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Home My WebLink About20033040.tiff .^, Weld Co: _ ._ . ., -nrtment mit TETRA TECH RMC September 10, 2003 Mr. Kim Ogle, Planner VIA FAX and US MAIL Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Hall-Irwin Corporation - Nissen Farm Resource- USR-1435 Response to Conditions of Approval Tetra Tech RMC Job #80.0636.141.00 Dear Kim: We are writing in response to item number 2 of the conditions of approval for the Nissen Farm Application USR 1435. We believe the following efforts satisfy Section 22-5-100.A, 22-5- 100.A.1, and Section 22-5-100.A.2 of the Weld County Code: • OIL AND GAS PLAN-SET - developed by Hall Irwin to incorporate the oil and gas • companies' needs with the needs of the mining operation. This plan-set includes "Notes" that contain language used in previous agreements with oil and gas companies; specifically: o Gas well setback distances and backfilling requirements; o HI shall provide a minimum 30 foot-wide all weather access road to the wells and production facilities at all times; o HI shall be responsible for maintenance and repairs of that portion of the road so utilized; o Minimum 6' cover over existing gas lines; o Mining operations will not be allowed or conducted closer than 75 feet from a production facility (by agreement), or closer than 55 feet from a gas line (by stability analysis); o Oil and gas operators shall locate buried gas lines and install permanent markers on the surface at minimum 50 foot intervals at the sole cost and expense of HI; and o HI shall be responsible for all costs and expenses related to the repair and/or replacement of any wells, production facilities or gas lines that are damaged or destroyed as a result of HI operations. For your reference we have enclosed a copy of this plan-set. • MINERAL OWNER AFFIDAVIT - prepared by MINCO, LLC for the subject parcels; • CERTIFIED MAILING - sent to the Mineral Owners and Lessees requesting comments (a copy of the letter with attachments, list of certified mail recipients, and response letters are enclosed). The Hall-Irwin mining plan adequately provides for future drilling sites as EXHIBIT USIe #1435 2003-3040 0 Mr. Kim Ogle TETRA TECH RMC September 10, 2003 Page 2 of 2 evidenced by the lack of objections or comments from mineral interests requesting additional accommodations with regard to future drilling sites; • WELD COUNTY PC HEARING NOTICE - sent by certified mail to the mineral owners and lessees; • AGREEMENTS - Hall-Irwin is working with Prima Oil and Gas Company and Petroleum Development Corporation to develop Agreements. Hall-Irwin has a Surface Use Agreement with Merit Energy; • ENGINEERING STABILITY ANALYSIS - was prepared to ensure adequate setback distances from oil and gas structures (as well as existing structures within 200'of property) to mining are maintained. The analysis requires a greater distance than that requested by the oil and gas companies and is so stated in the drawing"Notes". Please confirm that this effort satisfies the requirement described in the Conditions of Approval; "The applicant shall either...or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. " Please schedule this application for review by the Board of County Commissioners at your earliest convenience. Sincerely, TET TECH INC. Karen Flanders Design Engineer Enclosure: Letter with attachments sent to Mineral Owners and Lessees by Certified Mail Letters from Merit Energy and Prima Oil and Gas Co. Oil and Gas Maps (Sheet 1-3) C: Jeff Gregg, Hall-Irwin Corporation Danna Ortiz, Civil Resources H:\0636_141\Weld Co Application\Kim Ogle Letter 9-9-03.doc P---. ltTETRA TECH RMC May 27, 2003 Janice L. Kinney 9007 E. Boone, Apt B Spokane, WA 92212 RE: Hall-Irwin Corporation's Nissen Farm Resource Gravel Operation Dear Janice: Hall-Irwin Corporation is proceeding through the Colorado Division of Minerals and Geology(DMG) and Weld County permitting processes for an aggregate mine and processing operation. Please notify me by June 13, 2003 if you have any concerns about this proposal. If I haven't heard from you, I will assume that you have no issues with the plan as it is presented. Sincerely, TETR TECH INC. ,LLB & Kare Flanders, . . Design Engineer cc: Jeff Gregg, Hall-Irwin Corporation Danna Ortiz, Civil Resources H10636_141\DMG APPLICATIONVNINFRALSOKLTR DOC 1900 S.Sunset Street,Suite I-F,Longmont,CO 80501 Tel 303 772.5282 Fax 303.665.6959 . MN..ttrmccom PUBLIC NOTICE Hall-Irwin Corporation; P.O. Box 2150, Greeley, Colorado 80631, has filed an application for a Regular(112) Construction and 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 Nissen Farm Resource, and is located at or near the south half of Section 12, Township 5 N, Range 65W, 6th Principal Meridian. The proposed date of commencement is August 18, 2003. The proposed date of completion is 2024. The proposed future use of the land is water resource. Additional information and tentative decision date may be obtained from the Division of Minerals and Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Weld County Clerk to the Board of County Commissioner's office; 915 10th Street, Greeley, Colorado 80631, or the above named applicant. A complete copy of the application is available at the Clerk's office and at the Division's office. Comments concerning the application and exhibits must be in writing and must be received by the Division of Minerals and Geology by 4:00 pm on July 3, 2003. PLEASE CALL KAREN FLANDERS AT (303) 772-5282 IF YOU HAVE QUESTIONS REGARDING THIS APPLICATION. PROJECT DESCRIPTION Background The purpose of this application is to obtain authorization for Hall-Irwin Construction Company(Hall- Irwin) to mine, process and sell sand and gravel, sell landscape materials, and operate concrete, recycling and asphalt batch plants at the Water Resources, LLC property. Hall-Irwin will mine approximately 89 acres of the total 134.21-acre property. Upon completion of the mining and reclamation, the site will be used for water storage. Please see the attached map for the specific location of the area to be mined. Existing Conditions This site is irrigated agricultural land, presently used to produce corn and oats. Topography of the area to be mined is generally flat, sloping slightly to the east. There is a significant commercial deposit of sand and gravel located in the alluvium of the South Platte River on this property. The South Platte River lies just to the north and west of the site. Portions of the site may flood during periods of high runoff as portions of the area to be mined are in the 100-year floodplain (see Mining Plan Map for location of floodplain). Development of the mining and reclamation plan incorporated measures to mitigate the impact of the operation on floodwater. Hall-Irwin has completed a Floodplain Development Permit for this operation. In addition, the Plumb Ditch borders the site to the south. Surrounding land uses include residential and agricultural. There are no existing buildings on the parcel, however there are several oil and gas wells, tanks and appurtenances that will not be impacted by the mining operation. A stability analysis was conducted and used in the development of the mining plan. Hall-Irwin is in the process of obtaining development agreements with the oil and gas companies. Hall-Irwin Corporation Page 1 of 35 MLRB 112 Permit Application EXHIBIT B INDEX MAP North RG5W I RG4W A Hiss Rd 1 Greeley \ ' \ ,w. d 3 2 S State Hey 269 7 _ ._ -Nli �_ w ' apnhtRd F l --- - .. t�t�OJEGTI•.EL� . " LOGAT I0 _ 9 16th St • a I -H.' A�e _ - .12 7 a ' 9• T5H • \ � a i s Z IG_ . t_ t _ I4 ��W3 70 IS 17 IG -/ P E 24th St ?_ a �. r-/ ,^ 4_ Hwy 94 G US Hml 94 UHr.� 9� t E 28th pSt 9 yFT /--- / KE125EY J . 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DESCRIPTION DATE BY s — li EXHIBIT C — PRA—MINING MAP [lb' TEr5RATECHRM., TEL 303.772 6252 METRO 303 655 5253 FAX 303 665°C w e 3A HALL—IRWIN CORPORATION hOMO rr.q 1)14:23:4)IW2 A\Oe>e-i.i\SISY.v-rM�-Iuxi�wniW.e[Gluw iL2J-a:.pm Ri 43fF ba�uc *"/ gg .r, � `�/6/ O• tea_ \ pNJ \ \ ,\\ #e y/..;;/.'" cs, ..c\,:vt„ 2k,,,,,..„1‘ . . )„,../. ii,_ it . \ °p Is is Ri I \ \ ..: O V pp IT' k i 00 cif i i/ ( .\ \ ' .• , \ k p eig' ,r ° E ❑ .0 E�l ir lam' igif , /Art, q( / LAP it �gg 1 Q N il g tltlk l g C v h- e gh! iii �yoil 'r v, y iiilgili ggr it 1 • g F \ aiil i l ill \ \ f \pp 6e1 11 to a ................. ,�l7 il 4" q60 g'j ,� !q ¢ s- uRm �� "" : ,,':, \t,k __A 1 ' t 141 . a @ r �x<�uv tea.._w,w. ,.t -- )PJWL Ilk t Y R pfa - Y C S pp. Q ^ NQ" > ya: 1g' R igi04_ .... - 6 [> > Artrtrtll . ]@ylIP Aaa aEf ��yy J!tJJ!bi `gz Y YN L ,� k � N Y! �P Y A ` :�,. i gg Ee a > �,� �y ¢� � pm �kp �,NN 511 % ; uiE Gs! i �0-,Eili4 r po A l a u%. gik� i t ] A i edi�r ,,, N r ) as g p; 'AR AI g g g g i 'l 1 li 1>f it i ! i i FFF1 i III III g! !€ itig ilg1;;; 1(111 1 r £ , Lg 1 § g a% ! >1 RI 1 § III. fl 8 _ If R gi ;1 h °iIDIPJ]oLjJ TIicjPi?J gg gig .� t gi g giJi g !� 1g J11.1-ii I 1 1! aR ;$ ti ;; gii I L i'a' 151 t., il 1B ?; t 1 gilltl 1.-* k g 1 11 il 11 I i II ] • ag a ifp6! kph i�I g aI AgE QP' �m g rf, E ; FF 1 r 2 Nj $9 W NISSEN FARM RESOURCE, HELD COUNTY, COLORADO D,5 R,Ra„'SIONS „ 9. g,5' MLRS 112 PERMIT TETRATECH RMC y EXH SIT G - MINING PLAN MAP 1900Swr,R n, surf in 6263 CFAAMC°10501 C — - S US bl.]]P.SPr2 M[iR0 JOJ.115.61A] FAA 10].165.1950 HALL-IRWIN CORPORATION A Mir[4. wn xq t2 i632It II!JW 20 n\a14��\xiSMwrMwhwS\w,w�lMLhb4 It232?PA P 94 4:4p y�� Y, i. 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ILmItIquuuiii ! iitii'It @tri ' 111114'riii y a rn 1 2 '4 e K Z .1 C E IY X p 9 7 Sy I Y t g i (tQ Q 4Q Q .c 1_ P § R NISSEN FARM RESOURCE, WELD COUNTY, COLORADO NO ,241„012T, 3 { g 6 EXHIBIT t}x.� MLRB 1112 PERMIT sib TET1900 5 SRATECH RM5C w i D I Q Y.�X I I I ✓I T — RECLAMATION PLAN TEL 303 772 5202 METET ST RO 10,.645.62!un 1-F 1 FAX 303 565.5959 HALL—IRWIN CORPORATION - Hall-Irwin Corporation - Nissen Farm Resource MLRB 112 Application Proof of Public Notice Mailin_ to Mineral Owners and Lessees: — U.S. Postal Service U.S.Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) (Domestic Mail Only; No Insurance Coverage Provided) M1 al .T a if; u.' S -.P r .... . .) • a- .,,r a r,„, Y s...., rR Postage $ g C/Q 3 _ m Postage $ o S -i( 1,/- -, m Certified Fee V OF A r `' m Certifletl Fee �p�O ��f l-! \ m G` Poetina?k m Rehire Receipt Fee / 7S / (, 1 Rehm Receipt Fee v?% j/ Q (Endorsement Required) t t?� (Endorsement Required) hfAr\67 I (0 O Restricted ntRegyFee 2� / D Restricted tReq Fee 17 p (Endorsement Repaired) ` <IJDJJ� O (Endorsement Required) / /. n C7 Tool Postage B Fees $ _- �� <„,...../N--,SaTotal Poetage n Fees $ / 2003 mb to Sent To In Ser ,To / L, r5 L.o ,Apt No.;or PO Box N . o $ t,Apt o.;or PO Box No. rl Street / 1.&11_,Z7 '-��—��--- � � S r�?2� .t- c . _a —..- _ o o C //` le a i0 D M1 /.-"�- _I / - Y.i` M1 •',/ 'i -U-.S. .- Pr;;; __-- - - •5 Farm 3:..,May 2101 See -averse t.r Instructions C ERTIFI Service CERTIFIE' MAIL •ECEI•T CERTIFIED MAIL RECEIPT I. slit M it •nly; N. Insur nce C•v r • •r.vi•-•) (Domestic Mail Only; No Insurance Coverage Provided) rq m a c .y): r I;, a " S .2. F F I C 5' s 3y L. LA ;0 t _ F. C Postage $ I_ nGo4 CO a W Postage $ 0 / ,\°Al `\ M1 �(jr V DSO M1 - gin \ m 22 / 1 Certified Fee a J� m Certified Fee y// / m Jem P 7 r �Q( H'f.�nn � r9 Return Receipt Fee Retumeceipt Fee J 97 Heredment �u , * 'CI Restricted Delivery Fee ,,_2_003_,_:1C1 Dement Required) p (Endorsement Raqurtetl) Total Postage a Fees $ USP'� Told Postage BFeea t'� ASPS O ' Se m M 'in sectia. c ant To .�1 o r'I / IrC�y1L[�.5__-- ../od '-''Y-•�-----..._-_._.----__-_ Q S L AEA.No.;or PO Box No. S Apt.No.;or 0 Box No. r 0 7 M1 ca,fete,ZIPtd 1 y I,/ M1 - _ . / L 5 Form 3800,May 2000 See Reverse for Instructions PS Form 3800,May 2063 See Reverse for Instructions %...