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Home My WebLink About20060723.tiff STATE OF COLORADO OFFICE OF THE STATE ENGINEER of Division of Water Resources b— Th Department of Natural Resources ia ` 1313 Sherman Street,Room 818 \\ r) Denver,Colorado 80203 ` ave Phone(303)866-3581 January 19, 2006 FAX(303)866-3589 ry Bill Owens www.water.state.co.us Governor Peter Wayland Russell George Executive rgeear Weiland, Inc. Hal D.Simpson,P.E. 525 3r°Avenue, Suite 211 s e Engineer Longmont, CO 80501 Re: Nelson Mining Resource Gravel Pit, Substitute Water Supply Plan DMG File No. M-05-059 Section 31, T3N, R67W of the 61h P.M. Water Division 1, Water District 5 Approval Period: January 1, 2006 through December 31, 2007 Dear Mr. Wayland: -- This letter is in response to your application of October 20, 2005 requesting approval of a substitute water supply plan ("SWSP") for a sand and gravel pit owned and operated by Asphalt Specialties Company, Inc. The Applicant shall be responsible for compliance with this plan. The required fee of $1,343 for the substitute water supply plan has been submitted (receipt no. 545112). Plan Operation This plan seeks to replace depletions resulting from mining at the Nelson Mining Resources Gravel Pit ("Nelson Pit"). The project proposes to dewater the pit and pump that water into to the unlined Varra Companies Pit No. 1 (M-74-052) located to the north of the Nelson Pit. Depletions from evaporation at the Varra Companies Pit No. 1 ("Varra Pit") are augmented pursuant to a pre-1989 augmentation agreement with the St. Vrain & Left hand Water Conservancy District. According to the plan, the Varra Pit is located at the same approximate distance from St. Vrain Creek as the dewatering pump. Therefore, the water will recharge back to the stream in the same approximate timing as the depletions from dewatering. The reclamation plan for the Nelson Pit is to place a compacted clay liner around the interior of the mine slopes for the purpose of preventing groundwater seepage from entering the pit. The applicant has bonded for lining of the pit through the Division of Minerals and Geology. Depletions This plan describes the proposed water uses at the previously un-mined Nelson Mining Resource Gravel Pit during the first two years of this operation. The proposed plan anticipates a maximum annual net depletion of 15.02 acre-feet for up to 1.19 acres of exposed groundwater surface (0.34 acres of dewatering trench and 0.85 acres of wash pond) during the approval period. Since this is a new mining operation, no groundwater was exposed at this site 2006-0723 a-.2cc,(t. / L/a.2 � Peter Wayland January 19, 2006 Page 2 prior to January 1, 1981. Depletions from the mining of this proposed operation will accrue to St. Vrain Creek. You have provided a monthly breakdown of the maximum year annual depletions totaling 2.89 acre-feet of evaporative loss from a maximum of 1.19 acres of groundwater exposed after January 1, 1981, 1.2 acre-feet of water used and consumed for dust control, and 10.92 acre-feet of water lost with 371,000 tons of mined product. The mining operation is located greater than 100 feet from St. Vrain Creek. As a result, a stream depletion analysis using Glover techniques has been performed as a means to assess the lagged depletions to St. Vrain Creek resulting from the proposed operation of the Nelson Mining Resource Gravel Pit. The schedule for replacement of depletions takes into full account all annual depletions accounting for the lagged effect over 10 years and normalized according those monthly percentages. As a result, full replacement of depletions to St. Vrain Creek are made on a monthly basis. Replacements The proposed source of replacement for this pit is fully consumable wastewater treatment plant effluent or reservoir releases from a lease with the City of Longmont. The City of Longmont wastewater treatment plant is located approximately 10.5 miles upstream of this new mining operation. A 0.25 percent per mile transit loss (2.625 percent overall loss) has been accounted for in the replacements. The monthly depletions and replacement requirements are found on the attached table. Conditions of Approval As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided to an outside consultant for review. The consultant has recommended approval of the plan by way of a draft of this letter. Based upon statutory requirements and the recommendations of the consultant, I hereby approve the proposed substitute water supply plan in accordance with Section §37-90-137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of January 1, 2006 through December 31, 2007, unless otherwise revoked, modified, or superceded by decree. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee by November 1, 2007. 2. The losses associated with this mining operation must not exceed a total of 15.02 acre- feet annually for the duration of this plan approval. These losses include 2.89 acre-feet of evaporation from the proposed exposure of up to 1.19 acres of groundwater, 1.2 acre- feet of water used for dust suppression and 10.92 acre-feet of water lost in 371,000 tons of mined aggregate. Should the losses associated with the mining operation exceed 15.02 acre-feet annually, prior to the expiration date of this plan, an amendment will need to be filed with this office. 3. A copy of the lease with the City of Longmont must be submitted to the State Engineer's Office prior to commencing mining at the site. Peter Wayland January 19, 2006 Page 3 4. According to the plan the water pumped to dewater the site will be pumped to the Varra Companies Pit No. 1 pit (Varra Pit) located to the north of the property. Water pumped into the lakes shall not increase the surface area of the ponds beyond the area covered under the augmentation agreement with the St. Vrain & Left hand Water Conservancy District. If at any time it is determined that all evaporative depletions at the Varra Pit are not being replaced, the dewatered water must be pumped directly back to the stream. (Note that pumping the dewatering water back to the stream will create an obligation to replace delayed depletions that result from dewatering.) 5. AU pumping for dust control shall be measured in a manner acceptable to the division engineer. 6. The approval of this substitute water supply plan does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 7. The Water Commissioner responsible for the administration of this plan is Mr. Scott Edgar, 1735 Dolores River Drive Windsor, CO 80550, phone 970-686-0628. The applicant shall maintain daily records of all diversions, replacements, and the amount of water used for each particular purpose. The applicant shall provide a report of these records to the division engineer and the water commissioner on a monthly basis on a form approved by them. The accounting must be submitted within 30 calendar days of the end of the month for which the accounting is being made. In addition, the applicant shall submit a report from each entity making replacements using fully consumable effluent; for this plan, that entity is the City of Longmont. The report shall include an accounting of all wastewater plant water effluent controlled by each entity, showing the total volume of water under its control at the various wastewater treatment plants, and the amount committed to each of the recipients of the water. 8. Replacement water released from fully consumable sources identified above must be decreed for augmentation use. 9. Applicant shall follow the accounting protocol as referenced in the attached document for the operation of this SWSP. 10. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. 11. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner. Peter Wayland January 19, 2006 Page 4 12. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 13. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 14. In accordance with amendments to Section §25-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such,water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 15. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Should you have any questions, please contact Joanna Williams of this office or Mr. Dave Nettles of our Division office in Greeley at(970)352-0742. Sincerely,S ),11 Wolfe, P.E. Assistant State Engineer Attachments: Monthly Replacement Schedule and Accounting Protocol KGR/JMW cc: Dave Nettles, Assistant Division Engineer Scott Edgar, Water Commissioner District 5 Gary Witt, Wright Water Engineers, Inc. Division of Minerals and Geology MONTHLY REPLACEMENT SCHEDULE WORKSHEET Nelson Mining Resource M-2005-059 Distance from Replacement Source[miles]: 10.5 Year 1.3 (1) (2) (3) Total Depletion Transit Loss Total Replacement Month [acre-ft] [acre-ft] [acre-ft] January 0.95 0.02 0.97 February 0.87 0.02 0.89 March 0.92 0.02 0.94 April 1.07 0.03 1.10 May 1.17 0.03 1.20 June 1.35 0.04 1.39 July 1.59 0.04 1.63 August 1.68 0.04 1.73 September 1.60 0.04 1.64 October 1.40 0.04 1.44 November 1.29 0.03 1.33 December 1.14 0.03 1.17 Totals 15.02 0.39 15.41 Notes: (1)=Total Depletion for Year 1-3 from Table Al.5 Column (3)of SWSP (2)=(Column (1))X(10.5 miles X 0.25%per mile) (3) =Column (1)+Column (2) AUGMENTATION PLAN ACCOUNTING PROTOCOL Division of Water Resources Division One — Greeley This document addresses the accounting information and format that should be followed for water court approved augmentation plans. Decreed augmentation plan requirements take precedence in the event of a conflict between the requirements in the decree and this protocol. 