitations Acute LCS0>100a%o State Permit Limitations Total Dissolved Solids, my/1. Report NA Report Salinity Regulations Total Phosphorus, mg/I . Report NA 0.2-1.0 Control Regulations Monitoring will normally apply to discharges within the Colorado River Basin. The Phosphorus limitations apply to discharges to the Dillon Reservoir Watershed,Cherry Creek Reservoir Watershed,Chatfield Reservoir Watershed,and the Bear Creek Watershed,as defined in Regulation 71,72,73,or 74,respectively. Not applicable to every certification. If included in the permit,either acute or chronic will apply.See Section IV(g) Selenium will be included based on the presence of selenium-containing shale deposits Table 111-2•Phosphate rock(Subpart R) COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale,Page 3,COG-0500000 Sand and Gravel General Permit Effluent Parameter Discharge Limitations Rationale 30 Day Avg 7 Day Avg Daily Max Flow, mgd Report NA Report Discharge Evaluation Total Suspended Solids, mg/I 30 NA 60 Federal Effluent Guidelines pH, s.u. NA NA 6.5-9.0 Water Quality Standards Oil and Grease, mg/1 NA NA 10 State Effluent Regulations Site specific Selenium, ug/1"" Various NA Various Water Quality Standards Metals, ug/l Various NA Various Water Quality Standards Organics, ug/! Various NA Various Water Quality Standards Whole Effluent Toxicity(WET) Chronic Stat. Diff&IC25>IWC State Permit Limitations Acute LC50>100% State Permit Limitations Total Dissolved Solids, mg/1 Report NA Report Salinity Regulations Total Phosphorus, mg/! Report NA 0.2-1.0 Control Regulations Footnotes*,**,***,and****can be found under Table Ill-1 Table III-3-Industrial Sand(subpart D)except Industrial Sand HE flotation facilities(see Table III-4) Effluent Parameter Discharge Limitations Rationale 30 Day Avg 7Day Avg Daily Max Flow, mgd Report NA Report Discharge Evaluation Total Suspended Solids, mg/I 25 NA 45 Federal Effluent Guidelines pH, s.u. NA NA 6.5-9.0 Water Quality Standards Oil and Grease, mg/I NA NA 10 State Effluent Regulations Site specific Selenium, ug/1"" Various NA Various Water Quality Standards Metals, ug/I Various NA Various Water Quality Standards Organics, ug/1 Various NA Various Water Quality Standards Whole Effluent Toxicity(WET) Chronic Stat DW&IC25>IWC State Permit Limitations Acute LC50>100% State Permit Limitations Total Dissolved Solids, m /1* Report NA Report Salinity Regulations Total Phosphorus, mg/1v. Report NA 0.2-1.0 Control Regulations Footnotes*,**,***,and****can be found under Table III-1 . Table 111 4-Industrial Sand(subpart D)HFflotation facilities only Effluent Parameter Discharge Limitations Rationale 30 Day Avg 7 Day Avg Daily Max Flow, mgd Report NA Report Discharge Evaluation Total Suspended Solids, lbs/day 0.023 lbs per 1,000 lbs NA 0.046 lbs per 1,000 lbs Federal Effluent Guidelines total production*** total production*** pH,s.u. NA NA 6.5-9.0 Water Quality Standards Oil and Grease, mg/1 NA NA 10 State Effluent Regulations Total Fluoride, lbs/day 0.003 lbs per 1,000 lbs NA 0.006 lbs per 1,000 lbs Federal Effluent Guidelines total production***** total production**** Production Rate, lbs/day - Report NA Report Discharge Evaluation Site specific Selenium, ug/!"*' Various NA Various Water Quality Standards Fluoride, mg/l NA NA 2 Water Quality Standards Metals, ug/l Various NA Various Water Quality Standards Organics, ug/l Various NA Various Water Quality Standards Whole Effluent Toxicity(WET) Chronic Stat. Dom&IC25>IWC State Permit Regulations Acute LC50>100% State Permit Limitations Total Dissolved Solids, mg/1' Report NA Report Salinity Regulations Total Phosphorus, mg/I; Report NA 0.2-1.0 Control Regulations Footnotes*,** ***,and****can be found under Table III-I This limitation will be calculated from the facility's production rate. The water quality-based limit for Fluoride applies only on Water Supply segments,and the more stringent limit(WQS,ELG)will apply. Table III-5-Graphite(subpart AL) rDischarge Limi:ations I I COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale,Page 4,COG-0500000 Sand and Gravel General Permit 30 Day Avg 7 Day Avg Daily Max Flow, mgd Report NA Report Discharge Evaluation Total Suspended Solids, mg/1 10 NA 20 Federal Effluent Guidelines pH, s.u. NA NA 6.5-9.0 Water Quality Standards Oil and Grease, mg/1 NA NA 10 State Effluent Regulations Total Iron, mg/1 1 NA 2 Federal Effluent Guidelines Site specific Selenium, ug/1*** Various NA. Various Water Quality Standards Total Recoverable Iron, u,g/1' ' 1,000 NA NA Water Quality Standards Dissolved Iror 300 NA NA Water Quality Standard Metals, ug/l Various NA Various Water Quality Standards Organics, ug/l Various NA Various Water Quality Standards Whole Effluent Toxicity(WET) Chronic Stat. Duff&IC25>IWC . State Permit Limitations Acute LCS0>100% State Permit Limitations Total Dissolved Solids, mg/1 Report NA Report Salinity Regulations Total Phosphorus, mg/1 Report NA 0.2-1.0 Control Regulations Footnotes*,**,***,and****can be found under Table III-I The water quality-based limit for dissolved fluoride applies only on Water Supply segments.The more stringent limit(WQS,ELG)will apply. Table III-6.Batch Plants-Concrete and Hot Asphalt Effluent Parameter Discharge Limitations Rationale 30 Dap Avg 7DayAvg Daily Max Flow, mgd Report - NA Report Discharge Evaluation Total Suspended Solids, mg/1 30 NA 45 State Effluent Regulations pH,s.u. NA NA 6.5-9.0 Water Quality Standards Oil and Grease, mn/1 NA NA 10 State Effluent Regulations Total Iron, mg/l' 1 NA 2 Federal Effluent Guidelines Site specific Selenium, ug/1'*** Various NA Various Water Quality Standards Total Recoverable Iron Dissolved Iron Metals, ug/l Various NA Various Water Quality Standards Organics, ug/l Various NA Various Water Quality Standards Whole Effluent Toxicity(WET) Chronic Stat. Diff&IC25>IWC State Permit Limitations Acute