¢n r rrIGN IVI/AIL r5Ct.C1F'I CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) (Domestic Mail Only; No Insurance Coverage Provided) c to = sLi n .M. n. i ej � .. I ., F., ra a- Q M1Postage $ _ aO1n • M1 Postage $ J(v/3 ✓ _ - m Certified Fee ,�/q �\ m Certified Fee 0 30 Gam/ _ m �)y i.,- f_, 75 vt7H _ i r9 Return Receipt Fee / 75 �/ c- (Endorsement Required) f''t ere 11 (Endorsement Required) o xe O I rne0:.md Delivery Fee 200d _l O Restricted Delvery Fee r�o? O (Endorsement Required) a (Endorsement Required) u CI Total Postage g Fees $ Q Total Postage S Fees $ G GI B� OId LISPS M m u'1 SentTo /� u'1 Sent Y , � ra ld rt ir11e_-_ r9 l a/. D_-Yo> --t filch /1e.12_ ki /t_.----- al a�pt POa9y_—_ _----- —_ C Street,"pt. '�r 8— — — — O City fate,ZIP.4 -- -City;State,ZIp't M1- . / T. ISO / P- • . . •5 F.rm 3:0.,M y 2111 S 'avers f.r lnstructi.ns -S Farm 3:11,May 2101 S e 'ev rse f•r Instructions Proof of Public Notice Mailing ,Page 5 of 8 Hall-Irwin Corporation-Nissen Farm Resource MLRB 112 Application U.S. Postal Service U.S. Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) (Domestic Mail Only; No Insurance Coverage Provided) : ti Ir. .:. 1 ,,. a _ ?_. _ u" n as a �„! V a Postage $ I t� dw !':Q�- \ ! fldjb1 ' C/'/ A a k/ —i, ��(j,� f mg orsement Required) rC r2, It 0 Postdated :slivery Fee 2002, / O Restricted Delivery Fee / 0 (. ,dosem::K Required) 0 (Endorsement Required) x7003 O T Cal Postage s Fees $ G e Ii USPS 0 Total Postage a Fees $ L , L r In �� m 4�S '/ tit seat lrg Sent n �---�-rl ai Str /A0t.No/.. rr PO BoxNo. O Street,Apt.No.;or flox No. Ca 'v. 5 b.12 " Ctirc2 I E. Y(Jl l2��- 0 CACI -_ O City h te,ZIP+4 it< O Clty,��y, -,ZIPt 4 /, 9 ` �F C •5 rm 3830,May 2900 See Reverse for lnstuctions •S Form :II III May2III See •averse f•r lnslructi•ns U.S. Postal Service CERTIFIED MAIL RECEIPT U.S. Postal Service 1 (Domestic Mail Only; No Insurance Coverage Provided) CERTIFIED MAIL RECEIPT (I omestic Mail Only; No Insurance Coverage Provided) : Er ' - :Li' a € •1 U F ._ co Postage $ �1 p y )✓ fn M1 I N,�I ��9 c ^ Postage $ tek_ N I m c9 3 r- f CertifiedFea o ostm �pstrn Receipt Fee lr7 I▪ (FiMort Required) _ r q Return Receipt Fee /Q727 Here 0 Restricted Delivery Fee Us P5 a (Endorsement Required) 0 (Endorsement Required) �^ 0 Restricted Delivery Fee 2003 0 Total Postage&Fees $ 0 (Endorsement Required) m v /• Total Postage B Fees $ r Ils� Lt) E-nt o O •^ in ra I'f fA i een eeJ Lef oicr-. t 51.1. r2L1 to s/e/r1h�r^q fv O I..."/A/p-t.7No.;or PO Box No. �/ V l .- �n !u.-- /_______--.-----------__--_. O e.9,2 R 5.-1 to2erh(�r z.6t—.__--.— _____ 0 S t. o.;or PO ox No. — O i ...- C C'tr�(e /]%gyp y /1BQ�yl Cray CI =fete. •Pt- .ci ��J...- t 1""iVf! k ]..eL�4L� M1 r./a- .. i". _ is o?� a __- ___- SeeReverseforInstructions IN- . CI State,ZlPt4 r7� ��// PS Form 3800.May 2f10 (' U.S. Postal Service it CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) Er ti F A U S F. co Postage $ a• NGNG�_ mCertified Fee e� - . ..- 6`,. Fee J \cc 0 (EndorsementRReceipt ) i / Sli1/ c 0 Restricted Delivery Fee 0 (Endorsement Required) G �v 0 Total Postage Si Fees $ I SF'6 m �/ es' rl u, Se,To L[ CL 6- 1.-1 � — O , No.;or PO Box N . ---- M1 I/`Stafl,Di4.i4 i�.► •SF•rm S:II.M 2III Proof of Public Notice Mailing Page 6 of 8 Hall-Irwin Corporation - Nissen Farm Resource MLRB 112 Application U.S. Postal Service U.S. Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) (Domestic Mail Only; No Insurance Coverage Provided) 0' in ru Y ru U QNT \ NPostage $ a O� AGM �r... ..,. M1 Postage $ a S �,ONT C � O M M O o\ mCertified Fee c90(. �AY `} \ m Certified Fee �÷ y�My a H Return Receipt Fee /O-2Sark Realm Receipt Foe Patristic �.. (Endorsement Required) a (Endorsement Required) 27Here �rI //l / CI Restricted Delivery�) y�q O Restricted Delivery Fee D (Endorsement Required) �} CVO/ O (Endorsement Required) �W� mTotal Postage&Fees $ L/ 1,1� 'CUSPS m Total Postage&Fees $ OSPS m ��-S��-((())) ��1// (U/� SLe�r/a'{iPApt. Q S // ILI - 7/,,, ;7/7 a.PO o NNo. / //�/ CI Street,,AP � P/o„q�oc No.to` � ��C-- -_ _-..----_- 0 0074- 0 ,:to %'t1 n- C Ste, P. r .. •S F.nn '11,May 2111 See -averse for Instructions 'S F.rm 3`31,May 2101 Se •ev rse f.r Instruct7ons U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Registered No. Date Stamp -o M90644202119 m 3O 1 �— '. �`s — t.d Opt A. Reg.Fee $ Special $ SvS, ru ?mil Delivery [HA, O, e>• t 8 Handling $ Return $ ,ov.ep Postage $ I, p� -o ng G C'r�S . �\�� u e Charge Receipt Cler'"-MG ' 0 t p rY Postage $ Restricted $ c o M Certified Fee a '� o MAY "o m > 2,30 Delivery ' Oyer' /03 H Return Receipt Foe J Received by `� D mes t. - e (Endorsement Required) -i.2 2003 n O Restricted Delivery Fee Customer Must Declare with Postal motional O Qiefwsmrmnt Required) Full Value $ Insurantt Indemnity Is Limited Total Postage&Fees $ `6 �� USA n Without Postal (See Reverse) oI- a Insurance left,a re ,fA'e o -�/�ren�s (a di&e s._J1:-------------- i g o /900 scat ,,se/ sf-Street A Apt No-o O Box N . o N 6 i(/% ,W 1en 59%1D/ i x ��<so/ 0 2 N ganfer /GJ2i//� .7/' itMsi xi /?4,pn5 PS Form 3806, Receipt for Registered Mail (Customer Copy) June 2000 (See Information on Reverse) 11 Proof of Public Notice Mailing Page 7 of 8 Hall-Irwin Corporation - Nissen Farm Resource MLRB 112 Application U.S. Postal Service U.S. Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) (Domestic Mail Only; No Insurance Coverage Provided) C ce ,..,. �... _ ru O' s ea Postage $ / 03 Postage $ p r- �OMON;. n- n \ M l Certmed Fee , N.O ��O ft l Certified Fee a030 / \ l Return Receipt Fee 75 P / c8 a Return Receipt Fee 1 7 - Postmy 1 (Endorsement Required) O Hem Cm En (Endorsement Required) 1 d ✓ q' O Restricted Dethrone Fee q'r^c�/ 9 a Restricted fit-livery Fee 2'+ O (Endorsement ement Required) ''IC? O (Endorsey. It Required) \ - I ca TOW Postage 8 Fees $ G GSp O Total Postage$Fees p� r rn . / S m $ /BOb p Street Apt.No.;or No. ---------- p Street,Apt No.;or PO Box No. -- I a eat_Drlr>/� 6a/le,is o o Il te. tit,, 67,:_„_. � / 1 . _. / M !' ., �/� a, •5 F.rm 3:0U,M y 2t1 I See •evers f.r Instructions ,'S F.rm 3Al`J,tAay 2111 S •averse t.r lnstruct..ns U.S. Postal Service U.S. Postal Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) (Domestic Mail Only: No Insurance Coverage Provided) r-R B- ll 1 f T M1 Postage $ e _ Postage $ Ca s A N mCertified Fee z ///...�� m Certified Fee '0 3D rq Return Receipt Fee Pjdc Return Receipt fee Y ,2 '� (Endorsement Required) �9) ) (Endorsement Required) �/�� '. �� o Restricted Delivery Fee 9 D Restricted De Fee G J CI (Endorsement Required) �O�V /��. O (Endorsement Required) — N� 0 o total Postage&Fees $ (., %Y Snit' O Total Postage&Fees $ L S LLJJ m tr'I - -b Ln Sent 7 dfie-05-1141.--- r9 MOIL Oil i 445 o/neter, p Street,Apt.No.;or ,f!o. o Street,Apt No.;or O Box No. I o „ -1`-'/2l.:/: /ife/JD o icig P/s' ,Sfizeth- P- goo •S F.rm 3:11,May 21111 See • verse i.r Instructi.ns •S F.rm 3:11,M y 2111 See •evers f.r Insiructi.ns Proof of Public Notice Mailing Page 8 of 8 RECEIVED JUN 1 2 2003 Prima Oil & Gas Company June 12, 2003 Ms. Karen Flanders Tetra Tech RMC 1900 S. Sunset Street Suite 1-F Longmont, CO 80501 Re: Hall-Irwin Corporation's Nissen Farm Resource Gravel Operation Dear Ms. Flanders: This letter is in response to your notice of Hall-Irwin Corporation's Nissen Farm Resource Gravel Operation. Prima Oil & Gas Company owns a well and leasehold in Section 12, Township 5 North, Range 65 West, which should be considered in the planning process. Our well and leasehold are located in the SE/4SW/4 of said section. If you require additional information, please let us know. Very truly yours, PRIMA IL & GAS COMPANY Carol Myers, TA Landman cc: Jeff Gregg, Hall-Irwin Corporation 1099 18th Street • Suite 400 • Denver, Colorado 80202 Office: 303.297.2300 • Fax: 303.297.7708 • www.primaenergy.com 07/02/03 13:37 FAX 970 346 3777 BATAA OIL ®004/005 MEMORANDUM TO: Karen Flanders, Tetra Tech RMC FROM: Keith Crouch DATE: June 12, 2003 RE: Hall-Irwin Corporation's Nissen Farm Resource Gravel Mining Operation The following are the preliminary comments of Merit Energy Company ("Merit") on the materials sent to Merit Energy Partners III, LP under cover of May 27, 2003. At the outset, you should be aware that Merit entered into an agreement with Hall-Irwin with respect to the S/2 of Section 1, T4N, R67W, 6th P.M., Weld County, Colorado (the`Agreement"). The Agreement was recorded in the records of Weld County, Colorado on April 11, 2003 under Reception No. 3051783. If you would like a copy, please let me know, but Tetra Tech represented Hall-Irwin in connection with that agreement so a copy should be readily available to you. The Agreement was entered into after detailed negotiations and Merit is willing to enter into the same agreement for the lands covered by the current application. Please let me know if that Is acceptable to Hall-Irwin. As you know, Merit Energy operates the Law# 1 and the Sandy# 1 Wells that are located respectively in the NE/4SEJ4 and the NW/4SE/4 of Section 12, T5N, R65W, 6th P.M., Weld County, Colorado. Merit's concern is that Hall-Irwin's mining operations not interfere with Merit's operation and maintenance of the Wells and any undeveloped locations it owns in the area affected by the proposed mining operation. Merit is in the process of determining whether it owns any undeveloped locations that may be in the area affected by the proposed mining operation. Merit's basic requirements for the operation and maintenance of the Wells include, but are not limited, to a flat working area of 150 feet around the wellhead of each of the Wells within which there are to be no mining operations except that Hall-Irwin may conduct temporary mining operations on a quarter circle basis within 75 feet of the Wells on the basis set forth in paragraph 7 a of the Agreement. In addition to the flat working area, Merit needs to have complete, unfettered daily access to the Wells and their associated production facilities. Section 2 of the Agreement addresses access issues and I refer you to that section for the specifics_ In addition, Merit will require an easement 15 feet in width on either side of the flowiines for the Wells so the flowlines can be 07/02/03 13:37 FAT 970 346 3777 BATAA OIL R005/006 maintained and repaired as necessary. Finally, there can be no structures, roads, utilities, improvements, landscaping, detention ponds or other facilities within the working space for the Wells, the flowline easements, and within 200 feet of the stock tanks and separators that service the Wells_ The size of the working spaces around the Wells will have to be finalized by Clay Munger, Merits Operations Manager. He can be readied at 303-857-676E In addition to the foregoing, Merit must be assured that the gas purchaser and the oil purchaser of production from the Wells will have access to the production from the Wells. If facilities are to be relocated to accommodate the proposed mining operations, Hall-Irwin must agree to pay the costs incurred in the relocation to include the costs of any production delays. Please call me with any questions you have concerning these matters. 