1. The accounting must be done using software such as Excel or Access, preferably Excel. During the initial review of the accounting and/or when requested, the applicant will be required to submit the actual Excel file used to perform the accounting so that data relationships and formulas can be confirmed. 2. Accounting for wells that are decreed as alternate points of diversion to a surface water right must be done on a daily basis in order to substantiate when the well is in or out of priority. For the purposes of augmentation plan accounting only, the daily in priority alternate point well diversions may simply be shown as zero. The remaining out of priority daily diversions should then be used to determine the delayed depletions associated with the well operation. 3. Accounting for wells that are not alternate points of diversion to a surface water right may be done on either a daily or monthly basis. If the monthly basis is used, the volume of water diverted for the entire month should be prorated to the number of days in the month and shown as equal daily diversions. 4. Accounting reports must be submitted electronically to the division engineer at DivlAccountinoastate.co.us within 30 days of the end of the month for which the accounting is being submitted. 5. Please use the following naming convention for all files submitted pursuant to item 4: "PlanName_Month_Year_Version". As an example, the initial submission for the XYZ augmentation plan for July 2004 would be named "XYZ July 2004 vl.xls". If this accounting is then amended, the amended file submitted would be named "XYZ July 2004 v2.xls", etc. Please put the name of the file in the subject line of the email. 6. All diversion information for both wells and recharge structures must be reported using the WDID for the structure, at a minimum. Other information such as well name, permit number, etc. can also be included based on the reporter's preference as a cross check to the WDID All wells must be either decreed by the Water Court or permitted by the Division of Water Resources. Unregistered wells for which there is no decree cannot, in the opinion of the Division Engineer, be effectively administered because of the need to know the location, allowable diversion rate and use of the well; information that is only available from the decree or permitting process. 7. The accounting should have a single "Contact Information" sheet that shows the contact information for each well. This sheet should also contain the contact information of the person responsible for submitting the accounting. 8. The accounting should have a single table showing "Past Pumping Depletions" expected due to previous operations of all the wells covered by the plan, itemized by well. Augmentation Plan Accounting Protocol - Revised January 9, 2006 9. All well diversions should be input into a single "Pumping Information" worksheet. The sheet should show the volume diverted from each well and the amount of that diversion made as an APOD on a daily basis. The resulting non- APOD diversion volume in the "Pumping Information"worksheet should be the source of pumping information for all other worksheets that use that data such as the depletion modeling input table, any summary of operations sheet, etc. The "Pumping Information"worksheet is the ONLY place new well diversion data is input into the accounting. 10. All "Recharge Information" input data should be entered on a single worksheet and broken down to show the resulting credit to each well. 11. A single "Reservoir Releases" sheet should show the releases made and the credit attributable to each well. Data such as transit losses, reservoir share yield, etc. should be shown for the current month. The accounting must be able to adjust factors such as share yield and transit loss on a month-by-month basis and must not simply rely on the initial beginning of season yield estimate, etc. 12. If there are other categories of replacement water used in the plan such as "Fully Consumable Effluent", "Changed Irrigation Right Credits" "Ditch Bypass Credits", "Augmentation Wells", etc., each of these categories should have a single data input sheet that breaks the information down to show the credit due each well as a result of the subject replacement water. (In the specific case of the augmentation wells, the input volume would simply reference the "Pumping Information"sheet, which is to be the sole source of well diversion data.) 13.A "Summary Information" sheet should show the depletions, associated credits and net impact on the river of each well for the subject month. Wells with depletions that impact the same location of the river may be grouped with accounting submitted for the entire group. For instance, accounting may be submitted on a farm by farm basis, etc., with the provision discussed above regarding alternate points of diversion wells. 14.The accounting should contain any other sheet necessary to show how the input data are used to determine the depletions and recharge credits for each well, such as AWAS/SDF program input table and output table, etc. Augmentation Plan Accounting Protocol - Revised January 9, 2006 ASPHALT SPECIALTIES CO . 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 February 16, 2006 Weld County Planning Department GREELEY OFFICE Mr. Kim Ogle, Planning Manager FEB 17 2006 Weld County Dept. Of Planning Services 918 10th St. RECEIVED Greeley, CO 80631 RE: Completion Items for Plat Recordation and Copies of Memos/Plans for Nelson Mining Resource, USR-1529 Dear Kim: Please see enclosed. As part of completion and explanation of certain conditions contained in the Department's list of requirements for this USR Resolution, I am enclosing a completed memo that addresses those requirements. These conditions are contained in your comments for this USR as presented at the October 18, 2005 hearing before the Weld County Planning Commission and that will be heard March 1,2006 before the Weld County Board of County Commissioners. I am also including copies of memos and plans, as required, that have been sent to both Mountain View Fire Protection District and to the Weld County Department of Environmental Health Services ("County Health'). Please note the completion of these items to the case file for this application. They have been noted on my end. Please contact me as soon as possible if you feel that there is anything missing or that needs further explanation at this point in time. Other conditions of the approval have yet to be met, as those have to be completed after the BCC hearing on March 1, 2006. Thanks for your attention to these matters. Sincerely, Rob Laird, Land Manager enclosures cc: file Pzi7.5 • ASPHALT SPECIALTIES CO . 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 ASPHALT SPECIALTIES CO. MEMO TO: Weld County Dept. of Planning Services Ogle, Planning Manager) FROM: Rob Laird, ASCI Land Manager DATE: 2-16-06 RE: Nelson Mining Resource (Weld County USR-1529) Completion Items for Plat Recordation (2°° Memo) CC: File Kim Ogle: This memo is the second memo being submitted to show completion and explanation of certain conditions contained in the Department's list of requirements as part of the approval process for this USR as presented at the October 18, 2005 hearing before the Weld County Planning Commission and that will be heard March 1,2006 before the Weld County Board of County Commissioners. The first memo was sent to you on February 9, 2006 with, among other items, copies of the discharge permit application and the site APEN for fugitive dust sent both to state health agencies. Also being sent with this memo are copies of memos sent to both the Mountain View Fire Protection District and memos/plans being sent to Weld County Health. I will address the remaining conditions in the order presented as part of the approval comments on October 18, 2006: 2.A. Nos. 1-9. The Final Plat sheets are being prepared at this time in preparation for final recording after the BCC hearing on March 1, 2006. They will incorporate all of the completion items stated in Nos.1-9. No. 10. See Mountain View Fire Protection District memo contained herein. No fuel tanks are to be located on this site at this time. When tanks are located on this site, a 100 ft. "no build" zone around the tanks will be shown. The tanks will remain at the mining site only so long as the site is active. Upon final reclamation of the site, the tanks will be removed. No. 11. The components of the Landscape and Screening Plan are not known at this time. Peter Wayland of Weiland, Inc. will be contacting you about this. If a screening berm is going to be required, it is anticipated that this would be built along a short stretch of County Rd. 26 at the southern boundary of the property. Please contact either Peter or myself at this time if you want us to locate a landscaped berm on the Plat sheet. No. 12. There will be no type of"permanent" or even temporary (6 months, etc.) lighting installed at this site. Operational hours are required to be daylight only and so there is no need for lighting. All lighting required for maintenance after-hours will be portable and/or contained on the maintenance trucks. No Site Lighting Plan is required. E. See copy of County Health Waste-Handling Plan contained herein. F. See copy of County Health(2-15-06) memo contained herein addressing a"vehicle washing area". G. See No. 12, above. H. See No. 11, above. I. See Mountain View Fire Protection District memo contained herein. J. The "Long-Term Road Maintenance Agreement" with the Weld County Public Works Dept. has been agreed-upon, signed by Dan Hunt (President of Asphalt Specialties) and two originals are in the possession of Don Carroll at Public Works waiting for signature from the Chair of the BCC upon approval of the Resolution for this application. K. The "Improvements Agreement" is being worked on at this time, but cannot be completed until the components of the Landscape Plan (See No. 11) are known. The entire property is already fenced and the only improvement to the fencing that will be required will be the installation of a high-security gate at the entrance. All interior road improvements will also be noted in the Improvements Agreement, as well as water and sewage. All telephone/communication requirements are handled with wireless capabilities. L. The Flood Hazard Development Permit is being worked on at this time between Peter Wayland of Weiland, Inc. and the Public Works Dept. This permit should be completed in March 2006. 