HomeMy WebLinkAbout20011797.tiff ROCKY MOUNTAIN CONSULTANTS, INC. RII1C
Premiere Building
825 Delaware Ave., Suite 500
Longmont, CO 80501
(303) 772-5282
Metro (303) 665-6283
FAX (303) 665-6959
(first initial, last name)@long.rmcco.com
June 25, 2001
Ms. Lauren Light
Weld County Department of Planning Services
2400 North 17th Avenue
Greeley, CO 80631
RE: Hall-Irwin Corporation—2o° AMUSR—1172 —Baseline Site
RMC Job No. 80-0636.057.00
Dear Ms. Light:
The purpose of this letter is to satisfy the conditions of approval for AMUSR 1172 so that we may
schedule a Board of County Commissioners hearing.. Our response follows the order of the conditions
in the Resolution of Recommendation to the Board of County Commissioners.
A. Attached is a copy of the approval letter from the Division of Water Resources, Office of the
State Engineer indicating that the temporary substitute supply plan and well permit have been
approved.
B. Enclosed is the letter from Bob Sakata stating he has no conflicts with the case.
C. 1. Hall-Irwin Corporation has a full-time weed manager on staff. This person is responsible for
monitoring and controlling noxious weeds as they appear. Hall-Irwin typically prefers to
control weeds mechanically,by mowing and/or discing. If necessary, weeds will be killed
with a contact herbicide. Hall-Irwin employs two people who are certified to purchase and
handle the herbicides. In addition, they have all of the necessary equipment in house to
perform these tasks.
2. I have enclosed excerpts from the original application which explains how the property will be
revegetated.
3. The operator will continue to strip and stockpile the topsoil separately. The stockpiles will be
watered if necessary to prevent erosion. If topsoil stockpiles are in place for over one year, it
will be seeded with wheatgrass to prevent erosion.
D. Enclosed is a letter from the mineral owners stating that the oil and gas activities have been
adequately incorporated into the site design.
2001-1797
4 EXHIBIT
CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING E
ad ✓tinU
RMC
Ms. Lauren Light
June 25, 2001
Page 2
We would like to attend a Board of County Commissioners' hearing as soon as possible. Please call
me and let me know how I can help to expedite this process. Thank you for your assistance.
Sincerely,
R 1Y MO TAIN CONSULTANTS, INC.
(
Danna Ortiz
Natural Resources Planner
Attachments
cc: Jeff Gregg, Hall-Irwin Corporation
,••••••, H:\0636_057\Weld County\WeldResponse.wpd
r.
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1
OFFICE OF TI-L STATE ENGINEER
• COLORADO DiAASION OF WATER RESOURCtS
818 Centennial Bldg., 1313 Sherman St,Denver,Colorado 80203
(303)!166-3581
•
•
LIC
•
WELL PERMIT NUMBER 217950
T DIV. 1 WD 2 DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
HIBE LLC % KIM LAWRENCE SW 1/4 SE 1/4 Section 36
1011 ELEVENTH AVE Township 1 N Range 67 W Sixth P.M.
GREELEY, CO 80631
DISTANCES FROM SECTION LINES
(970)356-9160 374 Ft.from South Section Line
PERMIT TO CONSTRUCT A WELL 1451 Ft.from East Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested
water right from seeking relief In a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-802(3)(b)(I)and the policy of the State Engineer dated 4/9/85 for appropriation of ground
water tributary to the South Platte River River system.
r 4) Approved as the only well on a tract of land of 83 acre(s)described as part of the SE1/4 Section 36,township 1 North,
Range 67 West,Sixth Principal Meridian,Weld County,more particularly described on the attached exhibit'W.
5) Approved for the replacement and change in use of an existing well,permit no. 164121. The old well must be plugged
and sealed according to the Water Well Construction and Pump Installation Rules within ninety(90)days of completion of
the new well. The enclosed Well Abandonment Report form must be completed and submitted to affirm that the old well
was properly plugged and sealed.