07/02/03 13:37 FAX 970 346 3777 BATAA OIL 1002/005 KEITH M. CROUCH, P.C. Attorney at Law 6015 Ingersoll Place,Boulder,CO 80303 Phone:(303)4444515 or(970)3364000 Fax;(303)114 5624 or(970)3464777 July 2, 2003 Via Facsimile Tom Schreiner Division of Geology and Minerals 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Hall Irwin Corporation Nissen Resource Application and Merit's Law and Sandy Wells Dear Mr. Schreiner. On May 27, 2003 Merit Energy Company("Merit") was sent a letter concerning the Nissen Farm Resource Gravel Operation by Tetra Tech RMC on behalf of the applicant Hall Irwin Corporation. The letter asked for comment by June 13, 2003. By Memorandum dated June 12, 2003, Merit commented on the proposed mining plan and a copy of that memorandum is enclosed for your Information. Until Merit's concerns as set forth in the memorandum are addressed in the mining plan, Merit objects to the plan. Of particular concern is whether Merit owns any proved, undeveloped locations in the area covered by the mining plan. Merit is in the process of determining whether there are any proved, undeveloped locations in the area. Merit and Hall Irwin have worked on similar issues in the past in particular in connection with Merit's Bernhardt and Hanson Wells and an appropriate surface agreement was entered Into between Merit and Hall Irwin. I spoke with Jeff Gregg, Hall Irwin's General Counsel, today and he assured me that Hall Irwin was In the process preparing a surface use agreement for the Law and Sandy Wells that will contain the same provisions as the agreement covering the Bemhardt and Hanson Wells. If that is In fact the case, Merit is confident that a satisfactory agreement will be reached prior to the hearing scheduled for the Nissen Resource application. 07/02/03 13:37 FAX 970 346 3777 BATAA OIL X004/005 Tom Schreiner July 2,2003 Page 1Mro We will keep you apprised of the progress of the negotiations with Hall Irwin, but until the matter is resolved, Merit remains a party in interest in the application. Please contact me if you have any questions. Very Truly Yours, KEITH M. CROUCH, PC By: VSIAL\NIL Q'a^i—` Keith M. Crouch Attorney At Law ca Fred Diem, Esq. Clay Munger Karon Flanders Jeff Gregg,Esq. r Exhibit E contains three (3) oversized maps See Original File OCSOTIS, COAN & STEWART, LLC Attorneys And Counselors At Law ,_.. ._._._i G. Brent Coan gbcoanOocslaw.com October 7, 2003 Kim Ogle Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Oil and Gas Issues associated with Nissen Farm Resource USR Application Case No. USCR—1435 Dear Mr. Ogle: Enclosed with this letter you will find oil and gas facilities maps that I believe have been previously submitted to your office. This letter will supplement the information provided to you by Tetra Tech RMC on behalf of the Applicant Hall-Irwin Corporation in the above referenced USR case. If you will please refer to sheet 1 of 3 enclosed with this letter, you will note that the state regulated drilling windows in each of the quarter quarters marked with a yellow highlighter have already been developed. The Applicant in the above referenced USR case has already submitted evidence of a Surface Use Agreement with Merit Energy ("Merit") and the Applicant is actively engaged in discussions with Petroleum Development Corporation ("PDC") and Prima Oil and Gas Company ("Prima") in an effort to complete a surface use agreement with each of those companies. The Applicant will be prepared at the hearing before the Board of County Commissions to either present executed surface use agreements or to present evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners and/or operators that have not participated in a surface use agreement with the Applicant. The Applicant requests that you schedule the Board of County Commissioners hearing while the Applicant continues to work out details of a surface use agreement with Petroleum Development Corporation and Prima Oil and Gas Company associated with their existing facilities. It should be the decision of the Board of County Commissioners not the Staff whether or not an adequate attempt has been made to mitigate the concerns of the mineral owner and/or operators and we ask that the Staff give the Board of County Commissions the opportunity to conclude that the Applicant has met its obligations. EXHIBIT The Doyle Building, 1812 56th Avenue, Greeley, Colorado 80634 1 • F CI) Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 ; 1 y Kim Ogle October 7, 2003 Page 2 With regard to your request for information associated with future drilling sites, please note that in none of our negotiations with Merit, PDC or Prima has anyone suggested that the planned mining operation impacts any future drilling sites that are of interest to any of the mineral owners or operators. If you would refer again to Sheet 1 of 3 enclosed with this letter, you will see that I have outlined the undeveloped state regulated drilling windows with a blue highlighter. Please take note that the drilling window located in the SESE in Section 12 is completely unaffected by the USR application. Said drilling window remains completely intact for potential future drilling. Additionally, the drilling window located in the SWSE is also relatively unaffected by the proposed mining operation. No less than the entire south half of said drilling window is available for possible future drilling. Additionally, given the route of the Plumb Ditch through said drilling window, the most convenient area from which to drill a future oil and gas well would be in the south half of the drilling window. As currently constructed the Plumb Ditch makes placement of a drilling rig in the north half of this drilling window very difficult. In reviewing the status of the state regulated drilling window in the center of the SE'/ of Section 12, I note several issues that have relevance to your consideration: 1. Neither Prima, Merit nor PDC have asserted any rights to drill a well within this subject drilling window. 2. Merit has executed a Surface Use Agreement that prohibits any further drilling by said company within the permit area except as expressly provided for in said Agreement. 3. Because of the segregated interests in the subject quarter section, the odds of any particular party actually having a right to drill a well within the window located in the center of the quarter section are remote. 4. I also note that it would be physically possible and reasonable for an oil and gas operator to drill a well in the southeast corner of the subject drilling window. The southeast corner of the drilling window is outside of the USR permit area and will be unaffected by the proposed mining operation if the USR Application is granted. Therefore, should any party acquire the right to drill an oil and gas well within the state regulated drilling window at the center of the SE ''A of Section 12, then in my opinion it would be more than reasonable for said party to drill said well in the SE corner of the subject drilling window. The information contained in this letter and in the attached maps that were previously provided to your office should answer all of your questions associated with the oil and gas development within the permit area. Should you require any additional information, please contact me as soon as possible so we can arrange a meeting for further discussion. Additionally, I would be more than happy to expand on the information provided in this letter at the hearing before the Board of County Commissioners and answer any of their questions that may arise. Please schedule the above referenced case before the Board of County Commissioners and contact the Applicant and my office to coordinate said scheduling. Kim Ogle October 7, 2003 Page 3 Thank you for your assistance with this matter. Sinc rely, G. Brent CC an /gh Enclosures Exhibit F contains three (3) oversized maps See Original File TETRATECH RMC 1900 S.Sunset Street,Suite 1-F Longmont,CO 80507 • • - Tel:303.772.5282 Fax:303.665.6959 TRANSMITTAL TO: Weld County DPH&E FROM: Karen Flanders 1555 N. 17th Ave. DATE: Novmeber 13, 2003 Greeley, CO 80631 ATTN: Char Davis PROJECT: Nissen Farm Resource PHONE: JOB NO: 80.0636.141.00 Fax Number: If you do not receive all pages, or if Number of pages sent(including this cover): pages. transmission is not clear please call Tetra Tech RMC at(303)772-5282. Messenger - Delivery _ Pickup _ Other _ Standard Mail FedEx Overnight WE ARE SENDING YOU: Copies Description 1 Letter to Kim Ogle dated November 13, 2003 with attachments If enclosures are not as noted.please notify us promptly. THESE ARE TRANSMITTED: For Approval As Requested X For Your Use Cn For Review and Comment REMARKS: COPY TO: Kim Ogle, Weld County Jeff Gregg, Hall-Irwin Corporation EXHIBIT I • lZ t t5C4rt435 Fi'Karen Flanders Tu nsnlltal s;TTR,IC TraiumittNI to'Geld County doc CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING • SURVEYING CIVIL RES•JURCES, LLC ENGINEERS E. PLANNERS November 13, 2003 r Mr. Kim Ogle, Planner VIA US MAIL Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Hall-Irwin Corporation -Nissen Farm Resource- USR-1435 Response to Conditions of Approval Dear Kim: We are writing to address several of the conditions of approval for the Nissen Farm Application USR 1435. Requirements to be Satisfied Prior to Recording the Plat A. Please refer to the attached plat for the following: 1. The plat has been prepared in accordance with Section 23-2-260.D of the Weld County Code and will be submitted to the Department of Planning Services for recording within 60 days of approval from the Board of County Commissioners. 2. All plat drawings are labeled USR-1435 3. The requirement to maintain a minimum 10'clearance from any power line is stated in the "Notes"on the Mining Plan Map. 4. The location of the facility"advertisement"sign is denoted on the Mining Plan. A detailed description of the sign will be submitted with the building permit for this facility. Please be aware other directional,traffic and instructional signage will be placed within the mine site area as needed for safety. 5. The Reclamation Plan shall serve as a landscape plan for this project. The plan includes details of plantings, seeding and berm details. 6. The permit boundary is consistent with the legal description on the Existing Conditions Map. 7. The additional 10' right-of-way is denoted on the Mining and Reclamation Plans. 8. The existing 601 (30'either side of the centerline) of right-of-way is delineated on the plat drawings for WCR 47.5. Please note that this right-of-way is not on Nissen Farm. There are residential/agricultural parcels and a dairy operation adjacent to this roadway. 9. Based on Gene Coppola's(the Traffic Engineer) recommendation, and Don Carroll's (Weld County Public Works) concurrence, acceleration and deceleration lanes are not required at the site entrance. The entrance will be constructed with radii adequate for large trucks. 10-12 We are currently in the process of surveying these intersections and will proceed with design improvements. Upon completion,design plans will be submitted to Weld County Public Works for review and approval. B. Enclosed is a copy of the APEN that was submitted to the Colorado Department of Public Health and Environment (CDPHE). We have also added a development standard to the plat that states, "The applicant shall obtain an Air Pollution Emission Notice from the Colorado Department of Public Health and Environment, Air Quality Control Division prior to operation." 