LC50>100% State Permit Limitations Total Dissolved Solids, m�/1 Report NA Report Salinity Regulations Total Phosphorus, mg/l ' Report NA 0.2-1.0 Control Regulations Footnotes*,**,***,and****can be found under Table III-1 The water quality-based limit for dissolved fluoride applies only on Water Supply segments.The more stringent limit(WQS,ELG)will apply. IV.EXPLANATION OF PERMIT LIMITATIONS a. Regulations for Effluent Limitations(Regulation No. 62)—Regulation 62.4 includes effluent limitations that apply to all discharges of wastewater to State waters. These regulations are the basis for the oil and grease limitations and some of the total suspended solids(TSS)limitations in the tables above. These regulations do not apply when there are federal Effluent Limitation Guidelines associated with a facility. b. Technology-Based Limitations(Federal Effluent Limitation Guidelines)—Federal Effluent Limitation Guidelines(ELG's)have been promulgated for these facilities and must be applied to these discharges, unless a more stringent Water Quality Standard exists. The Water Quality Standards in many areas of the state are often more stringent than the federal ELG's, and therefore may be substituted in a certification. c. Water Quality Standard-based Limitations(Discharges to Surface Waters)- Water quality-based limits are imposed for pH. Water quality-based reporting may also be imposed for other pollutants of concern based on the discussion that follows. 1. pH—This parameter is limited by Water Quality Standards as the water quality standards of 6.5-9.0 s.u. range are more stringent than those specified under the Regulations for Effluent Limitations. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale,Page 5,COG-0500000 Sand and Gravel General Permit 2. Selenium—The permit writer will review the application and determine if selenium must be limited and/or monitored to protect the classified uses assigned to the receiving water. If required, the permit writer will set these limitations equal to the appropriate water-quality standards. Selenium will be considered a pollutant of concern for facilities operating in areas of shale deposits containing selenium(e.g.Mancos). 3. Metals-The permit writer will review the application and determine if metals parameters must be limited and/or monitored to protect the classified uses assigned to the receiving water. If required the permit writer will set these limitations equal to the appropriate water-quality standards. As many water quality standards for metals are listed as TI'S, and based upon an equation dependent on the hardness of the receiving stream, the permit writer will obtain hardness data to determine the appropriate metals limitations where appropriate. 4. Organics-The permit writer will review the application and determine if any organic parameters must be limited and/or monitored to protect the classified uses assigned to the receiving water. If required the permit writer will set these limitations equal to the appropriate water-quality standards. 5. Chemicals-The addition of chemicals(including release agents)to the discharge is not allowed unless expressly authorized by the Division A release agent is a substance used to aid in the separation of the desired material from the substrate, and must be disclosed To approve a chemical, the Division must have the associated MSDS sheet(s)provided with the application. If authorized, all chemicals must be used and stored in accordance with the manufacturers'recommendations and in accordance with any applicable state or federal regulation. d Salinity Requirements—All permit actions for discharges to surface waters in the Colorado River Basin must include salinity monitoring. Accordingly, the permit writer will perform an analysis,as set out in the paragraphs that follow,to determine which salinity requirements apply pursuant to the requirements of Section 61.8(2)(1)of the Colorado Discharge Permit System Regulations(Regulation No. 61). Multiple discharges covered from a single facility are subject to the limitation that would apply if there were a single discharge point. Based on the effluent data in the application from a new facility, the permit writer will make an assessment of the expected salinity load in the discharge(from concurrent flows at all outfalls)and if less than 1 ton/day or 366 tons/year, the calculation will be documented in the issued certification. For facilities discharging less than this threshold,quarterly monitoring will be required as existed in the previous permit For facilities that exceed the 1 ton/day or 366 tons/year threshold a TDS limitation will be applied in the permit, unless the permittee demonstrates that it is not practicable to prevent the discharge of all salt. The Division will decide on this exception prior to the start of discharge and may require further actions by the permittee to reduce the salt load before approval of the discharge. In conformance with section 61.8(2)(00)(A)of the Colorado Discharge Permit System Regulations the permittee must submit a report that documents whether it is feasible to treat to these levels. The Salinity Regulations allow for a waiver of TDS limitations upon submittal of a report that demonstrates that achievement of zero salt loading or, in the event that is not • achievable, discharge of less than one ton per day, is not economically feasible. There is no record that the permittee has previously submitted this report. If a report has previously been submitted, the permittee should submit a copy of this report. Quarterly monitoring for total dissolved solids will continue regardless. In conformance with the Colorado Discharge Permit System Regulation(Regulation No. 61) existing permits for discharges to the Colorado River basin incorporate total dissolved solids(TDS)as the monitoring parameter for