6) The use of ground water from this well is limited to drinking and sanitary facilities as described in CRS 37-92-602(1)(c),
for a commercial business,being a scale house. Water from this well shall not be used for lawn or landscape irrigation or
for any other purpose outside the business building structure.
7) The total depth of the well shall not exceed 30 feet or the first confing clay/shale seris,whichever comes first and which
corresponds to the base of the alluvial aquifer.
8) The maximum pumping rate of this well shall not exceed 15 GPM.
li 9) The maximum annual amount of ground water to be diverted by this well shall not exceed 1/3 acre-foot(108,600 gallons).
10) The return flow from the use of this well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the well is located. The maximum
consumptive use of ground water shall not exceed 10 percent.
11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner(recorded at least annually)and submitted to the Division Engineer upon
request
12) This well shall be constructed not more than 200 feet from the location specified on this permit.
13) The use of this permit hereby cancels permit no. 164121.
PROVED d
.IAN ?G/ z �J�/tw (�'► /K�iiW
(Receipt No.0435146 slate DATE ISSUED JUN 0 1 1999 JUN U 1 2001
By
EXPIRATION DATE
5Q1-leAQ cAms, Scine. 111r;7-46aaa%
Weld County Planning Dept
ft
2_ 8 'zOO\
June 25,2001 RECEIVED
Ms. Lauren Light
Weld County Department of Planning Services
2400 North 17th Avenue
Greeley, CO 80631
RE: Hall-Irwin Corporation—2a°AMUSR— 1172—Baseline Site
Dear Ms. Light:
I am in agreement with and have no conflicts with Hall-Irwin Corporation's proposed 40-acre
expansion to the Baseline gravel operation.
Sincerely,
tt
Bob Sakata
President Sakata Farms
�cc RMC 825 Deleware Ave Suite 500 Longmont Co 80501
S Yank OR_ ft, {N i-11)v �� RZ 1 00 ),I ieTPk
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SOUTH 4TH AND BROMLEY LANE • BRIGHTON. COLORADO 80601 • TELEPHONE 303 / 689- 1889
rEyC4, }- from 0(18021 16cuAirt kiva- ?f %'t cireitalcran
tla difficulty after the reclamation has been completed The creation of the lakes will create
portunities for aquatic birds, mammals, and fish.
Topsoiling
The top six inches of soil is classified as topsoil. This layer includes the root zone of the grasses.
It will be stripped and stockpiled separately. By wing concurrent reclamation techniques, the
topsoil in the stockpile should only remain for one to two years. If the stockpile remains more
then one growing season, it will be seeded with Wheatgrass to prevent erosion.
Topsoil will be replaced in reclaimed areas in the same six inch depth.
Revegerarion
The purpose of revegetation is to re-establish the pasture grasses for cattle and horses in Phases 2
and 3. Slopes will be no greater than 3:1. The grasses were selected to be long lasting and
regenerate themselves. The ground will be fine graded and prepared for seeding. Fertilizers will
be used according to recommendations from the Soil Conservation Services. The operator will
contact the Soil Conservation Service periodically throughout reclamation for soil tests.
In Phase 1. the 8:1 slopes on the east and west sides of the lake are to be planted with wetland
vegetation as specified in the Corps permit. Other areas surrounding the lake will be planted
with the grasses recommended within this permit.
If a sianificant invasion of noxious weeds occurs.the area will be mowed periodically for
control. Weeds will be mowed before they go to seed during the first growing season.
Mechanical control will be used as a first priority. Chemical methods will only be used if no
other alternative produces acceptable results.
As mining operations are completed. the area will be graded and shaped. Runoff or excess water
from adjacent areas will not be allowed to flow over any of the slopes. Berms will be
constructed to divert this excess water and dispose of it in a safe and non-erosive manner.
The seedbed will be worked up and be weed free and firm at the time of planting. If the seed is
broadcast, the seeding rates will be doubled.
Based on the soils in the area. the following seeding mixtures are recommended:
Vaughn Side Oats Grama 30% 1.35 4PLS/ac.
Grenville Switchgrass 20% 0.5 #PLS/ac.
Lovington Blue Grama 20% 0.3 4PLSiac.