3.A. See copy of County Health (2-15-06) memo contained herein addressing a separate construction stormwater permit. B. See copy of County Health (2-15-06) memo contained herein addressing an individual sewage disposal system. C. See copy of County Health (2-15-06) memo contained herein addressing the design of an individual sewage disposal system. D. A copy of the Division of Minerals and Geology approval letter granting the permit for mining of this site was faxed to you previously and is on record. This state approval was required to be completed prior to you scheduling a BCC hearing for this application. E. Areas required to be graveled on the access road from the scalehouse to the gravel plant have been identified on the maps and are described in the Dust Abatement Plan to County Health (contained herein) and on the site APEN submitted to CDOPHE. F. A copy of the State Engineer's approval letter granting the augmentation plan for mining of this site was faxed to you previously and was mailed to you on 2-9-06 and is on record. This state approval was required to be completed prior to you scheduling a BCC hearing for this application. 4. The Final Plat will be ready and submitted for recordation prior to any mining activities and the issuance of any building or electrical permits. 5. The Final Plat will be recorded within 60 days of the resolution being signed by the Chair of the BCC or a continuance charge will be added for each additional 3- month period the Plat is not recorded. Please contact me as soon as possible if any of these commitments and explanations to the conditions presented in your comments of October 18, 2005 are incorrect or incomplete, ASPHALT SPECIALTIES CO . n,-A) 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 Ft‘: G- • \Ler coo ASPHALT SPECIALTIES CO. MEMO TO: Mountain View Fire Protection District uAnn Penfold, Fire Marshall) FROM: Rob Laird,ASCI Land Manager DATE: 2-14-06 °7l RE: Nelson Mining Resource (Weld County USR-1529) Fire Protection Requirements for Mine Site CC: File, WeldCo Dept. of Planning Services LuAnn: This memo will serve as notification to you and the Mountain View District (the "District") of the commitments that will be adhered to by Asphalt Specialties Co., Inc. (ASCI) with regard to fire protection at our Nelson Mining Resource site of which you made comment to Kim Ogle of the Weld County Planning Dept. by letter dated September 12, 2005. Per that letter, in response to the referral sent to you for this application, ASCI commits to the following: • Prior to operation of the site, an address will be obtained for the property and will be posted at the entrance to the site on Weld County Rd. 26. The address numbers will be clearly legible and will located on a metal sign opposite the other required signs at the property (MSI-IA permit number and warning, state mining permit number, etc.). Only the name of the operation and the address will be located on the "address" sign. • MI fire apparatus roads (interior access and haul roads) on the site will be located within 150 ft. of all portions of buildings and facilities and will be a minimum of 20 ft. in width and will be able to support loads of 75,000 pounds in all weather conditions. Attached to this memo is a large-scale site map showing the entrance to the site, location of the scale house-office, and interior access road (Figure 1). The entrance will be paved and the interior access road will be graveled and maintained for year-round all-weather use. • There will be no onsite fuel tanks at this site at this time. All fueling will be provided by mobile, ASCI fueling and maintenance trucks on a daily basis. Fuel tanks will probably be located on the site in the near future, in lined and diked containment areas. At the time of tank installation, we will notify the District of the installation and will provide a location map, gallons stored onsite and construction details as required in the letter to Kim Ogle of September 12, 2005. • Figure 2 (located behind Figure 1) shows the details of the water system for the gravel plant and, if constructed, the concrete batch plant. This figure is being provided to show that there is a significant quantity of water that will be available onsite in case fire fighting is required. • Prior to operations commencing at this site, we will notify the District that an onsite inspection of the facilities is ready to be performed. I am copying Kim Ogle on this memo and consider that the commitments contained herein are complete and address all your requirements in the letter dated September 12, 2005 to Kim. Please contact me as soon as possible if there are any further issues that need to be addressed at this site. We are looking to start this operation in May 2006. Thank you for your attention to this matter. K m m z FFoM N O /' Y v al r yO Z Q kf$P $ G w za o u . :Fgellktalrll." 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J!r'y— Tr-I 1 � .rr 1 r'•r - _I:if; ../Y r' ,rjr_rr LE E •I8 0 ' Z••_ 1 IJ r- frg W Qd SD 1 I illz la 'y ~ Z W U a w e . _._ 1 I s it T=° . . . .= .. - _ . -4, -. a„�. . u; , m I _ n i 10 11 •4 I Y I F O 3 #�I Epp ii 6 1O II: I �; j i • _ I: i i _ 1 i3 i ,, !I I I1 f i ASPHALT SPECIALTIES CO . 10100 Dallas St. • Henderson, CO 80640 • (303) 289-85 February 15, 2006 Ms. Char Davis, Supervisor Environmental Health Services Weld County Dept. of Public Health and Environment 1555 N. 17th Ave. Greeley, Colorado 80631 RE: Memorandums for Compliance with Weld County Environmental Health Services Conditions for Operation of Nelson Mining Resource, USR-1529 Dear Ms. Davis: This cover letter will serve as notification to you and the Weld County Environmental Health Services ("County Health") of the commitments that will be adhered to by Asphalt Specialties Co., Inc. (ASCI) with regard to health requirements at our Nelson Mining Resource site of which you made comment to Kim Ogle of the Weld County Planning Dept. by letter dated September 28, 2005. Separate memos are being submitted covering a dust abatement plan, a waste-handling plan and an overall memo detailing other commitments per your letter. The dust abatement plan does not address the operation of the proposed concrete plant site, as we are not going to be installing a concrete plant at the Nelson site at this time. Perhaps in a year or two, but that is unknown as of now. When we decide to install a plant at the Nelson location, I will copy you on the concrete plant A.P.E.N. that will detail fugitive dust controls. This USR has not been heard by the Weld County Commissioners as of this date. It will be heard on March 1, 2006 and we expect full approval of the operation. This application was approved as a "consent item" by the Planning Commission in October 2005. If for some reason this application is not approved by the BCC, then I have gone to a lot of work and you can throw all this out! If you have questions or concerns, do not hesitate to contact me and I can provide further information or explanation. Thanks for your attention to this matter. Sincerely, Rob Laird, Land Manager cc: file,Kim o3le ASPHALT SPECIALTIES CO . 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 ASPHALT SPECIALTIES CO. MEMO TO: Weld County Dept. of Public Health and Environment, Environmental Health Services (Char Davis, Supervisor) FROM: Rob Laird,ASCI Land Manager DATE: 1-27-06 T� RE: Nelson Mining Resource (Weld County USR-1529) County Waste-Handling Plan for Mine Site CC: File,WeldCo Dept. of Planning Services Char Davis: This memo will serve as notification to you and the Weld County Environmental Health Services ("County Health") of the waste-handling plan that will be adhered to by Asphalt Specialties Co., Inc. (ASCI) with regard to waste removal at our Nelson Mining Resource site of which you made comment to Kim Ogle of the Weld County Planning Dept. by letter dated September 28, 2005. This plan specifically addresses comment No. 5. As part of it's operating procedures at the referenced gravel mining and processing site in Weld County, ASCI is committed to handling waste produced at this site in the following manner, as it does at all other ASCI operations: The only waste that will be generated at this site is that produced by human activities of a general nature. This amounts to "human trash" (packaging, cardboard, wrappers, empty grease cartridges, etc) generated by onsite personnel and truck drivers. MI trash will be disposed of in a 2 cubic yard dumpster near the scalehouse/office. This dumpster will be emptied weekly by Waste Management of Colorado, Inc. and will be transported offsite to the following landfill/facility location: Waste Management of Denver-Denver North 7780 E. 96th Ave. Henderson, CO 80640 (303) 797-1600 Any onsite maintenance of heavy equipment is performed by either ASCI or equipment company mobile maintenance trucks. If oil, transmission or hydraulic fluid changes are to occur, drip pans are located under the equipment and all fluids are removed from onsite to the main ASCI shop in Henderson for recycling. No maintenance shop will be located on this site and so there will be no "scrap iron" materials to be removed. ASPHALT SPECIALTIES CO . 