compliance with the salinity requirements.Electrical conductivity(EC)may be substituted for TDS fa constant correlation exists between TDS and EC is established for the discharge, based on 5 paired samples, and approved by the permit writer. e. Phosphorus Regulations—Additional limitations for phosphorus may apply to discharges to surface waters in four watersheds — Dillon Reservoir, Cherry Creek Reservoir, Chatfield Reservoir,and Bear Creek Reservoir. Wasteloads(e.g.,phosphorus)have been allocated in these regulations to various point and non point sources that discharge on these watersheds.Ifa discharge is to one of these areas,as defined in Regulations 71, 72, 73, and 74, the permittee will be required to obtain a wasteload allocation from the appropriate authority prior to certification under this general permit. f Antidegradation—As set out in The Basic Standards and Methodologies ofSurface Water Section 31.8(3)(c)(ii)(C), an antidegradation analysis is required for all waters not designated as Use Protected except in cases where the regulated activity will result in only temporary or short term changes in water quality, or where the ratio of the low flow to the facility flow is 100:1 or more. Discharges permitted under this general permit are not normally temporary or short-term, thus, these discharges are not exemptedfrom an antidegradation review. Based on the information and data in the application, the permit writer will make an assessment of the low flow dilution ratio of the discharge to determine if antidegradation applies. • COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale,Page 6,COG-0500000 Sand and Gravel General Permit Under this general permit, an antidegradation(AD)limit will be calculated as 15%of the Water Quality Standard The permittee would then have the choice of this AD limit, or of a non-impact limitation(NIL). The NIL is either the limitation contained as of September 2000, or may be determined by the use of an implicit limitation ifa previous limit did not exist. The implicit limit is determined as the maximum effluent concentration in the years prior to September 2000(later data may be substituted on a case by case basis if data is unavailable from this time period).Alternately, if data does not exist,a compliance schedule may be added to the permit to obtain such data, to determine the implicit limitation and the final antidegradation-based effluent limit.An individual permit will be required where the permittee requests consideration of dilution and ambient water quality. In addition, the permittee may elect to perform an alternatives analysis. As this may be subject to public notice requirements, an individual permit will be required See Regulation 31.8(3)(d)and the Division's Antidegradation Guidance document for more information regarding an alternatives analysis. g. Whole Effluent Toxicity(WET)—The Water Quality Control Division has established the use of WET testing as a method for identifying and controlling toxic discharges from wastewater treatment facilities. WET testing is being utilized as a means to ensure that there are no discharges of pollutants "in amounts,concentrations or combinations which are harmful to the beneficial uses or toxic to humans, animals,plants, or aquatic life"as required by Section 31.11 (1)of the Basic Standards and Methodologies for Surface Waters. Some discharges covered under this general permit may exhibit whole effluent toxicity based on the potential pollutant concentrations in the discharge. Thus, WET testing may be incorporated into the permit on a case-by-case basis. If it is determined that WET testing is required, Chronic WET testing will normally be incorporated into the permit. However,Acute testing may be applied where the receiving stream has a zero low flow in all months and the discharge is intermittent, or when deemed appropriate for any other site-specific reason. h. Threatened and Endangered Species-The US Fish and Wildlife Service and the Division have entered into a Memorandum of Agreement(MOA)regarding discharges to federal T&E waters. In this MOA, a permittee that discharges to a T&F water may have additional constraints placed upon the discharge. These constraints may include accepting end-of-pipe limitations(no dilution), moving the discharge point to a different location, or using a dyer to obtain instantaneous mixing of the effluent and the receiving water. This last option may allow for a portion of the available assimilative capacity(dilution)to be incorporated into the permit. However,as this is a general permit, all limitations are imposed as end-of-pipe limits, and therefore, the first option is met. Generally, it will be assumed that the end-of-pipe limitations will satisfy the MOA, and no further consideration is needed On a case-by-case basis,additional constraints may need to be evaluated h. Mixing Zones—Under this general permit mixing zone regulations do not apply, as the water quality standards are applied as the effluent limits(i.e., no dilution is allowed). i. Discharges to 303(d)Listed Waters—Where the receiving water is included on the state's 303(d)list, total maximum daily loads(TMDL5)are being developed in accordance with the Division's schedule for TMDL completion. Once a TMDL has been established if it is necessary to incorporate limitations for a facility certified under this general permit, based upon the outcomes of the TMDL or the-results of the data analysis, a modification to the certification to discharge, or an individual permit may be required to regulate discharges from a facility. The facility would continue to be covered under this general permit certification until the individual permit is issued For example, the industrial process of sand and gravel operations typically involves discharging alluvial water. When the alluvium is dewatered