Barton Western Wheatgrass 30% 2.4 TPLS/ac.
- OR-
Barton Western Wheatgrass 30% 3.2 4PLSiac.
/- Luna Pubescent Wheatgrass 30% 3.6 4PLS/ac.
Lincoln Smooth Brome≥rass 40% 1.30 4PLS/ac.
E-3
PIllbe planted with a drill equipped with depth bands and press wheels. The seeded areas
then be covered with straw mulch at a rate of 4,000 pounds per acre. The straw will be
crimped into the soil to control erosion until the grass becomes established. Seeding will be
done between November 1 and May I and as soon as possible after fine grading is completed.
Cattle and horses will not be grazed on the revegetated areas for at least two years so the grasses
can become estabFahed
Wetlands species recommended for Phase 1 include:
Softstem Bullrush
Sloughgrass
Sedge
Trees and shrubs will be planted in clusters as indicated on the Reclamation Plan Map. Each
cluster will contain five to ten trees and ten to twenty shrubs. Trees will be selected from the
following list:
Willow Cottonwood Hackberry Honey Locust
Eastern Red Cedar Rocky Mountain Juniper Ponderosa Pine Scotch Pine
r Shrubs will be selected from the following list:
Winterfat Snowberry Native Plum
Sandcherry Rabbit Bush Siberian Peashrub
Sumac Lilac Tanarian Honeysuckle
Trees and shrubs will either be nursery grown or native collected stock. The newly planted trees
and shrubs will be watered from a truck for the first several years.
Reclamation will occur as mining progress throughout the life of the mine. During the fail those
areas mined during the past year will be graded with overburden and topsoil. Seeding and
mulching will generally occur in the fall.
E .
mY-22-2001 14 13 DIV WATER RESOURCES 303 866 3589 P.02/02
4OO1•lo
ROCKY MOUNTAIN CONSULTANTS, INC. R
InC
Premiere Building
825 Delaware Ave.,Suite 500
RECEIVED Longmont,CO 80501
(303)772-8282
metro(303)665.6283
MAR 2 0 2001 FAX(303)665-6969
(first initfo norn4)Olong.rmeco.com
March 9, 2001 will ENGINEER
'
COLO. : l 9IPA t
Mr. Bill McIntyre, P.E.
State Engineer's Office
1313 Sherman Street, Room 818
Denver,Colorado 80203
Re: Request for Approval of a Temporary Substitute Supply Plan for the Hall-Irwin
Corporation, Baseline Resource Aggregate Mine(M-97-058)
Dear Mr. McIntyre:
The purpose of this letter is to request approval of a gravel pit temporary substitute water supply
plan to allow gravel mining at the Baseline Resource aggregate mine near Brighton, Colorado.This
application is submitted on behalf of Hall-Irwin Corporation and requests approval for a 24 month
period from January 1, 2001 through December 31, 2002 (the Plan Years.)
A gravel pit well permit application and a check made out to the Division of Water Resources for
$1,403, including$60 for a gravel pit well permit, and $1,343 for the substitute water supply plan
review,are included.
DESCRIPTION OF FACILITIES AND OPERATIONS
The Baseline Resource aggregate mine is located in the southeast quarter of Section 36,Township 1
North, Range 67 West of the 6th P.M.,Adams County,Colorado adjacent to the South Plane River.
See attached vicinity map Figures 1 and 2. Figure 3 is an aerial photograph of the property taken in
May 1999. The Baseline Resource property encompasses two adjacent sites. Mining on the entire
site will take place during two sequential phases, each a year in length. The South Site is
encompassed by an existing slurry wall, while the North Site, is located outside the wall. Water
depleted from inside the wall will be considered a depletion that must be offset in total within each
year, but is not subject to any lagging schedule. Two sets of tables,one for each year, are attached.
Tables applying to the first year are labeled 1 - 1, 1 -2, etc. Second year tables are labeled 2- 1, 2-
2,etc.