451 OAK STREET, SUITE 209• FREDERICK, COLORADO 80530• PHONE:303.833.1416• FAX: 303.833.2850 Mr. Kim Ogle November 13, 2003 Page 2 Clvii RIS'WUROCS C. Enclosed is another copy of the Dust Abatement Plan that was submitted to the Weld County Department of Environmental Health Services. D. The use of bottled water and portable toilets is currently being evaluated. E. Enclosed is a copy of the CDPS application that has been submitted to the Colorado Water Quality Control Division. We have also modified development standard (10)on the plat that now states, "The applicant shall obtain a Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division prior to discharging groundwater." F. We have enclosed a draft Waste Handling Plan for the Environmental Health Services Division of the Weld County Department of Public Health and Environment's review. G. We have addressed vehicle and drum washing in the Waste Handling Plan. The vehicle wash area uses only high pressure water, no detergents or chemicals. The wash water is contained in a retention pond on-site and allowed to evaporate. Any concrete or cement rinsed in the wash is allowed to solidify and the hardened concrete stockpiled for recycling. We spoke with John Neiland at the CDPHE-WQCD (303.692.3553)to determine if any permits are necessary for this process. Mr. Neiland stated that since nothing is being discharged from the site, and the retention area is lined, no permits are necessary. H. The Reclamation Plan shah serve as a Landscape Plan for this project. The Plan has been revised to include the number, size and species of plants proposed. The berm cross-section describes the height, side-slopes and cover material. The berms are temporary during the life of the mining operation and will be removed during site reclamation,therefore are proposed to receive grass cover. The berms along WCR 58 have been design to accommodate flood flows from the River. I. The plans show the additional 10 feet of right-of-way along Weld County Road 58. Hall-Irwin will dedicate this right-of-way prior to platting. J. Hall-Irwin is working with the Weld County Dept of Public Works to draft the Road Maintenance Agreement. We will forward it to you for review and approval upon its completion. K. Hall-Irwin's traffic engineer, Gene Coppola, has made recommendations for road improvements at the intersection of Hwy 34 and WCR 47.5. Mr. Coppola has corresponded with Gloria Hice-Idler of CDOT and those improvements are currently being designed. We will submit the design plans to Weld County Dept of Public Works and CDOT for approval. Requirements to be Satisfied Prior to Operations: A. Enclosed please find the approval letter from Tom Schreiner of the Colorado Division of Minerals and Geology. B. This is addressed in development standard (27)on the plat. C. The applicant will submit building permit applications after Board of County Commissioner approval. D. We have submitted Mining and Reclamation Plan Maps to the Platte Valley Fire Protection District and are awaiting their comments. Mr. Kim Ogle November 13, 2003 Page 3 wIl R[S.I R( IS E. Hall-Irwin is evaluating the requirement to install the individual sewage disposal system. F. Hall-Irwin spoke with Don Carroll about paving the approach road and small parking area adjacent to the scale house. Mr. Carroll stated that using stable construction materials (such as pit run or road base) is acceptable. This is addressed in development standard (24) on the plat. G. This is addressed in development standard (24)on the plat. H. The applicant has developed a Stormwater Management Plan in conjunction with the CDPS. This issue is also addressed in development standard (25) on the plat. I. The applicant will submit evidence of CDOT's approval of the access permit prior to operation. J. The applicant has submitted the required information to the FAA and is awaiting comment. Please note, during the Planning Commission Hearing we requested that this item be required"prior to building any structures"not"prior to recording the plat." The Planning Commission approved this request. We will submit evidence of the FAA's approval prior to building any structure. K. The applicant understands that the activities described shall not occur until the Special Review Plat is ready to be recorded;with exception to the slurry wall. The applicant requested during the Planning Commission hearing to allow the slurry wall installation to begin prior to recording the Special Review Plat. L. Previously we asked for clarification of Development Standard (49). Based on our telephone conversation,the intent Standard is to allow the applicant 3 years from the date of recording the plat to begin the Special Use development. Thank you for your clarification. Thank you for your assistance with this application. Please contact me at 303.833.1416 if you have any questions. Sincerely, CI L RESOURCES, LLC / Danna Ortiz Planner C: Jeff Gregg, Hall-Irwin Corporation Karen Flanders,TetraTech RMC Waste Handling Plan Hall-Irwin Corporation Purpose This waste-handling plan is prepared for the Nissen Farm Resource gravel mining operation in Weld County. As required by the Weld County Department of Public Health and Environment, this Plan identifies the types and estimated volumes of wastes expected to be generated a this site; the types and estimated volume of chemicals to be stored at this site; and the planned methods of waste disposal. Chemical Storage Generally the sand and gravel mining, processing, sales and recycling operations do not require storage of chemicals other than those required for general vehicle and equipment operation. The concrete and asphalt batch plants will require add-mixtures and petroleum products for those specific operations. The total volume and product list may vary slightly when the facility is in full operation. A list of the possible products and approximate volumes maintained on-site are identified below: Material Speculative Volume Diesel Fuel 20,000-26,000 gallons Hydraulic Oil 300-600 gallons Antifreeze 110-220 gallons Waste Oil 500-600 gallons Waste Antifreeze 500 gallons Misc. Material 600 gallons combined Cleaning Solvents Engine Oil Grease and Lubricants Hydraulic Oil Concrete Ad-mixtures 13,000 gallons combined Water Reducer Plasticizer Accelerator Hot Mix Asphalts 2,000 gallons Material Safety Data Sheets (MSDS)will be maintained at the site. Chemical products will be stored in containers approved for the material stored. Adequate containment will be provided for tanks containing material that require spill containment measures. Waste Generation Office waste and other acceptable wastes will be disposed of through contract with a local trash hauler. Any waste oil, waste antifreeze or other chemical waste generated at the site, will be collected by a licensed waste hauler, such as Safety Kleen, or by a Hall-Irwin transport vehicle licensed to carry those materials. The materials will be transported to an appropriate licensed hazardous or special waste collection facility. Any facility personnel handling special or hazardous waste materials will be trained in management and spill prevention. Page 1 of 2 Waste Handling Plan Hall-Irwin Corporation Disposal Facilities Wastes will be disposed of through contract with a local trash hauler will be transported to the disposal facility used by that hauler. There are several waste collection facilities within the general vicinity: BFI Transfer Station N. Weld Sanitary Landfill Larimer County Landfill 1925 15t Ave. 40,000 WCR 25 5887 South Taft Hill Road Greeley, CO 80631 Ault, CO 80610 Fort Collins, CO 80521 (970) 352.6124 (970) 686-2800 (970) 498-5770 Any hazardous waste or wastes requiring special handling and disposal will be transported to an appropriate licensed facility. Vehicle Wash Facility The vehicle wash facility, located near the concrete batch plant, is designed using pressurized water without any chemicals or detergents. The wash area is sloped to a clay-lined retention area where the wash water is allowed to evaporate. Any concrete or cement rinsed in the wash process is allowed to solidify. Once hardened the material is excavated and stockpiled for recycling. The wash water is retained on-site and evaporates—no disposal or discharge is anticipated. Page 2 of 2 DUST ABATEMENT PLAN Hall-Irwin Corporation r^� 1. During extraction of topsoil/overburden water trucks shall be used as necessary to minimize fugitive particulate emissions. 2. Topsoil stockpile(s)shall be compacted,watered as needed and revegetated in spring or fall to minimize fugitive particulate emissions. 3. Overburden stockpile(s)shall be compacted,watered as needed and revegetated in spring or fall to minimize fugitive particulate emissions. 4. During loading in and out of raw material and finished product stockpiles, water trucks shall be used as necessary to minimize fugitive particulate emissions. 5. Raw material and finished product stockpile(s) shall be watered as necessary to minimize fugitive particulate emissions. 6. Crushers and screen decks located at this site shall be operated with water spray bars except when there is sufficient moisture in the materials to minimize fugitive particulate emissions. 7. All on-site unpaved roads shall be treated with water as needed to minimize fugitive particulate emissions. Dust abatement on the unpaved roads shall be the primary concern due to the fact that the gravel material will carry moisture with it. 8. Disturbed areas shall be restricted to those areas necessary for the function of the mine. 9. Disturbed areas shall be watered as needed to minimize fugitive particulate emissions. 10. Any disturbed area which becomes inactive shall be revegetated during the spring or fall planting time to minimize fugitive particulate emissions. 11. Haul roads are dust controlled with water and magnesium chloride as necessary to minimize fugitive particulate emissions. 12. Speed limit signs are posted throughout the pit area to minimize fugitive particulate emissions. } STATE OF COLORADO +DIVISION O ANERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 rtC O L O RA D( Denver,Colorado 80203 V 1 5 1 O N O Phone:(303)866-3567 MINERAL: FAX: (303)832-8106 EOLOG ` MLAN ATION•NININ August 22,2003AFETY•S CIENCE Mr.Jeff Gregg Bill Owens Hall-Irwin Corporation Governor 3026 4th Ave. Greg E.Watcher P.O.Box 2150 Executive Director Greeley,CO 80632 Ronald W.Cattany Division Director Natural Resource Truslel Re: File No. M-2003-001, Nissen Farm Resource, 112c Decision LetPer- C .:,;;s:a, Financial and Performance Warranty Request-Construction Material Operation Dear Mr.Gregg: On August 20, 2003, the Division of Minerals and Geology approved your 112c mining permit application. The condition of approval is noted below: Stipulation No. 1 : A reportable spill is a spill of any toxic or hazardous substance(including spills of petroleum products) within the mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Commission, any local Emergency Planning Commission, local Emergency Planning Committee, or the State Oil Inspector. The Mine Operator shall notes the Division of Minerals and Geology(DMG)of a reportable spill within the mined land permit area using the same timeframe required by the permit, license, notice, statute, rule or regulation governing the reporting of the spill to the other appropriate agency. Notice of a reportable spill shall be FAXed to:Minerals Program Supervisor, Division of Minerals and Geology, FAX 303) 832-8106. The FAX shall include a call-back number ofa responsible company official for DUG staff to use as a contact. The amount of financial warranty set by the Division for this operation is$900,400.00(based on a 20%slurry wall installation cost). You must submit a financial warranty in this amount and a performance warranty in order for us to issue a permit In the event you have requested a financial warranty form, we have enclosed it in this letter. If you have not,please select a type of financial warranty from Rule 4.3. Then contact us so that we can provide you with the appropriate warranty form. We have enclosed a performance warranty form with this letter for your use. PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION A TER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. A PERMIT WILL NOT BE ISSUED UNTIL WE VERIFY THE ADEQUACY OF BOTH YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. If you have any questions,please contact me. Sincerely, Thomas A.Schreiner Environmental Protection Specialist Enclosure cc:Barb Chiappone,DMG(via E-Mail) Office of Office of Colorado Mihodikattl6$h1A&8nerAP-t9_M200300I lAS_20030822_1112$:AM.doe Active and Inactive Mines Geological Survet Colorado Department of Public Health and Environment • Aor Pollution Control Division -MINING OPERATIONS - GENERAL INSTRUCTIONS FOR FUGITIVE PARTICULATE AIR POLLUTANT EMISSION NOTICE / CONTROL PLAN An Air Pollution Emission Notice and Fugitive Particulate Control Plan must be submitted with an application for an Emission Permit. Completion of this form will meet these requirements. Complete only those sections of this form which are applicable to your operation. All data given,such as production rates,topsoil removal, etc., should be for that period of 12 months that is expected to have the greatest amount of activity,usually for the first year. Emissions will be calculated in terms of pounds per day and tons per year of particulates generated. Also, please submit the following, if available: 1. A map showing site location and boundaries, haul roads, and nearby residences or commercial structures. 