in an area of shale deposits(e.g. Mancos), selenium is likely to be present in elevated concentrations in the discharge and is automatically considered a pollutant of concern. Preliminary monitoring data indicates that operations in areas of shale are likely contributing to exceedances of stream standards for selenium, and therefore, monitoring requirements will be included for data collection for a future reasonable potential analysis. New discharges to these segments will be required to meet the water quality limitations for selenium upon commencement of discharge. The basic standards for selenium are found in Table III of The Basic Standards and Methodologies for Surface Water(5 CCR 1002-31). There are currently ongoing national discussions between the USEPA and the USFWS on appropriate aquatic life standards for selenium.Should the USEPA adopt new water quality standards for selenium, the division's standards unit will begin incorporating federal standards into Colorado's water quality standards during basin triennial reviews. In the future, treatment of effluent to remove selenium may be required to attain water quality standards. The basin regulations contain information on the adopted standard for the segment(basic standard or site-specific standard)for stream segments for selenium(see examples below), and should be checked for the specific segment and modifications. When temporary modifications are listed for a stream segment, the acute and chronic aquatic life standards of 18.4 ug/1 and 4.6, respectively, may not apply. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale,Page 7,COG-0500000 Sand and Gravel General Permit j. Compliance Schedules-Existing dischargers may be granted compliance schedules for any new effluent limitations applicable to the discharge: Some items for which a compliance schedule may be necessary may require an individual permit.Note that compliance schedules cannot be granted for limitations based upon the federal ELGs. k. Monitoring Requirements-See Section LB of the permit for monitoring requirements. m. Permit Termination-Sites that are covered by a bond under the Colorado Division of Reclamation, Mining, and Safety will need to prove that bond release has occurred before permit coverage can be terminated Sites that are not covered under a bond must provide additional information before the permit can be terminated V. STORMWATER DISCHARGES As required under the Clean Water Act amendments of 1987, the Environmental Protection Agency(EPA)has established a framework for regulating municipal and industrial stormwater discharges. The Water Quality Control Division("the Division')has stormwater regulations(5CCR 1002-61)in place. These regulations require specific types of industrial facilities that discharge stormwater associated with industrial activity(industrial stormwater), to obtain a CDPS permit for such discharge. The regulations specifically include sand and gravel mining activities as industrial facilities. Facilities which discharge industrial stormwater either directly to surface waters or indirectly, through municipal separate storm sewers, must be covered by a permit. This general permit does not cover stormwater only discharges, which are covered under stormwater permit COR-340000. The federal effluent guidelines that govern discharges from sand and gravel mining facilities(40 CFR 436)control most surface runoff However, there are some sources of stormwater from these sites which are not addressed such as roads and railroad lines,pond outslopes, inactive loadouts, sites used for storage and maintenance of material handling equipment, etc. I. Stormwater Management Plan(SWMP): The stormwater regulations primarily apply to areas not covered by 40 CFR Part 436. They require permittees to develop and implement a Stormwater Management Plan(SWMP)to protect the quality of stormwater leaving the site. The plan shall identify potential sources of pollution(including sediment)which may reasonably be expected to affect the quality of stormwater discharges associated with mining activity. In addition, the plan shall describe the best management practices(BMPs)which will be used to reduce the pollutants in stormwater discharges from the mining site. Some activities required under the SWMP may already be in place. However, the SWMP will require the permittee to coordinate these activities with any necessary new activities in an orderly manner, so that the result is the reduction or elimination of pollutants reaching state waters from areas not limited by effluent limitations. Facilities must implement the provisions of the SWMP required under this part as a condition of this permit. It is the permittee's responsibility to notes the Colorado Division of Reclamation, Mining and Safety of any significant changes at their site resulting from the implementation of the SWMP. This is so that the Division of Reclamation, Mining and Safety may review the SWMP and incorporate any potential revisions into the facility's reclamation permit which might be needed The SWMP shall include the following items, at a minimum: a) Site Map b) Description of Potential Pollutant Sources/Material Inventory c) Stormwater Quality Controls I) SWMP Administrator 2) Materials handling and spill prevention • COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale,Page 8,COG-0500000 Sand and Gravel General Permit 3) Erosion and sediment controls 4) Other pollution prevention measures 5) Preventive maintenance 6) Good housekeeping 7) Identification of discharges other than stormwater. 