During the first year, mining will take place in the North Site to excavate a future settling pond. All
necessary wash water will be taken from the source pond in the South Site and returned to the
settling pond(s) in the South Site (Figure 1.) During the first year, Hall-Irwin will also continue to
pump water from the pond on the South Site to the South Platte River in an effort to dewater the
area within the slurry wall,through a dewatering trench.
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CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING
TOTAL P.02
May 8, 2001
Ms. Lauren Light, Current Planner
Weld County Department of Planning Services
1555 North 17th Avenue,
Greeley, Colorado 80631
RE: 2°° AmUSR 1172—Hall-Irwin Corporation's Baseline Resource
Dear Ms Light:
I, Jeff Gregg as a representative for HIBE, LLC have reviewed the proposed plan for Hall-Irwin's
gravel operations on our property known as:
A parcel of land being a part of Southeast One-Quarter of Section 36, Township 1 North, Range 67 West
of the 6th P.m., County of Weld, State of Colorado and being more particularly described as follows:
Commencing at the South Quarter Corner of Said Section 36 whence the center of Section 36 bears north
00°02'00" west 2637.18', said line forming the basis of bearings for this description; Thence along the west
line of said southeast one-quarter north 00°02'00" west 1525.00' to the true point of beginning.
Thence continuing north 00°02'00" west 1041.00 feet; thence along the boundary of Lot B of Recorded
Exemption No. 1469-36-4-re 2070, recorded at Book 1638 Page 483 Reception No. 2585132 on 12-18-97,
the following two courses; 1) north 88°52'35" east 1575.14 feet; 2)thence south 00°02'00" east 1141.43
feet; thence along the boundary of Lot A+B of Said Recorded Exemption the following three courses; 1)
north 89°17'50" west 1275.00 feet 2)thence north 00°02'00" west 50.86 feet; 3) thence north 89°25'00"
west 299.98 feet to the true point of beginning.
Said parcel of land contains 40.011 acres.
Having reviewed the plan, I believe that our oil and gas activities on the above-described property have
been adequately incorporated into the design of Hall-Irwin's mining plan and have no objections to
such operations.
Si cerely,
eff Gregg
Representative for HIBE, LLC
yr 303 489 7107 P. 02
Si ..i i-rto STATES ENVIRONMENTAL PROTECTION AGENCY
i REGION 8
989 tat"STRCET - SUITE 300
owrri DENVER, CO 8 02 02-246 6
�. http.//WWW.epf,9oviregion0a
Ref 8ENF 7' MAY 2 2 2001
(_ RTZhTED MAIL
RET IglY_RECETPT iZ_VESTED
Mr. Jeff Gregg, Vice President
Hall-Irwin Companies
PO Box 519
Greeley, Colorado 80632
Mr. Peter Baurcr✓80
Ms. Cindy Baurer
754 Weld County Road 23%
Brighton, Colorado 80601
Mr. Carl Eiberger
754 Weld County Road 23%
Brighton, Colorado 80601
Jeffrey W. Schwarz
Massey Semenoff Stern & Schwarz, P.C.
Attorneys at Law
730 17" St.
Suite 330
Denver, Colorado 80202
Re: Comments - Analysis of Impacts to Wetlands from Slurry
Wall Construction at Hall-Irwin Baseline Operation -
Brighton, Colorado -Findings of Violation and Order for
Compliance ("Order") -Docket No. CWA-8-99-23
Dear Mr. Gregg. Mr. and Ms. I3aurer, Mr. Eiberger, and Mr. Schwarz,
EPA has reviewed and evaluated the "Impact Analysis" (Analysis) document prepared by
Wright Water Engineers, Inc„ dated, September, 2000. Based on that review and analysis,EPA
has determined the following:
t EXHIBIT
wit AmuSe tna
303 489 7107 P_ 03
Wetlands were impacted as a result of the in EPA's order. These impacts include the direct impact of slurryorized tired
impact of decreased hydrology o the the in dredged or fill activities described
walll impacts on, the itimreth
slurry wall was constructed to the time the restoredtor' mitigation wetlands become ofullye time the
functioning. Therefore, EPA is requiring mitigation for all of these impacts.