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 ASPHALT SPECIALTIES CO. MEMO TO: Weld County Dept. of Public Health and Environment, Environmental Health Services (Char Davis, Supervisor) FROM: Rob Laird, ASCI Land Manager2S. DATE: 1-27-06 '' RE: Nelson Mining Resource (Weld County USR-1529) County Health Dust Abatement Plan for Mine Site CC: File,WeldCo Dept. of Planning Services Char Davis: This memo will serve as notification to you and the Weld County Environmental Health Services ("County Health") of the dust abatement plan that will be adhered to by Asphalt Specialties Co., Inc. (ASCI) with regard to dust control at our Nelson Mining Resource site of which you made comment to Kim Ogle of the Weld County Planning Dept. by letter dated September 28, 2005. This plan specifically addresses comment No. 2. As part of it's operating procedures at the referenced gravel mining and processing site in Weld County, ASCI is committed to controlling fugitive dust on the access road, haul roads, mining area, gravel plant and stockpiles and overburden stockpiles using the following means: Access Road: The access road off of Weld County Rd 26 will have a paved entrance apron to preclude tracking of mud onto the county road by outgoing trucks and will be paved back to the scalehouse/office. The remainder of the access road north to the gravel plant will be graveled and with a slightly raised roadbed to aid in maintaining the structural integrity of the road. Water spraying to reduce dust during the dry months will be utilized with an onsite, dedicated water truck for that purpose. If extreme dusty conditions are likely to occur (usually in the Spring), the chemical stabilizer magnesium chloride may be used to "congeal" the roadbed, essentially eliminating dusty conditions. A posted speed limit of 10 mph will be required on the access road and speed bumps will be installed to ensure compliance. Haul Roads (mining area to gravel plant): Haul roads generally will be moist due to the fact that the deposit to be mined will be done so with the "dry mining" method and 100% of operations (other than the initial "cut" to get below grade) will occur below grade and below the natural alluvial groundwater level. This means moist roadbeds. Should dusty conditions occur on these roads, the water truck will be utilized as on the access road. This would most likely occur close to where the haul trucks will dump their loads as that location would be at grade close to the gravel plant. Mining Area: As with the onsite haul roads, 100% of the sand and gravel mining at this site (other than the initial "cut" to get below grade)will occur below grade and below the natural alluvial groundwater level. This means wet to moist "pit-nut" sand and gravel will be mined. There is no dust produced from these areas. Gravel Plant and Stockpiles: All pit-run, mined material processed through this gravel plant will be washed and screened as the very first part of the production process. This means that all products produced from the plant and stockpiled will be cleaned of fines and silt. Therefore, the only product that can be blown in high winds will be sand, and sand will not travel far, only perhaps 30 ft. from the stockpile. All stockpiled aggregates will be moist and with constant production, the more wet material is constantly stockpiled on top of the drier material. Stockpiles are required to have drainage channels around them to remove water. In very extreme windy conditions, the plant will shut down production. Truck roadways around the stockpiles are usually also moist, but should dry dusty conditions occur, these roadways would also be water sprayed. Overburden Stockpiles: There will only initially be one overburden stockpile located to the east of the gravel plant area. This stockpile will consist of 60,000 cubic yards and will not remain for longer than one year, as it will be used for backfilling the side slopes of the initial mining area of the pit. From then on, all overburden will be placed back into the mined-out pit slopes and will not be stockpiled. No dust control requirements are being proposed for this material. Landscape Benn: If a landscaped berm is required for this operation fronting Weld County Rd 26 as part of a landscape plan, it will be vegetated immediately upon construction so that no dust control problems are encountered. Please also see the site A.P.E.N. on file with the Weld County Planning Dept. and the CDOPHE. ASPHALT SPECIALTIES CO . 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 ASPHALT SPECIALTIES CO. MEMO TO: Weld County Dept. of Public Health and Environment, Environmental Health Services (Char Davis, Supervisor) FROM: Rob Laird, Land Manage• DATE: 2-15-06 RE: Nelson Mining Resource (Weld County USR-1529) County Health Requirements for Mine Site CC: File, Dept. of Planning Services Char Davis: This memo will serve as notification to you and the Weld County Environmental Health Services ("County Health") of the commitments that will be adhered to by Asphalt Specialties Co., Inc. (ASCI) with regard to health requirements at our Nelson Mining Resource site of which you made comment to Kim Ogle of the Weld County Planning Dept. by letter dated September 28, 2005. Separate memos are being submitted covering a dust abatement plan and a waste- handling plan. Per the letter referred to in the previous paragraph, ASCI commits to the following in the order presented in the letter: Requirements Prior to Recording the Plat: 1. Per the requirements set forth in the Conditions of Approval for this application, a copy of the only air permit for equipment and a copy of the site A.P.E.N has been submitted to the Planning Dept. A copy of the memo transmitting this information is attached. 2. The dust abatement plan is being submitted as a separate memo. 3. Discharge permit: see 1., above. 4. Water supply: you were faxed a letter from the local water district for this site on 9-28-05 stating that water service is available for the operation. A copy of that letter is also attached and satisfies the requirements for recording the plat. When ASCI sets up the scalehouse/office facility, potable water will be provided for drinking and sanitary purposes. ASCI will copy County Health on the installation approvals and construction when it is completed. 5. The waste-handling plan is being submitted as a separate memo. Requirements as Conditions to be met One Month Prior to Construction: 1. Construction of the gravel plant and scalehouse/office are part of the overall CPDES discharge permit and stormwater plan and is accounted for. A separate construction stormwater permit is not required. Requirements as Conditions to be met Prior to Issuance of Certificate of Occupancy: 2. An individual sewage disposal system will be constructed and operable as required under County Health Disposal Regulations. 3. The sewage disposal system will be designed/approved by a Colorado registered P.E. as required under County Health Disposal Regulations. Requirements as Conditions to be met as Development Standards: Recommended requirements 1. through 14. have been placed as Development Standards by the Planning Dept. as conditions of approval for this Use by Special Review and for the Final Plat and are agreed to by ASCI. As a separate requirement as a condition of approval for this Use by Special Review by the Planning Dept. (Condition F), ASCI will submit evidence to County Health that any vehicle washing area will be designed and constructed to capture all effluent and prevent any discharges from drum washing and the washing of vehicles. At this time, there are no plans to install a concrete plant at this site. As with all semi-permanent concrete plants that ASCI operates,the washout tanks(large concrete structures)for drum washing of the mixer trucks will be designed and constructed to capture all effluent. Vehicle washing of mixer trucks does occur at our operations, but the wash water is contained by gravity drainage to the drum washout tanks. If and when a concrete plant is installed at this site, a copy of the "as built" plans for the washout tanks will be forwarded to County Health. ASPHALT SPECIALTIES CO . 10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707 ASPHALT SPECIALTIES CO. MEMO TO: Kim Ogle, Planning Manager,Weld Coun Planning FROM: Rob Laird,ASCI Land Manager DATE: 2-9-06 RE: Submittal of Partial Required Documentation for Nelson Mining Resource, USR-1529 CC: File Kim: Please see enclosed and file in with the case file for this USR. Please note the following documents contained within this transmittal and pursuant to the following requirements prior to recording the plat for this Use by Special Review: 1. B. Original, notarized agreement between Asphalt Specialties and the Last Chance Ditch Co. allowing mining within 200 ft. of their ditch. 