2. Other Requirements a) Facility Inspections: The permittee will be required to make a thorough inspection of their stormwater management system, at least twice per year(in the spring and fall). (See Part LD.4 of the permit for alternate schedules) These inspections must be documented and summarized in the Annual Report to the Division. b) Employee Education: The permittee shall develop and implement employee education programs to inform personnel at all levels of responsibility of the components and goals of the SWMP. This section has been expanded from the previous permit to include contractor and temporary personnel, in keeping with other stormwater permits. E. Stormwater Management Plan(SWMP) The SWMP Contents section has been modified Some of the changes are limited to organization of information, which does not require modification of an existing permittee's current SWMP. Most of the SWMP changes involve clarifications, reformatting, or adopting requirements from the Division's Stormwater Construction general permit(e.g.,BMP installation specifications). For existing permittees(t.e., those with permit coverage prior to the reissuance date of this permit), their SMWP must be amended to include the new required items: For existing permittees, any SWMP changes based on the change in permit requirements must be completed within 5 months of the effective date of the certification. The plan is not to be submitted to the Division unless requested, but must be available on site as outlined in Part ID.5(b)of the permit. I. Terms and Conditions,General Limitations and Design Standards: This section reiterates the requirement that facilities select, install, implement, and maintain appropriate BMPs,following good engineering, hydrologic and pollution control practices. In addition, requirements to adequately design BMPs to prevent pollution or degradation of State waters(see Part I D.2 of the permit)have been revised and are discussed below. 2. Site Map: The list of items needed for the Site Map has been expanded, in order to adequately characterize the site. A list of items and factors has been added to the section on identifying potential stormwater pollutants, in order to clam the Division's intent in this area. This requirement may necessitate changes to existing permittees'SWMPs. 3. Description of Potential Pollutant Sources: The requirement to identify Potential Pollutant Sources has been expanded to include more details for the evaluation of such sources. This evaluation allows for the appropriate selection of BMPs for implementation at a facility or site. This requirement may necessitate changes to existing permittees'SWMPs. 4. Stormwater Management Controls: See Part I.C.I of the permit. a) This section has been modified to require identification of a SWMP Administrator. The SWMP Administrator is a specific individual(s),position or title who is responsible for the process of developing, implementing, maintaining, and revising the SWMP. This individual serves as the comprehensive point of contact for all aspects of the facility's SWMP. This requirement may necessitate changes to existing permittees'SWMPs. b) Sections have been added requiring that preventive maintenance and good housekeeping measures be included in the SWMP. Preventive maintenance is critical to ensuring the success of the BMPs at a site. Good housekeeping measures are a common sense means of increasing compliance. This requirement may necessitate changes to existing permittees' SWMPs. 5. Permit Termination: A section has been added on additional SWMP items for sites seeking permit termination. This section provides more guidance to permittees than has been available in the past, on the steps needed to inactivate a site's permit coverage. Most sites will be able to inactivate coverage once they have had bond release from the Colorado Division of Reclamation, Mining and Safety. This requirement may necessitate changes to existing permittees'SWMPs. 6. Consistency with Other Plans: A section has been added clarifring that other documents,such as an SPCC, can be used to meet some of the SWMP requirements,provided that the other documents are readily available and the SMWP includes appropriate cross references. COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, Water Quality Control Division Rationale,Page 9,COG-0500000 Sand and Gravel General Permit Erin Scott April 18, 2008 IV. PUBLIC NOTICE COMMENTS No comments were received during the public notice period Note, however, that the division eliminated the two year maximum for compliance schedules. Erin Scott May 28, 2008 f I'� I ICI E �� K �tt i i Dewatering Evaluation Great Western Sugar Property Varra Companies, Inc. Greeley, Colorado CGRS No. 1-135-12539aa Prepared by: CGRS, Inc. 1301 Academy Court Fort Collins, Colorado 80524 October 2010 Revised December, 2010 970-493-7780 TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 BACKGROUND INFORMATION 1 3.0 PROJECT ASSUMPTIONS 1 4.0 MODEL PARAMETERS 2 5.0 RESULTS 3 6.0 CONCLUSIONS 4 LOCATION MAP Figure 1 Site Location Map ATTACHMENTS Model Boundary Maps Attachment A Figure la Proposed Mine Locations Figure 2 Existing Ground Surface Contours Figure 3 Existing Bedrock Surface Contours Figure 4 Model Grid Figure 5 General Head Boundary Figure 6a Constant Head—Baseline Simulation Figure 6b Constant Head—Northwest Pit Dewatering Figure 6b Constant Head—Southeast Pit Dewatering Groundwater Head Distribution Maps Attachment B Figure 7 Baseline Simulation Figure 8 Northwest Pit Dewatering Figure 9 Southeast Pit Dewatering Observation Wells Attachment C Figure 10 Northwest Pit Dewatering Figure 11 Southeast Pit Dewatering 1.0 INTRODUCTION The following report presents the results of a hydrogeologic evaluation regarding the proposed gravel quarry operations operated by Varra Companies at the Great Western Sugar Property near Greeley, Colorado in association with CDRMS Permit # M-2010-049. The site location is shown in Figure 1. 