You must submit a mitigation plan which includes.mitigation for the entire acreage of
wetlands identified by ERO in their 1997 delineation
mitigation for both the direct and indirect impacts i RQ sprformed this kind of analysis in
past enforcement actions and the same technique may be used here. The plan must also include a
calculation of the temporal impacts, and include mitigation for that acreage also. The plan must
address all of the items contain in the enclosed document, "Habitat Mitigation and Monitoring
Proposal Guidelines, San Francisco District Comps of Engineers".
B. The proposed restoration/mitigation options listed in the Analysis are deficient for the
following reasons;
1. Restoration - change the outfall point for the current dewatering discharge
This area is currently proposed for mining and therefore this is not a long-term solution.
2. Restoration - provide water to swale from existing sediment pond. This area is
also currently proposed for mining and therefore this is also not a long-term
there is no
guarantee of a natural water source, $-ternt solution. In addition
3. Restoration - provide water from the Brighton Ditch. This is also in an area
proposed for mining and the water source is not guaranteed.
4. Restoration - cessation of dewatering at Baseline. This is also inconsistent with
the mining plan and there is no guarantee of long-term natural hydrology,
5. Mitigation - creation of wetlands in new swale constructed west of phase 3.
This does not replace the functions and values of the wetlands that are lost. EPA would like to see
the mitigation in the same or approximately the same location (swale) as that which was lost
6. Mitigation- creation of wetlands around ski lake. This does not replace the
/Unctions and values of the wetlands that are lost and overlaps an existing commitment to
construct these wetlands per an existing Corp permit.
7. Mitigation - creation of wetlands h 40-acre parcel. The wetland hydrology in
this area is not guaranteed.
The mitigation proposed must mitigate for direct and indirect impacts, temporal impacts
(the time from the destruction of the wetlands to the time when the restored or mitigation
wetlands become fully functioning), provide for self-sustaining hydrology and be an in-kind
replacement for the wetlands that have been lost. Therefore, the mitigation must take into account
303 489 7107 P. 04
the mining and permitting schedule and provide for the earliest possible date for mitigation.
With these factors in mind, EPA believes it is feasible to evaluate possible mitigation in the
Phase 3 area of the existing mine, since the location and possible sources of hydrology appear to
meet the criteria for replacing the fimct.ions and values of the wetlands that have been lost and the
source of hydrology can be self-sustaining if the existing slurry wall is removed in whole or in pan
down to bedrock. EPA prefers to see a wetland mitigation plan that utilizes groundwater, rain
and snow melt and irrigation nm off(natural sources) over artificial water supporting the wetland
complex, EPA also prefers that the wetland mitigation be performed in the swale or perhaps in
phase 3 or a pottion of phase 3 mining area and in the approximate aligrunent of the old swale.
The mitigation site must have a deed restriction placed on it in perpetuity. A copy of this as it is
recorded in the county land office must be provided to EPA as a file copy. A mitigation plan
which address all of the above requirements and all of the elements of the guidelines contained in
Enclosure A of this letter must be submitted within 60 days of receipt of this letter.
Please contact me at(303) 312-6407 with any questions.
Sincerely,
ti?;(3}11-4414dd-N—..—,-
Barbara L. Con
klin
Wetlands Enforcement Program
Enclosure - (HABITAT MITIGATION AND MONITORING PROPOSAL
GUIDELINES-SAN FRANCISCO DISTRICT CORPS OF ENGINEERS)
cc, Jeffrey W. Schwarz (Massey Sentenoif', Schwarz& Bailey, P.t ) w/enclosure
David Mehan (Wright Water Engineers, Inc. ) wfenclosure
} tii 30.3 489 7107 P. 01
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EXHIBIT
303 489 7107 P. 02
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Q:P•.Sarah'sMaps\Basel i ne.cd r
N Prepared t
a Hall-Irwin's Baseline Rocky Mo_
Application ; Consultorm.
Not to Scale I Vicinity Map RrC
303 489 7107 P_ 03
The following needs to be clarified and or corrected on the Maps and
information in said "Amendment"_
v`/(et.