1. B. Complete clean copy of the approved augmentation plan for the mining of this site 2. B. Site A.P.E.N. and copy of the only air permit (and recently submitted ADEN to update the permit) for the gravel plant equipment that will be located on the site. The only current permit is for a portable crusher to be located on the site in May 2006. 2. D. Copy of the CPDES application for a discharge permit for this operation. This permit will be granted and I thought it best to get you a copy of the application for the file. AGREEMENT TO MINE WITHIN 200 FT OF A PERMANENT MAN-MADE STRUCTURE THIS AGREEMENT dated effectively October 5, 2005 is made between Asphalt Specialties Company, Inc., 10100 Dallas St.,Henderson CO 80538,herein called"ASCI"and the Last Chance Ditch Company herein called"Last Chance"hereinafter referred to as the"Parties"to this agreement. WHEREAS,ASCI represents that they are the gravel permit Operator for the Nelson Mining Resource proposed to occur on described lands in un-incorporated Weld County, Colorado to wit: E1/2 of the SE1/4, Sec. 31,T3N, R67W, 6th PM WHEREAS,Last Chance owns the irrigation ditch and water rights within the canal immediately to the southeast of the proposed gravel pit as shown on the attached and referenced Exhibit"A"to this agreement. WHEREAS,ASCI wishes to mine sand and gravel on said property utilizing dry mining techniques. NOW THEREFORE, 1. Last Chance agrees to allow ASCI to mine within approximately 75 ft of the canal as a temporary condition and ASCI will backfill a total of approximately 100 ft of the 75 ft. mined to approximate historic grade and from that point inward to the pit floor at a 3:1 slope within 1 year of mining. 2. ASCI agrees to monetarily compensate Last Chance for any damage to the canal that would be caused by ASCI's mining activities. IN WITNESS WHEREOF,the Parties have executed this agreement on the date set forth above: ,ccliv'Jr r C.t 41 Robert Nelson Daniel W.Hunt President President Last Chance Ditch Company Asphalt Specialties Co.,Inc. STATE OF COLORADO ) . Y PVss. COUNTY OF ado, ) DNDA J.! LSON The foregoing instrument was acknowledged before me this5f day of yzo, 2005,by.% Witness my hand and official seal CO- My Commission expires:4,-7—d Notary Pub t STATE OF COLORADO OFFICE OF THE STATE ENGINEER oe coiG Division of Water Resources Department of Natural Resources y� 1313 Sherman Street, Room 818 Denver,Colorado 80203 t re76"• Phone(303)866-3581 January 19, 2006 FAX(303)866-3589 Bill Owens www.water.state.co.us Governor Russell George Peter Wayland Executive Director Weiland, Inc. Hal D.Simpson,P.E. 525 3rd Avenue, Suite 211 State Engineer Longmont, CO 80501 Re: Nelson Mining Resource Gravel Pit, Substitute Water Supply Plan DMG File No. M-05-059 Section 31, T3N, R67W of the 6th P.M. Water Division 1, Water District 5 Approval Period: January 1, 2006 through December 31, 2007 Dear Mr. Wayland: This letter is in response to your application of October 20, 2005 requesting approval of a substitute water supply plan ("SWSP") for a sand and gravel pit owned and operated by Asphalt Specialties Company, Inc. The Applicant shall be responsible for compliance with this plan. The required fee of $1,343 for the substitute water supply plan has been submitted (receipt no. 545112). Plan Operation This plan seeks to replace depletions resulting from mining at the Nelson Mining Resources Gravel Pit ("Nelson Pit"). The project proposes to dewater the pit and pump that water into to the unlined Varra Companies Pit No. 1 (M-74-052) located to the north of the Nelson Pit. Depletions from evaporation at the Varra Companies Pit No. 1 ("Varra Pit") are augmented pursuant to a pre-1989 augmentation agreement with the St. Vrain & Left hand Water Conservancy District. According to the plan, the Varra Pit is located at the same approximate distance from St. Vrain Creek as the dewatering pump. Therefore, the water will recharge hack to the stream in the same approximate timing as the depletions from dewatering. The reclamation plan for the Nelson Pit is to place a compacted clay liner around the interior of the mine slopes for the purpose of preventing groundwater seepage from entering the pit. The applicant has bonded for lining of the pit through the Division of Minerals and Geology. Depletions This plan describes the proposed water uses at the previously un-mined Nelson Mining Resource Gravel Pit during the first two years of this operation. The proposed plan anticipates a maximum annual net depletion of 15.02 acre-feet for up to 1.19 acres of exposed groundwater surface (0.34 acres of dewatering trench and 0.85 acres of wash pond) during the approval period. Since this is a new mining operation, no groundwater was exposed at this site Peter Wayland January 19, 2006 Page 2 prior to January 1, 1981. Depletions from the mining of this proposed operation will accrue to St. Vrain Creek. You have provided a monthly breakdown of the maximum year annual depletions totaling 2.89 acre-feet of evaporative loss from a maximum of 1.19 acres of groundwater exposed after January 1, 1981, 1.2 acre-feet of water used and consumed for dust control, and 10.92 acre-feet of water lost with 371,000 tons of mined product. The mining operation is located greater than 100 feet from St. Vrain Creek. As a result, a stream depletion analysis using Glover techniques has been performed as a means to assess the lagged depletions to St. Vrain Creek resulting from the proposed operation of the Nelson Mining Resource Gravel Pit. The schedule for replacement of depletions takes into full account all annual depletions accounting for the lagged effect over 10 years and normalized according those monthly percentages. As a result, full replacement of depletions to St. Vrain Creek are made on a monthly basis. Replacements The proposed source of replacement for this pit is fully consumable wastewater treatment plant effluent or reservoir releases from a lease with the City of Longmont. The City of Longmont wastewater treatment plant is located approximately 10.5 miles upstream of this new mining operation. A 0.25 percent per mile transit loss (2.625 percent overall loss) has been accounted for in the replacements. The monthly depletions and replacement requirements are found on the attached table. Conditions of Approval As required by Section 8 of Senate Bill 89-120, this substitute water supply plan has been provided to an outside consultant for review. The consultant has recommended approval of the plan by way of a draft of this letter. Based upon statutory requirements and the recommendations of the consultant, I hereby approve the proposed substitute water supply plan in accordance with Section §37-90-137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of January 1, 2006 through December 31, 2007, unless otherwise revoked, modified, or superceded by decree. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee by November 1, 2007. 2. The losses associated with this mining operation must not exceed a total of 15.02 acre- feet annually for the duration of this plan approval. These losses include 2.89 acre-feet of evaporation from the proposed exposure of up to 1.19 acres of groundwater, 1.2 acre- feet of water used for dust suppression and 10.92 acre-feet of water lost in 371,000 tons of mined aggregate. Should the losses associated with the mining operation exceed 15.02 acre-feet annually, prior to the expiration date of this plan, an amendment will need to be filed with this office. 3. A copy of the lease with the City of Longmont must be submitted to the State Engineer's Office prior to commencing mining at the site. Peter Wayland January 19, 2006 Page 3 4. According to the plan the water pumped to dewater the site will be pumped to the Varra Companies Pit No. 1 pit (Varra Pit) located to the north of the property. Water pumped into the lakes shall not increase the surface area of the ponds beyond the area covered under the augmentation agreement with the St. Vrain & Left hand Water Conservancy District. If at any time it is determined that all evaporative depletions at the Varra Pit are not being replaced, the dewatered water must be pumped directly back to the stream. (Note that pumping the dewatering water back to the stream will create an obligation to replace delayed depletions that result from dewatering.) 5. All pumping for dust control shall be measured in a manner acceptable to the division engineer. 6. The approval of this substitute water supply plan does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 7. The Water Commissioner responsible for the administration of this plan is Mr. Scott Edgar, 1735 Dolores River Drive Windsor, CO 80550, phone 970-686-0628. The applicant shall maintain daily records of all diversions, replacements, and the amount of water used for each particular purpose. The applicant shall provide a report of these records to the division engineer and the water commissioner on a monthly basis on a form approved by them. The accounting must be submitted within 30 calendar days of the end of the month for which the accounting is being made. In addition, the applicant shall submit a report from each entity making replacements using fully consumable effluent; for this plan, that entity is the City of Longmont. The report shall include an accounting of all wastewater plant water effluent controlled by each entity, showing the total volume of water under its control at the various wastewater treatment plants, and the amount committed to each of the recipients of the water. 