2.0. BACKGROUND INFORMATION The proposed Great Western Sugar Property gravel quarry occupies the North half of section 9, Township 5 North, Range 65 West of the 6th Principal Meridian. The surrounding land use consists of agricultural, rural residential, commercial and open-cut gravel quarry operations. The proposed mine area occupies an estimated 130 acres. The water table at the site is located in unconsolidated alluvial deposits associated with the Cache La Poudre River. Information provided by proposed mining operations document soil conditions generally consisting of a totally void or de minimis top soil layer underlain by sand and gravel deposits, which in turn are underlain by Pierre Shale. Over the entire area the range of saturated thickness of the sand and gravel deposits (prior to mining) is estimated at 25 to 70 feet. It is our understanding that the sand and gravel will be dewatered during aggregate extraction at a maximum depth of 45 feet. Any extraction beneath 45 feet may require wet mining. The water table in the vicinity of the four proposed quarry locations will be drawn down to 35 feet below ground surface or to the Pierre Shale, which ever occurs first. The mine will be dewatered by allowing groundwater to flow from the side walls of the excavation into ditches. It is our understanding that the water will be pumped into unlined ponds east of the mine and will eventually make its way into the Cache La Poudre River. Site conditions and proposed mine areas are depicted on Figure la in Appendix A. 3.0. PROJECT ASSUMPTIONS The following are assumptions made in estimating effects of mine dewatering operations. • The aquifer cells within the model boundary are homogeneous and anisotropic. • The saturated thickness of the aquifer prior to mine operations varies between 30 and 70 feet (water table located three to thirty feet below ground surface). Figures 2 and 3 depict ground and bedrock surface contours. • The average horizontal hydraulic conductivity of the sand and gravel deposits is 100 feet per day. • The average vertical hydraulic conductivity of the sand and gravel deposits is 10 feet per day. • The average effective porosity of the sand and gravel deposits is assumed to be 0.25 with a total porosity of 0.30 • Other than dewatering associated with mine operations, no other aquifer stresses such as drought or surrounding well use were accounted for. Dewatering Report Great Western Sugar Property-Varra Companies Greeley,Colorado Page 2 • The effects of evapotranspiration, extinction depth (depth of roots from plants and trees), and recharge due to precipitation were negligible compared to the effects of dewatering and were not accounted for. • The average specific storage was assumed to be 0.25 with a specific yield of 0.20. • All groundwater simulations are steady state. • The Pierre Shale which underlines the coarse alluvial deposits acts as an impermeable barrier. • Only one pit will be dewatered at a time. 4.0. MODEL PARAMETERS The following are model parameters used to develop an accurate model of the mine before and after dewatering operations. • The grid created was 50 x 50 feet. See Figure 4. • The model extends was set at 6700 x 7760 feet. • Constant head boundaries were assigned for the river and ponds in the model domain. See Figure 6a. • Constant head boundaries were also assigned to simulate dewatering of the northwest pit and the southeast pit. See Figure 6a and Figure 6b. • General head boundaries were assigned to the external boundary conditions to the north, south, east, and west. See Figure 5. The effects of dewatering on groundwater flow within the study area were evaluated by use of a three-dimensional numerical groundwater flow model Visual ModFlow. A uniform flow field was defined in the model with an unconfined aquifer. The static groundwater flow direction is east-northeast with the slope of the water table slightly towards the river. Elevations used to define the existing ground surface were obtained from a topographic survey. General head boundaries were used to define the extends of the model. This allows for initial groundwater heads to be defined and drawdown from the pit to occur even at the boundary of the model. The above mentioned survey was also used to define the elevations assigned to constant head boundaries of the Cache La Poudre River. The bedrock surface was defined from information gathered from exploration borings defining the gravel and sand deposits. There are four pits that will be dewatered and mined for sand and gravel and are depicted in Figure 1 a. For this report only two pits will be modeled to estimate the influence of mine dewatering on the surrounding water table. Dewatering simulations were ran for Tract A and Tract C (SE and NW Ponds). The northwest pit was selected as it is the largest area to be mined and will involve pumping the largest volume of water. The other selection of the southeast pit was based, in part, on spatial location (it is located farthest from the river) and is the second largest mine area. It was also assumed dewatering will only occur in one pit at a time. Dewatering Report Great Western Sugar Property-Varra Companies Greeley,Colorado Page 3 Observation points OW-1 through OW-8 were placed in the model at various locations on all sides of the mining operation. These observations points were assigned elevations based on baseline steady state simulation with out the effects of dewatering. These baseline groundwater elevations were compared to two steady state dewatering simulations in order to estimate the total drawdown. Two steady state simulations were modeled using the largest proposed pit of the four(northwest pit identified as Tract C) for one run and using the pit farthest from the river (southeast pit identified as Tract A)for the second simulation. The northwest pit was modeled at a dewatering elevation of 4590 at a depth of 35 below the existing ground surface. This elevation was chosen as a constant head boundary to account for a ten foot seepage face above the mine floor, which is consistent with observed conditions at dry mine operations in this area. Steady state simulations represent dewatering in perpetuity and will be the most conservative analysis with regard to dewatering effects. The southeast pit was modeled at a steady state drawdown elevation of 4600 feet, which equates to 30 feet below ground surface. Graphical results are presented in Attachment B and Attachment C, Figure 7 through Figure 11. 