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\Ypi�Q The Baseline Resource Pit will be constructed into two different reservoirs;
Stillwater Ranch Reservoir to the North, as defined by the District Court Water Division
No. 1, State of Colorado, and the Walker Reservoir to the South, and these should be
indicated accordingly on all documents. The land structure between the two reservoirs
wilt be large enough to support the permanent east-west driveway along the South end of
our property.
The parcel ID numbers and ownership are not correct. These need to be corrected
on all documents including the use by special review(Mining Operation) Application.
Additional errors need to be corrected on Exhibit E —Reclamation Plan
(Mining/Reclamation Schedule).
The well that you indicate as abandoned on the maps — is not abandoned.
Additional property is indicated within the mining plan, which is not.
Our well (ski lake) is not identified, which it must be.
The pumping station and open trench adjacent to the current Southern curve in the
driveway will not be completed. The end piece of culvert has been placed in the river,
and because the rest of the culvert has not been installed the property floods. With the
spring run off about to raise the river height, time is of the essence. As the river rises, the
water backs up the culvert and damages our property, as well as the property and
agriculture crops to the South.
The completion date of our Southern permanent east-west driveway between the
Stillwater Ranch and Walkers Reservoirs will be extended, and the land where the current
non-permant road is cannot be used for anything else.
The non-use of the surface water in the Stillwater Ranch Reservoir, due to the
completion date extension, as well as the value of our surrounding property, will be
greatly affected.
As we have discussed over a year ago, there are still several bags of slurry wall
material (bentanite), which are open, and said material is spilling and blowing around on
the property. These bags are located in the Southwest portion of our property. Please
have them removed as soon as you can.
The large tree located just East of the Slurry wall on our property, needs to be
replaced with like kind and size. This tree was destroyed when the dewatering took
place.
•
Also, we have ideas for placement of some of the extra overburden, which may alleviate
additional expenses, labor and equipment costs, etc., incurred by Hall-Irwin in moving
the material several times.
Please correct the aforementioned inaccuries, errors and omitions in said documents and
forward the corrected to us for review, as well as answering the additional above
questions. We will require at least thirties days to review the documentation, and will
respond accordingly with any concerns, inaccuracies, and incomplete information which
we hope dose not continue to delay the process.
303 489 7107 P. 02
Carl Eiberger
303 S. Broadway B-200
Denver, Colorado 80209
(303) 880-4001
May 29, 2001
Jeff Gregg& Brett Hall
Hall-Irwin Corporation
P.O. Box 519
Greeley, Colorado 80632
Certified Mail No: 7000 1670 0000 7116 7052
Jeff& Brett:
This is in response to your letter dated May 23, 2001, and the Amendment Application
("Amendment') for the Baseline Resources. Permit M-1997-058 dated March 2001.
In your letter you state that this Amendment will not affect our property, which is not
correct. It will have a great impact on the property and us. Every day that Hall-Irwin is
mining in this location, costs us considerable in lost revenue.
r
The letter dated May 23, 2001, contains numberous inaccuracies as well. You drafted the
tease, and it was your idea to add the language requiring our consent.
You have not corrected the inaccuracies, errors and omitions in the("Amendment"), or
compensated us for the impact. After these are corrected, forward the documents to us
for our review. We will require thirty days to review the corrected documentation.
The continued inaccuracies, errors and omitions may delay the process and may also be
the reason that Hall-Irwin may have created violations with the Environmental Protection
Agency.
We are quite surprised that you would not want the errors in the documentation corrected,
as well as demanding that we sign off on it.
We requested that you correct the information and send it to us for our review, and
compensate us for the impact. Instead, you send us an incomplete letter, and state you
will assume our consent and permission unless you hear from us within 10 days of the
date of your letter. You cannot assume our consent, and or permission, at any time.
Govern yourselve and actions accordingly.
r" .�K t erger
i EXHIBIT
�. 14
dAmuse ]
303 489 7107 P. 03
cc: Cindy& Pete Baurer
cc: Kay& Bill Shafer
cc: Weld County Planner, Lauren Light
cc: Rocky Mtn., Consult, Danna Ortiz
cc: Kissinger& Pellman, P.C.
r
303 489 7107 P. 02
To: Danna Ortiz
Rocky Mtn Consult.