8. Replacement water released from fully consumable sources identified above must be decreed for augmentation use. 9. Applicant shall follow the accounting protocol as referenced in the attached document for the operation of this SWSP. 10. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. 11. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner. Peter Wayland January 19, 2006 Page 4 12. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 13. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 14. In accordance with amendments to Section §25-8-202-(7), C.R.S. and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 15. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Should you have any questions, please contact Joanna Williams of this office or Mr. Dave Nettles of our Division office in Greeley at (970)352-0742. Sincerely, .mil^ lc J Wolfe, P.E. Assistant State Engineer Attachments: Monthly Replacement Schedule and Accounting Protocol KGRIJMW cc: Dave Nettles, Assistant Division Engineer Scott Edgar, Water Commissioner District 5 Gary Witt, Wright Water Engineers, Inc. Division of Minerals and Geology MONTHLY REPLACEMENT SCHEDULE WORKSHEET Nelson Mining Resource M-2005-059 Distance from Replacement Source [miles]: 10.5 Year 1-3 (1) (2) (3) Total Depletion Transit Loss Total Replacement Month [acre-ft] [acre-ft] [acre-ft] January 0.95 0.02 0.97 February 0.87 0.02 0.89 March 0.92 0.02 0.94 April 1.07 0.03 1.10 May 1.17 0.03 1.20 June 1.35 0.04 1.39 July 1.59 0.04 1.63 August 1.68 0.04 1.73 September 1.60 0.04 1.64 October 1.40 0.04 1.44 November 1.29 0.03 1.33 December 1.14 0.03 t17 Totals 15.02 0.39 15.41 Notes: (1)=Total Depletion for Year 1-3 from Table Al.5 Column (3)of SW SP (2)={Column (1)}X(10.5 miles X 0.25% per mile} (3) =Column(1)+ Column (2) AUGMENTATION PLAN ACCOUNTING PROTOCOL Division of Water Resources Division One — Greeley This document addresses the accounting information and format that should be followed for water court approved augmentation plans. Decreed augmentation plan requirements take precedence in the event of a conflict between the requirements in the decree and this protocol. 1. The accounting must be done using software such as Excel or Access, preferably Excel. During the initial review of the accounting and/or when requested, the applicant will be required to submit the actual Excel file used to perform the accounting so that data relationships and formulas can be confirmed. 2. Accounting for wells that are decreed as alternate points of diversion to a surface water right must be done on a daily basis in order to substantiate when the well is in or out of priority. For the purposes of augmentation plan accounting only, the daily in priority alternate point well diversions may simply be shown as zero. The remaining out of priority daily diversions should then be used to determine the delayed depletions associated with the well operation. 3. Accounting for wells that are not alternate points of diversion to a surface water right may be done on either a daily or monthly basis. If the monthly basis is used, the volume of water diverted for the entire month should be prorated to the number of days in the month and shown as equal daily diversions. 4. Accounting reports must be submitted electronically to the division engineer at Div1Accountingstate.co.us within 30 days of the end of the month for which the accounting is being submitted. 5. Please use the following naming convention for all files submitted pursuant to item 4: "PlanName_Month_Year_Version". As an example, the initial submission for the XYZ augmentation plan for July 2004 would be named "XYZ July 2004 v1.xls". If this accounting is then amended, the amended file submitted would be named "XYZ July 2004 v2.xls", etc. Please put the name of the file in the subject line of the email. 6. All diversion information for both wells and recharge structures must be reported using the WDID for the structure, at a minimum. Other information such as well name, permit number, etc. can also be included based on the reporter's preference as a cross check to the WDID All wells must be either decreed by the Water Court or permitted by the Division of Water Resources. Unregistered wells for which there is no decree cannot, in the opinion of the Division Engineer, be effectively administered because of the need to know the location, allowable diversion rate and use of the well; information that is only available from the decree or permitting process. 7. The accounting should have a single "Contact Information" sheet that shows the contact information for each well. This sheet should also contain the contact information of the person responsible for submitting the accounting. 8. The accounting should have a single table showing "Past Pumping Depletions" expected due to previous operations of all the wells covered by the plan, itemized by well. Augmentation Plan Accounting Protocol - Revised January 9, 2006 9. All well diversions should be input into a single "Pumping Information" worksheet. The sheet should show the volume diverted from each well and the amount of that diversion made as an APOD on a daily basis. The resulting non- APOD diversion volume in the "Pumping Information"worksheet should be the source of pumping information for all other worksheets that use that data such as the depletion modeling input table, any summary of operations sheet, etc. The "Pumping Information"worksheet is the ONLY place new well diversion data is input into the accounting. 10. All "Recharge Information" input data should be entered on a single worksheet and broken down to show the resulting credit to each well. 11. A single "Reservoir Releases" sheet should show the releases made and the credit attributable to each well. Data such as transit losses, reservoir share yield, etc. should be shown for the current month. The accounting must be able to adjust factors such as share yield and transit loss on a month-by-month basis and must not simply rely on the initial beginning of season yield estimate, etc. 12. If there are other categories of replacement water used in the plan such as "Fully Consumable Effluent", "Changed Irrigation Right Credits" "Ditch Bypass Credits", "Augmentation Wells", etc., each of these categories should have a single data input sheet that breaks the information down to show the credit due each well as a result of the subject replacement water. (In the specific case of the augmentation wells, the input volume would simply reference the "Pumping Information"sheet, which is to be the sole source of well diversion data.) 13. A "Summary Information" sheet should show the depletions, associated credits and net impact on the river of each well for the subject month. Wells with depletions that impact the same location of the river may be grouped with accounting submitted for the entire group. For instance, accounting may be submitted on a farm by farm basis, etc., with the provision discussed above regarding alternate points of diversion wells. 14. The accounting should contain any other sheet necessary to show how the input data are used to determine the depletions and recharge credits for each well, such as AWAS/SDF program input table and output table, etc. Augmentation Plan Accounting Protocol - Revised January 9, 2006 STATE OF COLORADO or cod COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AS AIR POLLUTION CONTROL DIVISION * ,, `9 ', TELEPHONE: (303) 692-3150 *1876* CONSTRUCTION PERMIT PERMIT NO: 00PO0328 FINAL APPROVAL DATE ISSUED: JULY 16, 2002 ISSUED TO: Asphalt Specialties Company Inc. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Portable aggregate crusher, initially located at the Kenosha Ponds Sand & Gravel Mine in Sections 1 &12,T1 N, R69W,Boulder County;home-based at 7321 E 88th Ave.,Henderson, Adams County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: One(1)Nordberg HP-200SX cone crusher,SN:3030-283,design rated at 200 tons per hour. Particulate matter shall be controlled with water spray bars. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S.(25.7-101 et sea),TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30%opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II A.1.&4.) 2. The permit number shall be marked on the subject equipment for ease of identification.(Reference: Reg. 3, Part B, IV.E.) (State only enforceable) 3. Emissions of point-source air pollutants shall not exceed the following limitations(as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, III.A.4) Particulate Matter: 0.1 tons per year PM10 (Particulate Matter<10 m)' 0.1 tons per year. 777/1591/001 Z c u a v>g8 to N el Up Re - PAO H 'm of cn ` CC O'nv r. i 2`vi Q � y a I km c h a G . ,3e o H g-R a m tzxl �y•' W a = r u a � c y 0. n 6 V < p' v xv8.v E QoQ O ? CC Vi 0 c E t•" ' coo co, K F W Be -'� y v O ,�y o e H kJ U o �� U U Fo v �. 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U GG-.1.a7.