5.0. RESULTS The baseline simulation depicts the natural hydraulic gradient varying between 5 and 15 feet per mile (0.001-0.003 feet per foot), with the depth to water varying between 3 and 30 feet below ground surface. The natural groundwater flow direction is to the east- northeast. Seasonal water table fluctuations of between one and three feet are common for this area, and during drought conditions fluctuations up to ten feet can be experienced. The groundwater elevation distribution map generated by the baseline model before any dewatering is illustrated in Figure 7. The northwest pit simulation shows a drawdown in the observation wells ranging from 0 to 1.5 feet. Observation well OW-7 is north on the other side of the river and is not effected by dewatering of the northwest pit. The drawdown at OW-7 was modeled to be 0 feet as expected. Observation wells OW-3 and OW-4 were simulated to have the largest drawdown at 1.5 feet and 1.33 feet respectively. This is anticipated as these wells are the wells farthest from the river. Wells OW-3 and OW-4 are approximately 1000 feet from the northwest pit. This shows that at 600 feet from the mine face dewatering the northwest pit induces drawdown similar to seasonal water table fluctuations. The groundwater elevation distribution generated by dewatering of the northwest is depicted in Figure 8. The southeast pit simulation shows a drawdown in the observation wells ranging from 0 to 4.5 feet. Observation well OW-7 is north on the other side of the river and is not effected by dewatering of the southeast pit. The drawdown at OW-7 was modeled to be 0 feet as expected. Observation wells OW-1 and OW-2 are west and east of the pit with drawdown effects of approximately 0.9 feet and 1.9 feet respectively. Observation wells OW-3 and OW-4 were simulated to have the largest drawdown at 4.4 feet and 4.5 feet respectively. This is anticipated as these wells are due south at a distance of Dewatering Report Great Western Sugar Property-Varra Companies Greeley,Colorado Page 4 approximately 1000 feet from the mine face and furthest from the river. OW-8 is further south at approximately 2000 feet with a simulated drawdown of 2.3 feet showing that the effects of dewatering on the southwest pit, at this distance, are similar to seasonal water table fluctuations. The groundwater elevation distribution generated by dewatering of the northwest is depicted in Figure 9. 5.0. CONCLUSIONS The results of analytical and numerical solutions predict that proposed mining operations will not adversely affect the regional groundwater hydrology. The estimated distance from the mine to drawdown levels, that do not exceed seasonal water table influences or undetectable influences, are approximately 800 feet to the west and east, and 1,500 feet to the south. Dewatering activates are shown to have the largest impact south of the gravel pits. This is expected as the recharge due to the river on the surrounding groundwater table is minimized the farther the distance from the river. The Cache La Poudre River provides a substantial source of recharge to the groundwater table and the effects of dewatering are negligible to the river. The simulation shows dewatering has no effect on the groundwater table on the north side of the river. There are a number of domestic and monitoring wells in close proximity to the proposed mine. The reported well depths are sufficient to serve as monitoring points during dewatering operations. It may be advisable to survey well head elevations, obtain water data during mine operations, and compare observed water levels to model predicted water levels. This report was prepared by CGRS, Inc. Date 12/g��°/o Kevin J. Warner Staff Engineer Reviewed by: Date la/ gl2pio Joby . A ams, P.G. Principal/Hydrogeologist Mks a tr[- °r1 T:4 III I:. -.. .0,/, .,,....)(4. • , ,0 \ / I 33 34 T i .cu Imo' II' LS, P_ TA L L S, E Y ate: r4'1I � .\ 6 ,., y {■� \ frIC.1,1:1 S ', ' *tit .\p3:1-`1.... 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PREPARED BY ^^ N vfl ENVIRONMEM 12539AA Kw coNsmurno GREELEY,COLORADO COMPLIANCE SEE SCALE ABOVE DATE REVIEWED BY 10/25/2010 JLA ATTACHMENT B GROUNDWATER HEAD DISTRIBUTION MAPS LEGEND Head Contour -4- Observation Well(Model Created) '1w' % %b N ir' W ;ii R ry it S' Fxn;�M i; Y' ate ' ,r , � ,.r� � ' mss. ;,� } # r ' 4 ,E ,I 1" rr-+r- s 1_I mcs[N� Cr 1[ �w h t 'sr a,. 4 ,`a° 0, a �""� g l id { -.— CV .fi ,fin �' +'' 4 - ., .* I« AA ■■ j{ "ti j Y -P� f lit y t j s+i. mL i i; hi 4 v" E I �Z a y■frt-�. '� �imBQt `'G7J OIgl101tiabbe i(-10, 1c, ' t 1 , ' s r r t fill:: = "- t ;te � �t4 c >,� _ s a0 ' 5 6t"N 10A 4 3 3T'W alov A83�t _ yE - eye°—I. t.159'1 ti a 1000 1000 1000 M00 8000 6000 7000 7750 a` FIGURE 7 GREAT WESTERN SUGAR PROPERTY GROUNDWATER HEAD DISTRIBUTION MAP VARRA COMPANIES BASELINE SIMULATION PROJECT NO. PREPARED BY (� ENVIRONMENTAL 1O2:5:3:9 2539AA KJW rG COCOMP�LANOCE GREELEY,COLORADO SEE SCALE ABOVE DATE REVIEWED BY 10/25/2010 JLA LEGEND Head Contour 4- Observation Well (Model Created) ■ Dry Cell { 3 .1 ,e N 3! E tit* ,- --,,-, ' -L - , ,„, ,,,, ","' -...------,.,• „;,„,_ all R **4 eF x "��•4 ! mt t s�L i.,.,,41,, 11,,,, s"" 4 , iii , ' y r -' 1 : 1 - lI +L ' . IM f { >, e it ,3II • a -1) - 4 r w= ' I' 4 .; . - .;,Try �SI•�S 's' *y -a ry ',7"" ,,,.n. wua ti'1 q; +q�� •.- •-,en ka...cr.,t..•;.a,,-�>.�..wa...w..