303-772-5282
303-665-6959 fax
May 22, 2001
From: Carl Eiberger
Stillwater Ranch
303-880-4001
303-722-5767 fax
Total pages including this cover sheet: 4.
Danna,
Enclosed is the information we spoke about on the telephone.
Brett has been forward the enclosed documentation, as well as additional
information on April 17, 2001, and we hope he will be addressing all of
the items with us in the near future. We are still waiting to hear from him.
If you have any questions, please feel free to call us at the number above,
or Pete& Cindy Baurer, at 303-637-7771.
The typed information is an excerpt from said letter to Jeff Gregg & Brett
Hall,Hall-Irwin Corporation, Certified Mail No: 7099-3220-0002-7269-
3807, dated April 17, 2001.
Thank you,
Carl Eiberger
cc: Pete& Cindy Baurer
Cc : k.,to 1-.)L O, wG A/wr..e^
. EXHIBIT
drd AniUSQ 1172..
303 489 7107 P_ 03
•
• The following needs to be clarified and or corrected on the Maps and
information in said "Amendment".
i^ 4\, The Baseline Resource Pit will be constructed into two different reservoirs,
Stillwater Ranch Reservoir to the North, as defined by the District Court Water Division
No. 1, State of Colorado, and the Walker Reservoir to the South, and these should be
indicated accordingly on all documents. The land structure between the two reservoirs
will be large enough to support the permanent east-west driveway along the South end of
our property.
The parcel ID numbers and ownership are not correct. These need to be corrected
on all documents including the use by special review (Mining Operation) Application.
Additional errors need to be corrected on Exhibit E —Reclamation Plan
(Mining/Reclamation Schedule).
The well that you indicate as abandoned on the maps —is not abandoned.
Additional property is indicated within the mining plan, which is not.
Our well (ski lake) is not identified, which it must be.
The pumping station and open trench adjacent to the current Southern curve in the
driveway will not be completed. The end piece of culvert has been placed in the river,
and because the rest of the culvert has not been installed the property floods. With the
spring run off about to raise the river height, time is of the essence. As the river rises, the
water backs up the culvert and damages our property, as well as the property and
agriculture crops to the South.
The completion date of our Southern permanent east-west driveway between the
Stillwater Ranch and Walkers Reservoirs will be extended, and the land where the current
non-permant road is cannot be used for anything else.
The non-use of the surface water in the Stillwater Ranch Reservoir, due to the
completion date extension, as well as the value of our surrounding property, will be
greatly affected.
As we have discussed over a year ago, there are still several bags of shiny wall
material (bentanite), which are open, and said material is spilling and blowing around on
the property. These bags are located in the Southwest portion of our property. Please
have them removed as soon as you can.
The large tree located just East of the Slurry wall on our property, needs to be
replaced with like kind and size. This tree was destroyed when the dewatering took
place.
Also, we have ideas for placement of some of the extra overburden, which may alleviate
additional expenses, labor and equipment costs, etc„ incurred by Hall-Irwin in moving
the material several times.
Please correct the aforementioned inaccuries, errors and omitions in said documents and
forward the corrected to us for review, as well as answering the additional above
questions. We will require at least thirties days to review the documentation, and will
respond accordingly with any concerns, inaccuracies, and incomplete information which
we hope dose not continue to delay the process.
le.tfr, .�uu: .".. L�__11 1
NAME 111- .txtr
IllitaueSTs'Aa)g.n yk4 4.:t#%le shY M
A PU*UC NEARING CONCERNING NM
_ PROPERTY WILL BE HELD AT 915. 10th
„. STREET GREELEY, COLORADO$0631,
ON-101 ctr, , ,.ilzs^,SAT _ 2. d.m
FOR MORE INFORMATION CALL TiIE
WELD COUNTY DEPT.OF PUNNING
SERECESE 354.4000
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