`d c 3 rn 0.v' v n v z a a,e, '-.4 �t.1 � � �Wp'va] m G KiS CJ 4 ,740 h ° A4 H AZ aa � Z > UUaac to FC x ,• "vi Colorado Department of Public Health and Environment Air Pollution Control Division Page 1 of 6 - MINING OPERATIONS - Air Pollutant Emission Notice (APEN) — and—Application for Construction Permit - and—Fugitive Particulate Emissions Control Plan ® New Facility ❑Transfer of Ownership * ❑ Change in Production ❑No Change,APEN Update Only All sections of this APEN and application must be completed prior to submittal to the Division for both new and existing facilities. An application with missing information may be determined incomplete and may result in longer engineer processing times. * Note: For transfer of ownership or company name change of a permit, you must also submit a Construction Permit Application form. Permit Number AIRS Number Company Name: Asphalt Specialties Co.,Inc. Pit/Mine Name: Nelson Mining Resource County: Weld NW quadrant of Weld County Road 26 and Road 15 Pit/Mine Location: just south of St. Vrain Creek Billing Address: 10100 Dallas St. Zip Code: 80640 Henderson,CO 80640 Person to Contact: Rob Laird Phone Number: 303 289-8555 E-Mail Address: rlaird@asphaltspecialties.com Fax Number: 303 289-7707 Please provide description of the activity: (Also,please provide a site map) Sand and gravel mining,processing and sales adjacent to St. Vrain Creek in Weld County If facility is NOT yet constructed: What is the projected start-up date? May 2006 Normal Operation of this Source: 10 Hours per day 6 Days per week 50 Weeks per year Seasonal Throughput(%of Annual): Dec-Feb 10 Mar-May 30 June-Aug 30 Sept-Nov 30 Estimated Maximum Annual Production: 700,000 Tons Per Year Commodity Produced: (Please be consistent with the Division of Minerals and Geology permit) Ei Aggregate/Sand and Gravel ❑ Stone 0 Coal ❑Minerals or Metals Type: ❑ Other: Revised September 2004 http://www.cdphe.state.co.us/ap/stationarv.asp Colorado Department of Public Health and Environment Air Pollution Control Division Page 2 of 6 - MINING OPERATIONS - ESTIMATED EMISSIONS Year For Which Actual Data Applies: Estimated Emissions (tons/yr)at throughputs Estimation requested Actual Emissions Method Pollutant From Data Year Controlled Uncontrolled Particulate PM-10 A. TOPSOIL REMOVAL Maximum Tons Removed Per Day: N/A Tons Removed Per Year: Proposed Controls For Topsoil Removal: 0 Moist Material ❑Water Spray ❑Other(specify) B. TOPSOIL STOCKPILE(S) Maximum Stored At One Time: N/A Tons Proposed Controls For Topsoil Stockpile: ❑Watering Times/Day o Chemical Stabilizer ❑Compacting Of Piles ❑Enclosures Type: (Complete or Partial) ❑Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ❑Other(specify) C. OVERBURDEN REMOVAL Equipment Used For Removal: Scraper or Backhoe/Haul Truck Maximum Tons Removed Per Day By Dragl:...,: 12,000 70,000(based Tons Removed Per Year By Dragline: on 9.5 ac./yr.) Number Of Scraper Hours Per Day: 20 Number Of Scraper Hours Per Year: 100 Proposed Controls For Overburden Removal: O Moist Material ❑Water Spray O Other(specify) Shut down in high wind Revised September 2004 http://www.cdphe.state.co.us/ap/stationarv.aso Colorado Department of Public Health and Environment Air Pollution Control Division Page 3 of 6 - MINING OPERATIONS - D. OVERBURDEN STOCKPILE(S) Maximum Stored At One Time 60,000 once Tons Proposed Controls For Overburden Stockpile: ❑Watering Times/Day 0 Chemical Stabilizer ®Compacting Of Piles 0 Enclosures (Complete or Partial) ❑Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ®Other(specify) OB is used as backfill ASAP in pit after mining E. DRILLING Number Of Holes Drilled Per Day: N/A Number Of Holes Drilled Per Year: Proposed Controls For Drilling: ❑Water Injection 0 Chemical Stabilizer O Bag Collectors ❑Other(specify) F. BLASTING Number Of Blasts Per Day: N/A Number Of Blasts Per Year: Type of Blasting Material Used: Tons of Blasting Material Used: Hours Of Emissions Per Day: G. RAW MATERIAL REMOVAL Maximum Tons Removed Per Day: 12,000 Tons Removed Per Year: 700,000 Drop Height: 6 Feet Specify Moisture Content: %, (if known) Proposed Controls For Raw Material Removal: 0 Moist Material ❑Water Spray ❑Other(specify) H. RAW MATERIAL STOCKPILE(S) Maximum Stored At One Time: 20,000 Proposed Controls For Raw Material Stockpile: ❑Watering Times/Day ❑Chemical Stabilizer ❑ Compacting Of Piles ❑Enclosures Type: (Complete or Partial) ❑Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ®Other(specify) Moist with little silt Revised September 2004 http://www.cdphe.state.co.us/ap/stationarv.asp Colorado Department of Public Health and Environment Air Pollution Control Division Page 4 of 6 - MINING OPERATIONS - I. PROCESSING Will processing(i.e.,crushing,screening,etc.)occur on site? Yes NOTE: ALL PROCESS EQUIPMENT REQUIRES A SEPARATE PERMIT APPLICATION AND APEN. PRIMARY CRUSHING SCREENING/CLASSIFYING Maximum tons crushed per year: 250,000 Tons Maximum tons screened per year: 700,000 Tons Maximum tons crushed per hour: 200 Tons Maximum tons screened per hour: 450 Tons Hours of crushing per day: 10 Hours of screening per day: 10 Proposed Controls: Proposed Controls: El Moist Material ®Moist Material ❑Water Spray O Water Spray ❑Enclosure Type: ❑Enclosure Type: ®Other(specif ) Crushed after washing ®Other(specif ) 700 gal./min. gravel y from wash plant y washing at initial screen SECONDARY CRUSHING RESCREENING/CLASSIFYING Maximum tons crushed per year: N/A Tons Maximum tons screened per year: N/A Tons Maximum tons crushed per hour: Tons Maximum tons screened per hour: Tons Hours of crushing per day: Hours of screening per day: Proposed Controls: Proposed Controls: ❑Moist Material ❑ Moist Material ❑Water Spray ❑Water Spray O Enclosure Type: El Enclosure Type: ❑Other(specify) ❑Other(specify) J. CONVEYORS/TRANSFER POINTS Tons Of Material Conveyed Per Year 700,000 Tons. Tons Of Material Conveyed Per Day 4,000 max Tons. Proposed Controls ❑Enclosure Type: (Complete or Partial) ®Other(specify) wet/moist washed material Number Of Transfer Points : 26 Proposed Controls ❑Enclosure Type: (Complete or Partial) O Water Spray O Chemical Stabilizer wet/moist washed 0 Other(specify) material (Indicate On A Separate Diagram How Conveyor System Is Set Up) Revised September 2004 http://www.cdphe.state.co.us/ap/stationarv.asp Colorado Department of Public Health and Environment Air Pollution Control Division Page 5 of 6 - MINING OPERATIONS - K. FINISHED PRODUCT STOCKPILE(S) Maximum Stored At One Time: 100,000 Tons Proposed Controls For Finished Product Stockpile: ❑Watering Times/Day ❑Chemical Stabilizer ❑Compacting Of Piles ❑Enclosures Type: (Complete or Partial) ❑Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ®Other(specify) wet/moist washed aggregate L. RAW MATERIAL TRANSPORT FROM REMOVAL SITE TO STOCKPILE(S) Haul road distance(one way) 900 avg. Feet Road surface silt content(if known) % Posted speed limit on haul road 20 m.p.h. ▪ Watering O Frequent(Watering Frequency of 2 or More Times Per Day) • As Needed ❑ Chemical Stabilizer O Gravelling Other: moist roadbed Vehicle Type Capacity Empty Weight No. Of Trips Per/Dav 1 18-Wheelers Tons Tons 2 10-Wheelers Tons Tons 3 4-Wheelers Tons Tons 4 6-Wheel Haul 40 Tons 36 Tons 300 max Truck M. FINISHED PRODUCT TRANSPORT (ON SITE) Amount of material for off-site transfer: 700,000 Tons per year On-site haul road distance(one way) 1,800 Feet Road surface silt content(if known) Posted speed limit on-site: 10 m.p.h. El Watering ❑ Frequent(Watering Frequency of 2 or More Times Per Day) ® As Needed ® Chemical Stabilizer Gravelling ❑ Paving Other: paved entrance to scale house. Vehicle Type Capacity Empty Weight No. Of Trips Per/Day 1 18-Wheelers 25 Tons 15 Tons 50 2 10-Wheelers 13 Tons 12 Tons 46 3 4-Wheelers Tons Tons 4 Tons Tons Revised September 2004 http://www.cdphe.state.co.us/ap/stationarv.asp Colorado Department of Public Health and Environment Air Pollution Control Division Page 6 of 6 - MINING OPERATIONS - N. SITE DISTURBANCE Total Area of Site: 73 Acres Total Disturbed Area of Site: 66 Acres Proposed Controls: Watering ❑ Frequent(Watering Frequency of 2 or More Times Per Day) ® As Needed ❑ Chemical Stabilizer ❑ Revegetation Revegetation Must Occur Within One Year Of Site Disturbance ❑ Seeding With Mulch ❑ Seeding Without Mulch ®Other(specify) constant backfill with OB Additional Sources of Emissions List any other sources of emissions and related controls(includes fugitive emissions) February 8,2006 Signature of Legally Authorized Person (not a vendor or consultant) Date Rob Laird Land Manager Name(please print) Title Check the appropriate box if you want: 0 Copy of Preliminary Analysis conducted by the Division ❑To review a draft of the permit prior to issuance (Checking any of these boxes may result in an increased fee and/or processing time) This notice is valid for five(5)years unless a significant change is made, such as an increased production,new equipment,change in fuel type,etc. A revised APEN shall be filed no less than 30 days prior to the expiration date of this APEN form. Send this form along with$119.96 to: Colorado Department of Public Health and Environment Telephone: (303)692-3150 Air Pollution Control Division APCD-SS-Bl 4300 Cherry Creek Drive South Denver,CO 80246-1530 Revised September 2004 http://www.cdphe.state.co.us/ap/stationarv.asp y' i i'- Par NowM<t —] r ..el.:,.. :. .. .j 1; r A�•. I . ( • t. f k•. r!„ ---- . ,.....,, , ... '''. . :• ', .:.1. I (W. Gowt71• ,i / •'• _ 1 `- r • %_ �. ,. yr, •:.,,, vi, j• 1d 1 1 I• +a.. • PROPOSED, PERMIT DOUIpARY" } - 1 • ifyrj` . �r: �•rdA sr1 'l- a -�, rr•w ova ,t • •.. -.�v7r•' .`_„,� .... • -_. :. a7 r _ - •9M _4 T. . :.:,...:, I. . - PROPOSED SITE ACCESS I 1 - .../.