2. Production schedule. 3. Schematic of the operation. 4. Engineering or manufacturing data on control equipment. PERMITS REQUIRED Fugitive Particulate Emission Permits are issued for site-specific activities, such as mining, storage of materials, haul road activities, etc. The Division will use the information submitted on this form to estimate emissions from the activity. Any processing equipment, such as a crusher,screen,concrete batch plant,or asphalt plant is considered to be portable and requires a separate permit application, Air Pollution Emission Notice, and filing fee. This aids the applicant by requiring only a revised Air Pollution Emission Notice for Relocation,whenever the equipment is moved to a new site. FEES A filing fee of$119.96 shall accompany each Air Pollution Emission Notice/Control Plan filed with a pcnuit application. Permit processing fees will be charged for the amount of time the Division spends evaluating the permit application. These fees,(currently$59.98 per hour)plus any required public notice fees,must be paid before an Initial Approval Permit will be issued. Once the project has commenced operation, the source has 180 days to certify compliance with the permit conditions. Once the source has self-certified,Final Approval processing will begin. Final Approval Permit processing fees must be paid before the Final Approval Permit is issued. For more information or assistance call: Small Business Assistance Program (303) 692-3148 Small Business Ombudsman (303) 692-2135 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: If you are transferring the ownership of a permit,you must also submit an Administrative Permit Amendment form and Transfer of Emission Permit Agreement form. Permit Number AIRS Number Company Name: Hall-Irwin Corporation Pit/Mine Name: Nissen Farm Resource County: Weld Pit/Mine Location: S 1/2 Section 12,T5N,R65W of the 61h P.M. Billing Address: P.O. Box 2150 Zip Code: Greeley, CO 80632 Person to Contact: Jeff Gregg,Resource Manager Phone Number: 970.539.1201 E-Mail Address: jeffgregg@hall-irwin.com Fax Number: 970.352.6284 Please provide description of the activity: (Also,please provide a site map) The operation will include:mine,process,stockpile and sell sand and gravel;import and sell landscape materials; operate a concrete batch plant;and operate an asphalt batch plant. If facility is NOT yet constructed: What is the projected start-up date? Fall 2003/Spring 2004 (depending on permit approvals) Normal Operation of this Source: Hrs of Hours per day 6 Days per week 52 Weeks per year Daylight Seasonal Throughput(%of Annual): Dec-Feb 20 Mar-May 25 June-Aug 30 Sept-Nov 25 300,000- Tons Per Year Estimated Maximum Annual Production: 500,000 Commodity Produced: (Please be consistent with the Division of Minerals and Geology permit) ®Aggregate/Sand and Gravel ❑ Stone ❑ Coal O Minerals or Metals Type: /1 ❑ Other: Revised October 2002 Mtn:,r:WWW.cdplie.state.co.lis/ap tstationary.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: N/A Estimated Emissions (tons/yr)at throughputs Estimation Pollutant requested Actual Emissions Method From Data Year Controlled Uncontrolled Particulate PM-10 A. TOPSOIL REMOVAL Maximum Tons Removed Per Day: 6,000 Tons Removed Per Year: 50,000 Proposed Controls For Topsoil Removal: El Moist Material ❑Water Spray ❑Other(specify) B. TOPSOIL STOCKPILE(S) Maximum Stored At One Time: 20,000 Tons Proposed Controls For Topsoil Stockpile: ®Watering as necessary Times/Day ❑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, Haul Trucks Maximum Tons Removed Per Day By Dragline: Tons Removed Per Year By Dragline: Number Of Scraper Hours Per Day: 60 Number Of Scraper Hours Per Year: 6,000 Proposed Controls For Overburden Removal: ®Moist Material 0 Water Spray ❑Other(specify) r Revised October 2002 httpj.uww.cdphe.state.co.us ap stationary.asp 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 150,000 Tons Proposed Controls For Overburden Stockpile: ®Watering as necessary Times/Day ❑Chemical Stabilizer ® Compacting Of Piles ❑Enclosures (Complete or Partial) ®Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ❑Other(specify) E. DRILLING Number Of Holes Drilled Per Day: N/A Number Of Holes Drilled Per Year: Proposed Controls For Drilling: ❑ Water Injection ❑Chemical Stabilizer ❑Bag Collectors ❑Other(specify) F. BLASTING eat, 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: 4,000 Tons Removed Per Year: 300,000-500,000 Drop Height: 18 Feet Specify Moisture Content: %, (if known) Proposed Controls For Raw Material Removal: ®Moist Material ❑Water Spray ❑Other(specify) H. RAW MATERIAL STOCKPILE(S) Maximum Stored At One Time: 20,000 tons Proposed Controls For Raw Material Stockpile: ®Watering as necessary Times/Day ❑Chemical Stabilizer /"� ❑Compacting Of Piles ❑Enclosures Type: (Complete or Partial) ❑Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ❑Other(specify) Revised October 2002 http www cdplte.state c( us'ap stationarv.asp Coloaado 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 EQLIPMENT REQUIRES A SEPARATE PERMIT APPLICATION AND APEN. PRIMARY CRUSHING SCREENING/CLASSIFYING Maximum tons crushed per year: N/A Tons Maximum tons screened per year: 500,000 Tons Maximum tons crushed per hour: N/A Tons Maximum tons screened per hour: 350 Tons Hours of crushing per day: N/A Hours of screening per day: 10 Proposed Controls: Proposed Controls: El Moist Material El Moist Material ❑Water Spray 0 Water Spray El Enclosure Type: El Enclosure Type: ❑Other(specify) ❑Other(specify) CRUSHING Maximum tons crushed per year: 20,000 Tons Maximum tons screened per year: 20,000 Tons Maximum tons crushed per hour: 250 Tons Maximum tons screened per hour: 150 Tons Hours of crushing per day: 10 Hours of screening per day: 10 Proposed Controls: Proposed Controls: r•-• 0 Moist Material ® Moist Material ®Water Spray 0 Water Spray El Enclosure Type: 0 Enclosure Type: ❑Other(specify) El Other(specify) J. CONVEYORS/TRANSFER POINTS Tons Of Material Conveyed Per Year 300,000-500,000 Tons. Tons Of Material Conveyed Per Day 2,500 Tons. Proposed Controls El Enclosure Type: (Complete or Partial) ®Other(specify) moist material,water spray if necessary Number Of Transfer Points : 25-30 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: 150,000 Tons Proposed Controls For Finished Product Stockpile: El Watering as necessary Times/Day ❑Chemical Stabilizer ❑ Compacting Of Piles ❑Enclosures Type: (Complete or Partial) ❑Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ❑Other(specify) L. RAW MATERIAL TRANSPORT FROM REMOVAL SITE TO STOCKPILE(S) Haul road distance(one way) 2,600 Feet Road surface silt content(if]mown) Posted speed limit on haul road 10 m.p.h. El Watering ❑ Frequent(Watering Frequency of 2 or More Times Per Day) As Needed 0 Chemical Stabilizer Gravelling Vehicle Type Capacity Empty Weight No. Of Trips Per/Day 1 18-Wheelers Tons Tons 2 10-Wheelers Tons Tons 3 4-Wheelers Tons Tons 4 6-Wheelers 45 Tons 32.5 Tons 200 M. FINISHED PRODUCT TRANSPORT (ON SITE) Amount of material for off-site transfer: Tons per year On-site haul road distance(one way) 400 Feet Road surface silt content(if known) Posted speed limit on-site: m.p.h. El Watering 0 Frequent(Watering Frequency of 2 or More Times Per Day) El As Needed ❑ Chemical Stabilizer • Gravelling Vehicle Type Capacity Empty Weight No. Of Trips Per/Day 1 18-Wheelers 25 Tons 15 Tons 55 2 10-Wheelers 16 Tons 12 Tons 50 3 4-Wheelers 5 Tons 6 Tons 30 4 Tons Tons Revised October 2002 http:: ww.cdphe.state.co.usibp/stat ionary 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: 134.2+/- Acres Total Disturbed Area of Site: 89+/- Acres Proposed Controls: Watering ❑ Frequent(Watering Frequency of 2 or More Times Per Day) • As Needed 0 Chemical Stabilizer El Revegetation Revegetation Must Occur Within One Year Of Site Disturbance • Seeding With Mulch ❑ Seeding Without Mulch ❑Other(specify) Additional Sources of Emissions List any other sources of emissions and related controls(includes fugitive emissions) Signature of Legally Authorized Person(not a vendor or consultant) Date Name(please print) Title ♦ • Check the appropriate box if you want: ® 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-B1 4300 Cherry Creek Drive South Denver,CO 80246-1530 Revised October 2002 littp::;www.cdphe.state.co.tislaptationary.asp WATER QUALITY CONTROL DIVISION COLORADO DISCHARGE PERMIT SYSTEM APPLICATION DISCHARGES ASSOCIATED WITH SAND AND GRAVEL PRODUCTION OPERATIONS FOR STORMWATER and PROCESS WATER (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) This application is for use by all industrial process and/or stormwater dischargers engaged in sand and gravel production operations,and other nonmetallic minerals(except fuels). This application is for both active and inactive mining operations and concrete and asphalt batch plants at the mine. This application is for coverage under a general or individual permit. This form may be reproduced. For information on electronic copies,please contact the Permits and Enforcement Section at(303)692-3500. It is suggested that the applicant contact the Division of Mining and Geology at the Colorado Department of Natural Resources,concerning reclamation rules and regulations at (303)866-3567. WATER RIGHTS The State Engineers Office(SEO)has indicated that any discharge that does not return water directly to surface waters(i.e.land application, rapid infiltration basins,etc.)has the potential for material injury to a water right. As a result,the SEO needs to determine that material injury to a water right will not occur from such activities. To make this judgement,the SEO requests that a copy of all documentation demonstrating that the requirements of Colorado water law have been met,be submitted to their office for review. The submittal should be made as soon as possible to the following address: Colorado Division of Water Resources 1313 Sherman St.Rm 818 Denver,Colorado 80203 Should there be any questions on the issue of water rights,the SEO can be contacted at(303)866-3581. It is important to understand that any CDPS permit issued by the Division does not constitute a water right. Issuance of a CDPS permit does not negate the need to also have the necessary water rights in place. It is also important to understand that even if the activity has an existing CDPS permit,there is no guarantee that the proper water rights are in place. GENERAL INSTRUCTIONS Application Due Dates: At least thirty(30)days prior to the anticipated date of discharge,the owner(or operator if the owner does not operate the facility)of the facility shall submit an application as provided by the Water Quality Control Division(the ADivision@). Permit Fee:Do not send any payment with this application. You will be billed once you are covered under a permit. Application Completeness: All items of the application must be completed accurately and in their entirety or the application will be deemed incomplete,and processing of the permit will not begin until all information is received. If you have questions on completing this application, you may contact the Division at(303)+692-3500. Two copies of the completed application shall be submitted,only to: Colorado Department of Health WQCD-P&E-B2 4300 Cherry Creek Drive South Denver,Colorado 80246-1530 SPECIFIC INSTRUCTIONS Item 1,2- Provide the name and address of the permit applicant and property owner,including the company name,local contact,and mailing address. Indicate whether the applicant is the owner or operator of the facility. Include the applicant Federal Taxpayer Identification or Employer Identification number(nine digits). This number will be used as an identifier for billing purposes. Item 3- For the approximate center point of the property,both types of descriptions(legal,in terms of Township,Range and 1/4 section,and longitude/latitude,to the nearest 15 seconds)must be included. Item 4- The Standard Industrial Classification(SIC)Code or codes for the facility must be listed. SIC Codes are assigned according to the primary activities performed by a company. The first part of the SIC Code for most facilities covered under this general permit is 14. The second part of the code will indicate the type of mine,such as sand and gravel,clay or gypsum. (Also include the SIC Code for a concrete or asphalt batch plant if applicable.) See Appendix A for a summary list of SIC Codes. /."