�r1 s t 4 6 jk, 4:-. fit, �,rif.+ivvv k7Cm . Vt is '/fr."2 Gti.,,;MI 4 4 max# fi :G .4 a d�? amu �m e �� dk4;Otj q 5. ,y . �q�s.-+Lw »r wit -* �1 i• L,4 +' t * •4b T n.k .s! : c ( ,, 4" 60661'N 4'40%332"W ula' 46331e p Eye,�lti it454R ,� 0 1000 1000 3000 1000 4000 6000 7000 7740 N FIGURE 8 GREAT WESTERN SUGAR PROPERTY GROUNDWATER HEAD DISTRIBUTION MAP VARRA COMPANIES NORHTWEST PIT DEWATERING PROJECT NO. PREPARED BY p- ^� v ENVIRONMENTAL GREELEY,COLORADO 12539AA KJW CONSTRUCTION COMPLIANCE SEE SCALE ABOVE DATE REVIEWED BY 10/25/2010 JLA LEGEND Head Contour -it- Observation Well(Model Created) V �y tk;lh- r: ' K N 5"jam: »A y i 4 I -1.1. .iP "r Y g Xi R a sp J _ }Y g '"" ..... ` £4 4 .w9 f " �,, /c A Vh ,x4Aa' '').'1,---'4--.i, R� `: ry xtF f; rS_ a m a , p i. w it t' n A � kill ti 4 r', 1 - - " ' f a 7. d .rp `� �.-*.:,!:;,,,..4,,, ra,«. F 1 St :at .rc :- ,.p,.. :>1NiN o �- Mid yc-' wP.4.0- v- 41 a * ry �,rz ._ 4:. sal t G _ , ,,,, *d0"250fi N 1Q�"dS1�3.3. W' elev d933II ,� [f Eyn 51�,1,td59 it „'� 0 1000 2000 3000 1000 4000 6000 7000 7740 W FIG 9 GREAT WESTERN SUGAR PROPERTY GROUNDWATER HEADURE DISTRIBUTION MAP VARRA COMPANIES SOUTHEAST PIT DEWATERING PROJECT NO. PREPARED BY ENVIRONMENTAL 12539AA KJW �� COMPLIANCE GREELEY,COLORADO DATE REVIEWED BY SEE SCALE ABOVE 10/25/2010 JLA ATTACHMENT C OBSERVATION WELLS 0 Calculated vs.,Observed Head L Steady state co a- I OW-5 Observed=4626.00 I Calculated=4625.88 OW-1 Observed=46 24.00 !_ ! I Calculated=4623.46 d OW-3 OW-7 t o Observed—4621.00 I .2 V.— Observed=4620.00 =Calculated 4621.00 Calculated=4618.53 TS - --- -1 OW-8 -- Observed=4619.00 li OW-6 I I Calculated=4618.27 Observed=4615.50 — Calculated=4615.26 i j OW-4 Observed=4618.00 o Calculated=4616.67 C tr I i I I I , 4610 4620 4630 Observed Head(ft) Num.of Data Points:8 Max.Residual:-1.474(ft)at OVV-3/A OW-2 Standard Error of the Estimate:0.19(ft) Min.Residual:0(ft)at OW-7/A Observed=4616.00 Root Mean Squared: 0.807(It) Residual Mean:-0.63(ft) Calculated=4615.39 Normalized RMS:7.686(%) Abs.Residual Mean:0.631 (ft) Correlation Coefficient:0.991 FIGURE 10 GREAT WESTERN SUGAR PROPERTY OBSERVATION WELLS VARRA COMPANIES NORTHWEST PIT DEWATERING PROJECT NO. PREPARED BY ENVIRONMENLAL `^l^� CONSTRUCTION GREELEY,COLORADO 12539AA KJW CG COMPLIANCE DATE REVIEWED BY 10/25/2010 JLA §— Calculated vs. Observed Head : Steady state v I -- , —r-- I -- i— —. OW-5 I - ; Observed=4626.00 -- I I Calculated=4625.75 i OW-1 - Observed=4624.00 Calculated=4623.10 i 141 OW-7 t o Observed=4621.00 i OW-8 I — - - Observed=4619.00 ez Calculated=4621.00 Calculated=4616.73 OW-3 itir Observed=4620.00 OW-6 r Calculated—4615.61 Observed=4615.50 \ I Calculated=4614.8 I OW-4 Observed=4618.00 o Calculated=4613.52 e I I I I i I 4610 4620 4630 Observed Head(fi) Num.of Data Points: 8 Max.Residual:-4.478(ft)at OW-4/A OW-2 Standard Error of the Estimate: 0.623(ft) Min.Residual: 0(ft)at OW-7/A Observed=4616.00 Root Mean Squared: 2.487(ft) Residual Mean: -1.861 (ft) Calculated=4614.10 Normalized RMS:23.683(%) Abs.Residual Mean: 1.861 (ft) Correlation Coefficient:0.933 FIGURE 11 GREAT WESTERN SUGAR PROPERTY OBSERVATION WELLS VARRA COMPANIES SOUTHEAST PIT DEWATERING PROJECT NO. PREPARED BY 12539AA KJW C(� ENVIRONMENTAL �/ CONSIRUCIION COMPLIANCE GREELEY,COLORADO DATE REVIEWED BY 10/25/2010 JLA Exhibit N — Source of Legal Right to Enter 6.4.14 EXHIBIT N - Source of Legal Right to Enter The source of the Operator's/Applicant's legal right to enter and initiate a mining operation on the affected land. (Same requirements as Rule 6.3.7y As landowner(s) to all lands to be permitted for extraction under a Colorado Division of Reclamation Mining and Safety (DRMS), Office of Mined Land Reclamation (OMLR) permit, o signatures below testify that Varra Companies, Inc. has the legal ri ht to enter a d mine with respect to all lands under this permit. Signed: ov President Signed and dated this / ' day of ? - , ' State of . f ) )ss County of / ) The foregoing instrument was acknowledged before me this day of by 'H ) „ _ i as ! , / of �. SOTAR Y'.'• otary Public • ,;.,PUBLIC: cow' My Commission expires: My co.wfl m Erpves 10131/2012 Varra Companies, Inc. Western Sugar Reclamation Land Development Project 1 OMLR 112 Permit Application 2010 LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD 'S OFFICE , IN THE PUBLIC REVIEW FILE . Varra Companies, Inc. Office of Special Projects 1431 East 16th Street Greeley, Colorado 80631 Telephone(970)353-8310 Fax(970) 353-4047 Monday 13 December 2010 Weld County Clerk to the Board 915 10th Street, 3rd Floor Greeley, Colorado 80632 Subject: Varra Companies, Inc. - Western Sugar Reclamation Land Development Permit - Regular Impact (112) Technical Revision Application -Permit M-2010-049 Materials submitted to the Colorado Division of Reclamation Mining and Safety (CRMS) - Office of Mined Land Reclamation (OMLR): • Correspondence of 13 December 2010 from Varra Companies, Inc. to the Colorado Office of Mined Land Reclamation,with attending maps and attachments. Attachments: 1 Proof of Placement of this material with the Weld County Clerk to the Board. 2 C.G.R.S. Dewatering Evaluation. 3 Stormwater Management Plan. 4 Approved CDI I Discharge Permit. 5 Proofs Publication & Notification. 6 Exhibit C-1 and C-2, Maps. 7 Exhibit N - Legal Right to Enter corrected. Your signature below acknowledges receipt of the above referenced material,as attached. The material should be added to the above referenced Application, as originally submitted to the Weld County Clerk to the Board, and made accessible for public review. Received On /7;-,/,..4— o7(:)/O , 2010 By: 414,H4e-- Q49(-4% / Office of the Weld County Clerk to the Board of County Commissioners -_ O \itc Q�eVI EW Id- 2-1' I 2010-2962 Varra Companies, Inc. WESTERN SUGAR RECLAMATION LAND DEVELOPMENT PROJECT 1 OMLR Permit— M-2010-049 13 December 2010 Hello