- -- -- • �. .°� .J 1 �-� '7 '� - 1. . .,., _ ll.'..r.. M..• •--- I p.,r... • / - -_. _ - �1, 1 / , .` . 1 *j • . �fethrr_E. d;3- NELSON MINING RESOURCE - FIGURE 1 E",,,,,,,r,rr..c.-7r„s,.,:9-,. .!ng 1 2,000• 525 3rd Irwrra Sub QI7 i on - m®7 SEC 31. T . 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MIS iiii -,1 1 r , rz.... illig all '101 iiY1t1� 1�� ¢1 .ii r---, r. ir,ii I II 3 i X Ili ii / IP i k� i- il z \ I I z i- �1h II li-o r II tjl _/// i I I Q �\� ` O ❑^ 5 iiI RI .a�...—f =' ._� • . — —"-- . -- .. ,.—,.—..— S Y 9 o / —.• 7 — ED i Ce i N o J t7 . 11 i wlv CC'UAJThe FOR AGENCY USE ONLY PROCESS WATER AND STORMWATER I L PERMIT NUMBER DISCHARGES ASSOCIATED WITH C O SAND AND GRAVEL PRODUCTION OPERATIONS(AND OTHER DATE RECEIVED NONMETALLIC MINERALS EXCEPT FUEL) YEAR MONTH DAY TYPE: P S Please print or type. Do not attempt to complete this form before reading the instructions. New ' or Renewal If renewal,existing permit number: CO N/A 1. Name and address of permit applicant: �y Company Name: hi�L Gfafl�L L�e e-O. ei• Federal Taxpayer(or Employer)ID#: S _ ,L I 1 14 b 9. Mailing Address: 1.C)100 {'7, Gt t 1 y Q /t CL • City,State and Zip Code: keMer50-n I LO, go(Ac) Phone Number:(.%)31 Z9! SS'5r✓" Local Contact(familiar with facility): Laird Title: LA I Kl IkY'• Phone Number:(303 1 2en- 65'55 Fax No.:( 303) 28'3-1707 Who is applying for the permit? Owner Operator 2. Name and address owner 1 of property Name: 4-th roil Mailing Address: �G"5 Weld /1 Wuf f2Ca• I 15 City, State and Zip Code: Lpn2 rintrit) extSo4 Phone Number:00? ) 771O—233(o Fax No.: ( ) Wilk 3. Location of the facility: (� 1 , - J •� arreel add'ebb. N•W• Quadrant 6C \melddCoon--1 "WOG3'5 210 and t'✓• City,State weld Zip Code: County: Veld Name of facility: Manill'i n 3izr*W lrce Legal Location(Township,Range,section, 1/4 section): T31`v1• ,'P 61 W W., C° • 31 1,15. 14i 5\� Latitude and Longitude: 40' I0r %rr N (La+) t 1✓tol G51, ZS"w' (Lon 4. Standard dard Industrial Classification(SIC)Code(s)for this facility. (Include up to four,in order of importance. See Appendix A.) a) 1.41-2-2-. b) c) d) 5. Receiving Stream:The name of the receiving stream(s). (If discharge is to a ditch or storm sewer,also include the name of the ultimate receiving waters.) St.drain Creek 6 Industrial Activity: Describe the primary industrial activities which take place on site(e.g.,sand and gravel mining,gypsum mining,sand washing, gravel crushing,stationary or mobile asphalt/concrete batch plants,etc.). Indicate the status of the facility(active,inactive,being reclaimed,etc.) sand anag ravel mining,-produckvon(tor-Ling, rrv4hin3,warihi n5) and tfcc44-piLin@ i-acili ( ret)te . in iywt-zf ion 7. Other environmental Permits: Does this facility currently have any other environmental permits,or is it subject to regulation,under either of the following programs? Permit Name Yes No Applied For,Date Permit No. a.) Colorado Division of Minerals and Geology �A (formerly MLRD) X 8-3-�5 lti t'2ct�-OS b,) Underground Injection Control c.) Dredge or fill permit under Section 404 of the Clean Water Act(CWA)(Army Corps of Engineers) d.) Resource Conservation and Recovery Act(RCRA) e.) CDPS Stormwater f.) Colorado State Air Pollution Emission Colo ntneer tzlclD g.) Other: 5ub5t'rkuEe5 y'Fran(Mc ) X M—ZooS- os9 If Xel to item 7.a), please include Colorado Division of Minerals and Geology(Mined Land Reclamation Board)permit anniversary date: t4overnber 2.9 4 8. Stormwater vs.Process Water Do you discharge any of the following process generated wastewaters from your facility,to state waters? ICJ Non Yes Product wash waters Non Yes Maintenance/equipment wash waters {®Non Yes Transport waters(e.g.,slurries) Ipl Non Yes Scrubber waters(crushers or classifiers) ❑NoN Yes Mine dewatering(groundwater and/or runoff from the mine) If you answered YES to any of these questions,continue on to Item 9. If you answered ISO to all of these questions,skip to Item 18. 9. Location map: A location map designating the facility property,discharge points and receiving waters shall be submitted. The map shall be from a 72 or 15 minute USGS quad sheet,or a map of comparable scale. A north arrow shall be shown. The map must be on paper 8 2 x 11 inches. 10. Site Sketch: A legible general sketch of the site shall be submitted,showing appurtenant facilities(buildings,ponds,diversion ditches,stockpiles, etc.),stream location,numbered discharge points,sampling and flow monitoring points. The map must be on paper 8 2 x 11 inches. The outfalls shall be labeled to correspond with the numbers listed in 15. 11. Site-specific conditions: a)Does this facility have bulk storage of diesel fuel,gasoline,solvents,fertilizer, or other hazardous materials on site? [Si No �❑Yes b)Is this operation located within one mile of a landfill,or any mine or mill tailings? 1�I No ❑ Yes c)Does the dewatering area have or possibly have groundwater contamination,such as Plumes from leaking underground storage tanks,etc.? ®No ❑Yes If 1E for any of these,please show location of the landfill,tailings or possible groundwater contamination on the location map in item 8 or in the general sketch in item 10. Please explain the location,extent of contamination,and possible effect on the discharges from this facility. 5 12. Chemical treatment: Will any flocculants(settling agents or chemical additives)be used to treat water prior to discharge? t No ❑Yes if ,list here,and include the Material Safety Data Sheet(MSDS): t --- - Chemical Name* Manufacturer Purpose In Which Waste Stream? r * If the chemical formula is unknown or confidential,provide the manufacturer's name,contact person,address and phone number or a copy of the manufacturer's brochure,product label information or materials handling data sheet for each product used. Please list the major constituents or active ingredient(s),if'known. 13. Are the receiving waters,indicated in item 5,a ditch or storm sewer? 1ZNo ❑Yes If YES,submit documentation that the owner of the ditch or storm sewer allows this discharge. No certification will be processed unless documentation of approval is received. Note:A discharge permit does not allow a discharge into a ditch or municipal storm sewer system without the approval of the owner/operator of that system. Please provide documentation of approval from the ditch company or owner of the storm sewer for all new discharges. 14. Flow measurement: What method of flow measurement will be used for each discharge point(e.g.,v-notch weir,pump capacity,parshall flume, etc.)? ?Ural? do 1-�y 15. Outfalls •For each process water outfall,provide a description of: - all operations contributing wastewater to the effluent,including water associated with product crushing or washing,equipment washing, sanitary wastewater,groundwater; - the average flow contributed by each operation; - the treatment received by the wastewater,including an identification of any chemical additives used. Use additional pages as needed. OUTFALL WASTEWATER SOURCE AVG FLOW, MGD' TREATMENT DESIGN•' RECEIVING NUMBER USED FLOW,MGD WATERS MI a Am to, - MAK 5U 4 P l Sk.•\1r+�►n 001 c'e-wectering 1.3° IM.4r. ,4)1.14417 R'IW ClreeA • __*MGD-Million gallons/day "If sediment pond,indicate approximate volume of water. 16. Water quality data:Analytical data for the following parameters shall be submitted for at least one grab sample from each discharge point. If no water is currently available for analysis,so indicate. Alkalinity(mg/l) pH(s.u.) Total Dissolved Solids(mg/l) COD(mg/I) Total Suspended Solids(mg/l) Oil and Grease(mg/l) X No water to analyze at this time The Division may request analysis of other parameters once the application has been reviewed. 17. Activity duration: When did the activity commence? What is the estimated life of the activity from which the discharge(s)identified in item 15 originate? 7' years. - 7 IS. STORNIWATER MANAGEMENT PLAN This item applies to all facilities. A Stormwater Management Plan(SWMP)shall be prepared prior to applying for coverage under the general permit, and the following certification signed. See the SWMP requirements in Appendix B. "I certify under penalty of law that a complete Stormwater Management Plan,in compliance with Appendix B of this application,has been prepared for my facility. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the SWMP is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for falsely certifying the completion of said SWMP,including the possibility of fine and imprisonment." Signature of Permit Applicanty_ Date Signed ---.4..., ,�.,/ 71!/ e�Jli zCc,lp Name(printed) - jpbey4- Laird Title Lana Jll r 19. Signature of Applicant "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that,based on my inquiry of those individuals immediately responsible for obtaining the information,I believe that the information is true,accurate and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment." SignatureWyr Date Signed / re / — CU.— DG Name(printed) IXarod • ^tn'to,,, Title ---p,,,,,,,,o,,.t/ rer t_./Nsi ci Signature of Operator \, Date Signed .' Name(printed) `k-Aniel \N. t•\uti Title rPre5i aent A a. - • 9890 \ CZ, e k , — �; i %4297 t 9C / “ �/ ¢�V:+'Y 1 • % f�, 6uA _ / J - / Discharge Point 001 -,- U -l.. .y 9>99 'y --c.I. A-77-4,s--;.-}-_-?._ ---.N...,;;,-- _ i''c \ .. /� a_.•t rraau Bch/ f c, r•.A �ti % �✓ •( r3_ N c)TS" "'x' , - ( t o° R A t — "- M r_, a /_:. /.' V, �1 � �Asi. 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