‘ ' Item 5= Identify the receiving water. Receiving waters are any waters which are contained in or flow in or through the state of Colorado(except for water withdrawn for use until use and treatment have been completed). This definition includes all water courses,even if they are usually dry. Item 6- Self explanatory. Item 7- Indicate whether or not your facility has or is subject to the following environmental permits(not including the one now being applied for): a) Indicate your Mined Land Reclamation Board permit number in item 7.a. The anniversary date of your mining permit issuance by the Colorado Mined Land Reclamation board is also required. b) If you currently have a permit from the Division for the discharge of stormwater,include the number in item 7.f. Item 8- This application covers the discharge to receiving waters of two types of effluent:process water and stormwater. It is anticipated that,generally,all nonmetallic minerals production operations will come under the stormwater portion of the application,while only some of the operations will also have a discharge of process water. Process water discharges: Submittal of this application is required if you discharge any process waters. Process generated wastewaters include:product wash water,maintenance/equipment wash waters,transport waters,scrubber waters(crushers or classifiers),mine dewatering(groundwater and/or runoff),and stormwater runoff which mixes with process generated wastewater prior to sampling. If your discharge includes any of these sources,you must complete items 9- 19 of the application as well. If you answered no@ to all the questions,please skip to item 18. Stormwater discharges: Submittal of this application is required from nonmetallic minerals production operations if there is a possibility of discharge of stormwater that can come into contact with any overburden,raw material,intermediate products, finished products,byproducts or waste products located at the site of such operation,except as specified above under process water. For example,runoff from haul roads,equipment storage areas,or shipping and receiving areas would be considered a stormwater discharge. Item 9- This map is indicated to serve as an area map attachment to the permit. A legible submittal is required. The map should be on paper 8 2 x 11 inches. Item 10- This is a facility sketch for inclusion in the permit. A legible submittal is required. The sketch should be on paper 8 2 x 11 inches. Item 11 - If you answered YES to any of these questions,include an explanation of the situation. For example,explain why you suspect or know of groundwater contamination,and what has been done to remedy the situation. Include any applicable analytical data. Item 12, 17-Self explanatory. Item 18- This requirement applies to all facilities. Completion of a Stormwater Management Plan(SWMP)is required. (Submittal of the actual plan is not required.) The permit application shall include a signed certification that the SWMP has been completed. For a detailed list of SWMP requirements,see Appendix B of the application. Item 19- The application must be signed by both the operator and owner to be considered complete. The person who is applying for the permit(the owner or operator,as indicated in item 1)and who signs the application will be the legally responsible party. In all cases,it shall be signed as follows: a) 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 over-all operation of the facility from which the discharge described in the application originates. b) In the case of a partnership,by a general partner. c) In the case of a sole proprietorship,by the proprietor. d) 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. SAND AND GRAVEL 9/97 FOR AGENCY USE ONLY PROCESS WATER AND STORMWATER PERMIT NUMBER DISCHARGES ASSOCIATED WITH SAND AND GRAVEL PRODUCTION C O 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 I. Name and address of permit applicant: Company Name: Hall-Irwin Corttoration Federal Taxpayer(or Employer)ID#: 8 4-0 5 2 4 5 7 3 Mailing Address: P.O.Box 2150 City,State and Zip Code: Greeley,CO 80632 Phone Number:( 970 )539-1201 Local Contact(familiar with facility): Jeff Gregg Title: Resource Manager Phone Number:( 970 )539-1201 Fax No:( 970 )651-6372 Who is applying for the permit? ❑Owner MI Operator 2. Name and address of property owner: Name: Water Resources,LLC c/o Bret Hall Mailing Address: P.O.Box 2150 City,State and Zip Code: Greeley,CO 80632 Phone Number:( 970 )539-1201 Fax No:( 970 )651-6372 3. Location of the facility: Street Address: Site Access is WCR 58;+/-1055'NW of the intersection of WCR 58 and 471/2 City,State and Zip Code: Greeley,Colorado 80631 County: Weld Name of facility: Nissen Farm Resource Legal Location(Township,Range,section, 1/4 section): S'A Section 12,T5N,R65W of the 6"1 P.M. Latitude and Longitude: 40°24'34"N Latitude,104°36'53"W Longitude 3 4. Standard Industrial Classification(SIC)Code(s)for this facility. (Include up to four,in order of importance. See Appendix A.) a) 1440 b) 1442 c) 3273 d) 2951 �. 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.) Historic Drainage Swale:Ultimately South Platte River 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 and Gravel mining,crushing,material washing,asphalt and concrete batch plants,material recycling. Facility is not vet operating. 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 X May 2003 M-2003-01 (formerly MLRD) b.) Underground Injection Control X c.) Dredge or fill permit under Section 404 of the Clean X Water Act(CWA)(Army Corps of Engineers) d.) Resource Conservation and Recovery Act(RCRA) X e.) CDPS Stormwater X November 2003 f.) Colorado State Air Pollution Emission X November 2003 g.) Other If Yes to item 7.a),please include Colorado Division of Minerals and Geology(Mined Land Reclamation Board)permit anniversary date: Not vet issued 4 8. Stormwater vs.Process Water Do you discharge any of the following process generated wastewaters from your facility,to state waters? No❑Yes Product wash waters ▪No❑Yes Maintenance/equipment wash waters ▪No❑Yes Transport waters(e.g.,slurries) ▪No❑Yes Scrubber waters(crushers or classifiers) ❑No•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 NO 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? ❑No Yes b)Is this operation located within one mile of a landfill,or any mine or mill tailings? No ❑Yes c)Does the dewatering area have or possibly have groundwater contamination,such as Plumes from leaking underground storage tanks,etc.? II No ❑Yes If YES 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? • No ❑ Yes If YES, list here,and include the Material Safety Data Sheet(MSDS): Chemical Name" Manufacturer Purpose In Which Waste Stream? * 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? •No ❑ 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.)? Pump Capacity r"--^ 6 15. Dutfalls -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 001 Groundwater 1.5 MGD Settling Pond 1.5 MGD Swale/South Platte River 002 Groundwater 1.5 MGD Settling Pond 1.5 MGD Swale/South Platte River *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/1) pH(s.u.) Total Dissolved Solids(mg/I) COD(mg/I) Total Suspended Solids(mg/I) Oil and Grease(mg/I) 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? Fall 2003/Spring 2004 What is the estimated life of the activity from which the discharge(s)identified in item 15 originate? 15 years. fir 18. STORMWATER 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 Applicant: Date Signed: Name(printed) Jeff Gregg Title Resource Manager 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." Signature of Owner Date Signed Name(printed) Bret Hall Title: Owner Signature of Operator Sn Pe Date Signed Name(printed) Jim McFarland Title: Vice President 8 APPENDIX A r INDUSTRY SIC CODES(Summary) SIC Code SIC Code Category/Industry Type Permit Permit Notes Type 1400 Mining and Quarrying of Nonmetallic Minerals,Except Fuels 1410 Dimension stone (a) SG 1411 Dimension stone;mining and quarrying of dimension stone 1420 Crushed and broken stone, including riprap 1442 Crushed and broken limestone (a) SG 1443 Crushed and broken granite (a) SG 1429 Sandstone,and crushed and broken stone not elsewhere classified (a) SG 1440 Sand and Gravel 1442 Construction sand and gravel (a) SG 1146 Industrial sand (a) SG 1450 Clay,ceramic,and refractory minerals 1455 Kaolin and ball clay (a) SG 1459 Shale,clay,ceramic, and refractory minerals,not elsewhere classified (a) SG 1470 Chemical and fertilizer mineral mining 1474 Potash,soda,and borate minerals (a) SG 1475 Phosphate rock (a) SG 1479 Chemical and fertilizer mineral mining,not elsewhere classified (a) SG r.480 Nonmetallic minerals services,except fuels 1481 Nonmetallic minerals services,except fuels-removal or overburden,strip mining,etc. (a) SG 1490 Misc. Nonmetallic minerals,except fuels 1499 Borrow pits,misc.Nonmetallic minerals not elsewhere classified, Such as gypsum,mica,peat,pumice,talc,etc. (a) SG 2951 Asphalt batch plants (b) SG,C,L 3273 Ready-mix concrete facilities (b) SG,C,L Notes: (a) For this SIC Code,a stormwater permit is required only if runoff contacts overburden,raw material,intermediate or finished product,or waste products. (b) Asphalt and concrete batch plants at sand and gravel operations may be covered under permit SG; facilities at construction sites may be covered under permit C; other facilities,including mobile plants,may be covered under permit L. Permit types: SG: Sand and Gravel General Permit(Permit No. COG-500000) C: Construction General Permit(Permit No.COR-030000) L: Light Industry General Permit(Permit No.COR-010000) r A-1 APPENDIX B-STORMWATER MANAGEMENT PLAN(SWMP) 9/97/sg In this document,the text in bold italics is quoted directly from the Sand and Gravel general permit. The text in straight type is provided as guidance in the preparation of your SWMP. :he requirement to develop a Stormwater Management Plan(SWMP)prior to application for the general permit applies to all facilities. The applicant shall develop a SWMP for their facility, and certify in Item 8 of the application that it has been completed. The SWMP shall be prepared in accordance with good engineering practices. (The plan need not be completed by a registered engineer.) 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 and ensure the implementation of Best Management Practices(BMPs)which will be used to reduce the pollutants in stormwater discharges associated with mining activity. BMPs are defined as physical,structural,and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water. Mining operations must certify the completion of their SWMP,as described in this document. Implementation of the plan will be required at the time that coverage under the general permit begins. The Division reserves the right to request and review the plans,and to require additional measures to prevent and control pollution,as needed. When preparing your plan,make sure to address each item. If it is not applicable to your site,briefly explain why. A simple "Not Applicable" is not enough. Also note that the SWMP should include any existing stormwater controls at your site,not just new or proposed ones. Take full credit for what you are already doing. The SWMP shall include the following items,at a minimum: I. 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 - Materials handling areas - Each existing structural control measure to reduce pollutants in stormwater runoff - Areas used for storage or disposal of overburden, materials,soils or wastes - Areas used for mineral milling and processing - Springs, streams, wetlands and other surface waters - Location of mine drainage or any other process water - Boundary of tributary area that is subject to effluent limitations - Date the map was prepared The drainage areas shown should include the portions of the site where industrial activities occur,as well as those portions contributing stormwater that mixes with runoff from the industrial area. Therefore,the entire drainage area where industrial activities occur must usually be included. Aside from mining,industrial activities can include equipment washing, materials storage, vehicle maintenance or fueling,incineration, waste treatment,storage or disposal, shipping/loading/unloading,etc. You do not need to include industrial activities which only take place indoors, unless there is some part or aspect of the activity with which stormwater could come in contact. For example, if all vehicle maintenance is done indoors,but vehicle storage or fueling is outside,the vehicle storage or fueling area must be addressed. .It is a good idea to start with a portion of the USGS (U.S. Geological Survey)quadrangle map showing the site. These are available and easily obtainable for the entire state;they show a large amount of information for very little effort. You can then use the USGS map as a guide for preparing your site map, which will be more detailed. Regardless of the source of the base map, the site map needs to be of suitable scale to show the industrial portion of the facility and the features within it. ^6 Locations of stormwater outfalls: If the site has a stormwater drainage system,the location of outfalls is a simple task. Indicate on the map where pipeline outfalls are,as well as the general layout of the drainage system such as inlets,grates,pipelines,etc. If stormwater is conveyed over land without a developed storm drainage system, the points where runoff collects and runs off must be located. 6 Drainage basins for each outfall: Field inspection can usually accomplish this task with acceptable accuracy. Look for high areas such as crests of parking lots, roads,etc. which would form the division between drainages. Gullies and swales are indicators of stormwater flow direction. Obviously,if runoff is observed during a storm,most uncertainties can be eliminated. 6 Surface water bodies(including dry water courses): Mark on the site map any surface water bodies, including lakes,streams,springs, wetlands,detention ponds,roadside or irrigation ditches,etc. These do not necessarily need to be within the facility,but may be adjacent to it or impacted by stormwater runoff. Also include any existing storm sewers. 6 Existing structural control measures to reduce stormwater pollution: Show on the map the location of any structural stormwater pollution control measures, such as detention ponds,diversion ditches, covered material storage areas,fuel farm secondary containment structures,etc. In addition,there are several other features which could be included to make the SWMP a more comprehensive and usable plan. For example,later sections of the SWMP will include requirements for spill prevention procedures, which can include a site map showing where materials are stored. By including the following items on the site map,all information would be in one place on a single base map. 6 Materials handling and loading areas 6 Materials storage areas 6 Paved and unpaved areas(for hydrologic assessments) 2. Description of Potential Pollutant Sources/Material Inventory The plan shall provide a description of all potential sources(activities and materials)which may reasonably be expected to add pollutants to stormwater discharges. Such sources may include haul roads, equipment storage and maintenance areas,fuel storage areas, etc. In each case where stormwater pollution potential exists,appropriate preventive measures must be taken and documented. This section of the SWMP summarizes the existing potential for stormwater contamination at the site. It is a narrative description which states what is stored, where it is stored,how it is used,what has been used,etc. These can include such pollutants as fuels,oils, detergents,pesticides, herbicides,fertilizers,etc. 3. Storm water Quality Controls Each mining site covered by this plan 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 description of stormwater quality controls shall address the following minimum components, including a schedule for implementing such controls: This section of the SWMP,when completed,will spell out what the facility is doing to control stormwater pollution,what the facility will do in the future,when Best Management Practices(BMPs) will be implemented,and who at the facility is responsible for the plan. a) SWMP Administrator- The SWMP shall identify a specific individual or individuals within the mining organization who is i"1 responsible for developing the SWMP and assisting the mine operator in its implementation, maintenance, and revision. APPENDIX A -SWMP(cont.) Page B-3 The SWMP Administrator becomes the contact for all SWMP-related issues and is the person responsible for its accuracy, completeness,and implementation. Therefore, the SWMP Administrator should be a person in an authoritative position. Larger facilities may want to develop a"SWMP team" in order to share the responsibilities and generate greater awareness and participation. b) Materials Handling and Spill Prevention - Where materials can impact stormwater runoff BMPs that reduce the potential for contamination shall be described. For example, materials should be stored and handled in covered areas whenever possible to prevent contact with stormwater;fuels and other chemicals should be stored within berms or secondary containment devices to prevent leaks and spills from entering stormwater runoff. When selecting BMPs, the most important ones to evaluate first are those which limit the source of the pollutant. It is much more efficient,from both a cost and environmental standpoint,to prevent the pollution in the first place than to clean up contaminated stormwater. For example,a BMP requiring that any vehicle maintenance that involves fluid exchange must take place indoors,results in the removal of a pollutant source(i.e.,oil/hydraulic fluids)from possible contact with stormwater. Good housekeeping measures, such as cleaning and maintenance schedules,trash disposal and collection practices,grounds maintenance,etc.,can be included here. c) Erosion and Sediment Controls- Describe 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)methods. BMPs can describe a wide range of management procedures,schedules of activities, prohibitions or practices and other management practices. BMPs can include operating procedures,treatment requirements and practices to control plant site runoff,drainage from raw materials storage,spills or leaks. Nonstructural BMPs are mainly definitions of operational or managerial techniques. Structural BMPs include physical processes ranging from diversion structures to oil/water separators to retention ponds. The BMPs selected are up to the judgment of the individual permittee. However, it is important to note that a fully rimplemented SWMP will constitute compliance with Best Available Technology(BAT)and Best Conventional Technology ,BCT),as mandated under the Federal Clean Water Act. This means that, in order to comply with your permit,the appropriate measures must be taken in keeping with the pollutant(s)involved and the risk potential at the facility. d) 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 COPS Industrial Wastewater Discharge permit and are considered Allowable Non-Stormwater Discharges. Flows from fire fighting activities, landscaping irrigation return flow or springs(except spoil springs)that are combined with stormwater discharges associated with industrial activity must be identified in the SWMP. In other words,only stormwater can be conveyed by the stormwater drainage system. Examples of potential illicit connections include floor drains and toilets in maintenance buildings,chemical storage buildings,etc. There are several methods of determining whether or not illicit connections exist. Acceptable procedures include dry weather observations of outfalls or other appropriate locations,analysis and validation of accurate piping schematics,dye tests,etc. Note-if illicit connections are discovered,corrective measures must be taken. r 1, F E 'S-- :t ,.? `4' 4W( trAtiC t ; i `ry✓' • .r�, d k °- #,"' Tom , �.' ,-• `T �� mg NOTICE inns - A PUBLIC NEARING CONCERNING i • THIS PROPERTY WILL BE HELD AT: '. -- Is 'cm sit _ A*acY,co aeral d.y III I_ _,z�Ar I_ , NAME i� LIRA.,, y, WISEST 0.eMl M coe. CASE II 1SR_1�1 T t '` FOR MORE INFORMATION CALL t WELD COUNTY DEPARTMENT OF - PLANNINC SERVICES AT F (676)3S3-6IN ext.3546 T )*:rt MEMORANDUM TO: Board of County Commissioners COLORADO DATE: November 19, 2003 FROM: Kim Ogle, Planner III SUBJECT: Hall-Irwin, USR-1435: Nissen Farm Resource Conditions of Approval The Department of Public Health and Environment and the Department of Planning Services requests that the following conditions of approval be stricken from the record as the applicant has met the condition. Heading: Prior to recording the plat: Item 2.B The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment for emissions of criteria, hazardous or odorous air pollutants. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) APEN has been submitted and is approved by County Health Item 2.C The applicant shall submit a dust abatement plan to the Environmental Health Services, Weld County Department of Public Health & Environment, for approval prior to operation. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Dust Abatement Plan has been submitted and is approved Item 2.E If applicable, a CPDS Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. Written evidence of approval shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) Colorado Discharge Permit System has been submitted and is approved by County Health Item 2.F The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. (Department of Public Health and Environment) Waste Handling Plan has been submitted and is approved. Heading: Prior to operation: Item 3.6 All gravel trucks and other vehicles leaving the site shall not bring foreign materials onto the roadways on their tires. The applicant shall pave a distance of one truck length from the service yard to the public roadway. (Sheriff) Strike note, addressed in Development Standard # 28 EXHIBIT List, 41435 Item 3.G The off street parking and loading zones shall be surfaced with either gravel or the equivalent and shall be graded to prevent drainage problems. (Department of Public Works) Strike note, addressed in Development Standard #24 Item 3.H The historical flow patterns and run-off amounts will be maintained on site in such a manner that will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) Strike note, addressed in Development Standard # 25 End Memorandum COUNTY OF WELD, STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT DRAFT THIS AGREEMENT, made and entered into this day of , 2003,by and between the COUNTY of Weld, State of Colorado,hereinafter called"COUNTY" and Hall Irwin Corporation-Nissen Farm(USR-1435), hereinafter called"HALL IRWIN". WHEREAS, HALL IRWIN has acquired land use permits from the COUNTY for gravel mining and materials processing,an asphalt and concrete batch plant,a concrete recycling facility,and a materials sale yard on 125.88 acres located in part of the south ' of Section 12, Township 5 North,Range 65 West of the 6th P.M., Weld COUNTY, Colorado and WHEREAS, the gravel pits and plant site shall generate an increase in heavy truck traffic, and WHEREAS,the existing COUNTY roads that serve the gravel pits and plant site shall require increased maintenance and improvement due to the increase in heavy truck traffic, and WHEREAS, COUNTY and HALL IRWIN have reviewed maintenance and improvements proposals put forth by HALL IRWTN, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said gravel pits. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, COUNTY and HALL IRWIN mutually agree as follows: 1. HALL IRWIN will provide for the duration of any material haulage from its HALL IRWIN Pit operation (permitted as USR-1435, with the legal description as part of the south Yz of Section 12, Township 5 North, Range 65 West of the 6th P.M., Weld COUNTY, Colorado A. All haul trucks will exit the site via the main access point on to Weld County(WCR) 58. From WCR 58, 30%of the traffic will travel west and the remaining 70%will travel east to WCR 47.5 then south to U.S. Highway 34 and disburse east or west. From this disbursement, the designated haul route is WCR 58 from Fern Avenue, east to WCR 47.5 then south to U.S. Highway 34. B. The applicant shall provide additional improvements to the designated haul route. The improvement shall include: a. Intersection -WCR 58/WCR 47.5: The applicant shall provide a plat drawing of improvements indicating turning movements at this intersection to accommodate tractor trailers traveling both northbound and southbound. Widening will be required at the intersection to accommodate turning radiuses. b. Intersection - U.S. Highway 34 / WCR 47.5: The right turn radius should be widened to accommodate trucks turning westbound on to U.S.Highway 34. There is 1 monrr • 3- a decel lane and a left turn slot in place; verify with CDOT for any additional requirements. c. All proposed lanes and turning radiuses shall be widened to accommodate trucks. The intersection design improvements shall take into consideration the right-of-way, drainage, utility, and other such issues. d. Existing Road Status: The Weld County Public Works Department has evaluated the existing road status of WCR 58 and WCR 47.5 for additional the overlay requirement to accommodate the proposed heavy hauling on this route. The materials department has evaluated the structural integrity of the designated haul route and recommends the following: From the main entrance to WCR 58 to the intersection of WCR 47.5, a 1.5-inch overlay will be required. On WCR 47.5 south to U.S. Highway 34, a 2.5-inch overlay will be required at this location. Both additional overlays and shoulders are required to accommodate the proposed heavy hauling on this route. e. A construction drawing will be required for review and approval at all intersections showing the typical roadway cross section with shoulders, turn lanes,radiuses, and pavement markings. £ Engineering design and constructing plan shall be the responsibility of the gavel hauler. A construction drawing shall be provided by the applicant with approval by the Weld County engineer or his representative. g. The applicant warrants and guarantees that all improvements and/or workmanship for a period for one year. _7. HALL IRWIN agrees to excavate, repair or patch any damage on said road that has been created by heavy truck hauling from HALL IRWIN Pit gravel pit. The type of repair should be determined by the County Engineer or his representative. . There will be an annual inspection in the spring of the roadways to determine actual conditions and what work is to be performed that summer if any repairs are needed. There shall be a thirty(30) day time period from receipt of written notice that the repairs will be completed. 3. At any time in the future, when road damage has increased beyond the point that repair or damage can reasonably restore the road, HALL IRWIN will proportionate cost share base on truck traffic with heavy hauling using the haul route in the reconstruction of those parts of said road. The share will be determined by dividing the volume of the site generated trucks by the total volume of trucks. The COUNTY will provide the traffic volumes. 4. The applicant will provide testing services and inspection for the construction. The County will only provide oversight. A registered professional engineer shall provide the County with a letter that certifies the proper installation of the improvements. 2 5. ALL IRWIN shall address all the Colorado Department of Transportation (CDOT) access issues at the intersection of U.S. Highway 34 and WCR 47.6- 6. Prior to the start of mining, Weld COUNTY and HALL IRWIN will inspect the roads covered under this Agreement to insure that the operator will not be responsible for damage previously incurred. 7. Failure of either party to perform any of its respective obligations hereunder by reason of acts of God,strike,or acts of any governmental agency or authority having jurisdiction over matters set forth herein shall excuse timely performance of such obligations, but shall not excuse the performance of such obligations as soon as reasonably practical. The parties may, however, mutually consent to excuse a party from performing any obligation, in whole or in part, upon a showing that performance has been rendered impracticable by reason of FORCE MAJEURE. 8. This Agreement may not be assigned in whole or in part by either party hereto without the written consent of the other party. Such consent will not to be reasonably withheld, conditioned, or delayed. 9. If any clause or provision of this Agreement is illegal, invalid,or unenforceable, then it is the intention of the parties that the remainder of this Agreement shall not be affected. 10. Should HALL IRWIN sell its operation,cease operating, file bankruptcy,or in any way release ownership and responsibility of the permitted property, this Agreement as set forth herein, shall be terminated. If the aforementioned release should occur, HALL IRWIN shall give a minimum notice of ninety(90) days to the COUNTY before the date of termination. If the aforementioned release should occur,the COUNTY shall have the option of immediately terminating this Agreement. Notwithstanding the teens of this paragraph, the requirements of USR-1435 shall not be waived by the terms of this paragraph and the failure to have a maintenance Agreement in effect may be grounds to revoke USR-1435. 11. All construction and materials controls for a project will be in accordance with the current Standard Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado Department of Transportation. During construction, signage shall be posted in accordance with the most current Uniform Manual on Traffic Control Devices. 12. t is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties,and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 13. Indemnification: To the extent authorized by law, HALL IRWIN agrees to indemnify, save, and hold the COUNTY harmless from and against any and all claims, damages, losses, and judgments, which may be suffered or incurred by the COUNTY as a consequence of any breach by HALL IRWIN of its obligations and duties set forth in this Agreement on those portions of the haul route described in this Agreement. In the event that any dispute shall arise under this Agreement, the prevailing party in such dispute shall be entitled, in addition to any other relief to which such party may be granted, to recover its reasonable attorney's fees and court costs incurred in connection with the resolution of such dispute. 14. By entering into this Agreement, the parties do not intend, either expressly or implicitly, to create a joint venture or partnership. Except as provided herein,neither party shall have the right or authority to act for, or on behalf of, or to enter into any obligations which are binding on the other party to this Agreement. 3 15, All notices to be given under this Agreement shall be in writing and delivered in person,or mailed by certified or registered U.S.Mail, or sent by a nationally recognized overnight delivery service,to the party to receive such notice at the following addresses: Weld County Board of Commissioners (COUNTY) P.O. Box 758 Greeley,CO 80632 Hall Irwin Corporation(HALL IRWIN) 3026 4th Avenue Greeley, CO 80631 All notices shall be effective upon receipt by the party to receive such notice, or by the third day following deposit of said notice in U.S. Mail,or the first day following deposit of acknowledgment of refusal of delivery of said notice. IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement the day and year first-above written. WHEREFORE,parties have hereunto set their hands and seals the date and year first written above. ATTEST: HALL IRWIN CORPORATION By. • By: ATTEST: BOARD OF COUNTY COMMISSIONERS • WELD COUNTY,COLORADO Weld County Clerk to the Board By: By: Deputy Clerk to the Board David E.Long, Chair • M:IWPFILES\AGREEMNI\Road-ImProv\HALL IRWINFarms-agr.doc 4 * I •ZiAl tA in ,�.w. . ,.1\MSSNLORIARMNSNYNWQREC-PLNl,l,1Y:pre ..—' ,,,.(••: .•1.c.':7,2-D ... . .-e... gli �•. ••.. . ( : ../ �' .s ••• A �/f�,�ft ; 1 \ 1 k A' \ 1 i o 0,CP d - A s.• In \ 1— VI \ �' \!1J �` - I 1 ❑--� .( 6/ . M €g \' ❑ mu, \ ( \ a \ :: -,s; ..161104 84 . „ is;l , yl gigiill 0 ir litis ys,tm A .i. . i r t a pi q ICY .\ -.. \ pypy 9�L 1 - Ig . ❑I ' # 8 a en agggg CK) € S JOT MU lir n R� y 5.o igxt 5 IF • a� 4 Bli, a 1544 E. 9 g'; A ° g g fP Q . -. sIt J fo - -ItpAi gg I''•>51> gi g E _ cc6 a 3 IF rgy CI i6 t gi ilgiieiih ;11)-! 9� I a 'tEt -pi% 0 % IP I q h A"O hji!EIM Ng% 1 ki a , :bil 1€ �� R tip G lea P110 °>>irmiJ 56!_ I L ❑ 6 t -� PI. 9a bat5 iItM >g ii41 i.i a �� %I -i.1 a gt� g Ikt E 211 II g a € g 7 ink g X. is g g NISSEN FARM RESOURCE, HELD COUNTY, COLORADO NO REVISIONS NO BY I ;6 MLRB 112 PERMIT ri TETRA TECH RMC s ; EXHIBIT C MINING PLAN MAP bJ 1900 S. SUNSET ST.,SURE LONCMONI.CO 6050, TEL 3017)15262 METRO 303665.6283 FIX 303.6656959 °' s � ° u41 I _IRWIP1 CORPORATION I.) git A' ...... , vis 0 II ; , Pi ��t __ 1:1,1 1 4 9 ar �// ':• LI:Ir •li N I // O 1,1 1 is‘ 1' 11 - 11 11 ,. it 1 II 11 r I r .• 11>�� / ; at I,la 7 . 4Hat /7 f 15:7 ti r-�i 13 .- -- 400 0 400 000 Fit L N Figure 2 LEAF EN ibnalhI[; W E Nissen Gravel Pit August 2 EXHIBIT S Existing Alluvial Gradient Eeet m i R4VILL35 . .r err: Vii • , � �__ • w;,_ II O t`. )eI so IV OVA ail ^— \ H II \ x.11 Ii �' ICI it li ii t 0 il )0 1'y • • • ' ,/ I * e � ` j/ !i� �) r- 13 N 400 0 400 000 Feet W E s Figure LEAF ENGINEERING Nissen crave[Pit Future Alluvial Gradient August 2002 s with Slurry Wall Gnat nod ( ( b 0I V STAE�.ER® Nc 937 311E iii Engineer's Computation Pad I Y?L L CRasS SeC lore b u..J\/I Ad_ g i f Gi1o(»U-D Sutizc,G t r PY �, pup a 2 a— ,v€�� ......-- C UD W41---et r P L-4 in l(f) Nc 93? 8';E End roe Compataiinc Pad i -------- --- 1 —15;p I CAl— GZOSS Se-s-`rioN, AQUiF S-2 \tiVZ S, .P-Y wow_ g I i �-- 'zoo C cc�7 ScI FACC L I, r, --D, ! 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