HomeMy WebLinkAbout20011626.tiff •
A.,
ENVIRO
CYCLE LLC
P.O. BOX 169, STERLING, CO. 80751
PHONE(970) 522-6470
November 22, 1999
Mr. Trevor Jiriceck,
Weld County Health Department
weld County
915 10th Street
Greeley, Colorado 80520
Lee Morrison, Esq.
Weld County Attorney
Weld County
915 10th Street
Greeley, Colorado 80632
Re: Enviro-Cycle, LLC
rase # USR-11.98, Oil and Gas Commission
Dear Sirs:
With regards to the points raised pertaining to Enviro-cycle,
the following is being submitted to each of you in response:
1. Condition #3 .A. Trevor has received and accepted the
plans stamped by an engineer as requested. To the best of our
knowledge, this point has been resolved.
2 . Condition #3 .2. As to the drilling logs, the Oil and
Gas commission who has jurisdiction over the well, has a copy of
the logs as mandated under their rules and conditions. Please
return the logs without copying or releasing them in any manner
since these are not public information and are held by the Oil and
Gas Commission. It is unclear as to how the Catmissioners had the
right to ask for such logs and they were submitted in good faith.
g EXHIBIT
2001-1626
4s21 t4 8
The Cil and Gas Commission holds such logs as private and
confidential until such time they become private and we are asking
that the logs be returned.
3 . Condition #3 .C. We believe that after Trevor' s
personal inspection of the plant, that the screen and cower issue
has been removed and is resolved.
4. Condition #3 .D. As to the materials of construction,
Enviro-Cycle believes that by virtue of having complied with the
development standArds and with the permit specification and having
abided in, met and passed all necessary inspections by both the
County and the Oil and Gas Commission including building
inspections, that all material stanciirds and issues have been met
and are now complied with and are presently resolved.
5. Condition #3 .G. As to the disposal of solids
generated during the injection process, it is believed that care
has been taken to address any and all spill potentiay's during the
transfer of the solids to disposal trucks for transportation to
approved disposal sites. There is a cement surface apron which is
protected by approved berms. The procedure is as follows: The
system is designed to remove all liquids from the residual solids .
The solids are then passed into a celuwletely sealed cement
collection containment coffer that sits above the cement apron as
approved by the Oil and Gas Commission. The system is designed to
leave only semi damp fines by having removed all moisture. There
will be no leakage or wet fines . The fines are dumped through trap
doers located at the bottom cf the coffers into a collection tray
that will allow no spill and then they will be removed by a vacuum
truck and shipped to an approved disposal sites as follows, the
Denver Regional Landfill, the Front Range Landfill, North Weld
Sanitary.
In the event of failure of the system and there are wet fines
with liquid, or if they cannot meet the paint filter test, they
will be disposed of at the Bennet Facility. Also, .in the event
that an asphalt batch facility cr an energy plant would be takings
the fines due notice will be given to the Health Department, and
the County, and the Oil and Gas Commission.
Please be advised that there is a very specific issue of prior
contamination on this pruuerty that needs to be addressed and
acknowledged. This facility has been constructed at great expei?4e
with sufficient safety measures and protections in place to provide
state of the art processing. There are two issues of
contamination that are beyond the control or liability of this
facility.
(1) . Due to the previous history of this property by
others, there exists contamination caused by tank batteries,
transport of contaminants to those batteries, and leakage fiu►ct
underground storage facilities located adjoining this property
which have been leaking for years and ssresri i ng underground. There
have been other wells in and surrounaing this property that have
also added to and contributed toward the contamination therefore
this facility should only be regarded as a violator by any problem
that is directly proven to have caused by breach of its safety and
protective measures.
(2) . The second item is that regardless of any and all
safety measures taken in receiving the waste water, this facility
will not be responsible for any act of flood, deceit or corruption
by any party delivering to said facility.
6. Condition #3 .I . As to the bond, after our
conversation with. Lee Morrison, Enviro-Cycle has agreed, subject to
a reservation of its rights, to post an additional bond in the
amount of $25, 000 with the Colorado Oil and Gas Commission. This
bond will be posted in addition to the $50, 000 bond which is
already posted with the provision and understanding that Enviro-
Cycle reserves the right to submit a request to both County Counsel
and to the County Board of Supervisors that the County review and
consider the jurisdictional right to impose an added bond for the
facilities_ In this regard, state law allows a maxim= bond of
$50, 000 . That bond maximum has already been met and filed. It is
Enviro-Cycle' s position that the added bond exceeds the
jurisdiction of the county.
7. Please advise by return fax as to any reining questions
or comments. I appreciate your assistance and can rents.. Thank
you,
Sincerely,
MIC1 E L CERVI
•
ENVIROCYCLE, LLC
19094 WCR 40, LaSalle Co
•
October 26, 1999
Julie Chester
Weld County Planning.Department
Greeley Co 80631
Subject: Envirocycle LLC Permit# 1198 Solids and sediment control
Replacing the settling pits will be above ground steel tanks set on the concrete ramp pad.
The solids and pit sediments will be gathered in the solids control tanks.
The solids will be put in a roll off unit for off-site disposal or on site land farming. At
the time that the solids are to be disposed of samples will be taken to a lab for testing for
content including,PH, TPH,BTEX,Flashpoint, and Paint filter as a non-hazardous
special waste. Commonly called Frac Sand and Tank sediment.
The off site disposal would be Allied Waste Industries, Inc dba Denver regional landfill
at 1441 Weld CR 6, P O Box 320,Erie CO 80516. 303 73 -1%.3/
inc ly,
Jim Daniel
Envirocycle
r-.
•
CAROL Harding:letter to planning.wps Page 1 j
CO YID Ci i
t'c JIM -Li AN 8: 5q
Enviro Cycle LLC
P.O. Box 117 RECE '�,�'Ei_�
LaSalle, Co. 80645
970-284-5610
970-302-3410
May 7, 2001
Weld County Planning Department
1555 N. 17th Ave.
Greeley Co. 80631
Ms. Chester:
In our attempt to reduce the noise level of the facility,we have decided to change the
process of treating the oil. The current heater treater has been found to be nosier than we would
like. To keep you informed on all changes,we are presently installing a new treater. The new
treater needs to be installed,to replace the problem treater. The new oil treater is much smaller
than the current, the size is 6'x10'. It will be placed 75' from the nearest tank for fire/explosion
safety. After installation the new treater will be painted a earth tone color. This new treater will
/ produce minimal noise and no vibration will be produced. The current water knock out and
heater treater will be disconnected.
In conjunction with the two gun barrel tanks and the new treater, a 300 barrel tank is
needed to hold oil prior to going into the treater. This tank will be inside the retaining wall and is
painted a earth tone color.
If you have any questions or if I need to provide further information,please contact me at 970-
302-3410.
Sincerely,
Rande L.Bernal
Facility Manager
.-. EXHIBIT
CAROL Harding -Test Well Log xls Page 1
r y Test Well Results
Depth
Weekending before Depth before
Date Well#1 Well#2 pumping pumping Notes
3/11/01 Dry pumped
3/18/01 Dry pumped
3/25/01 Dry pumped Took water in for testing
4/1/01 Dry no Well was to low to pump
4/8/01 Dry no Well was to low to pump
4/15/01 na na Easter
4/23/01 Dry pumped 4" 1" Moved day to Mondays
4/30/01 dry pumped 3" 1" to be monitored
5/7/01 Dry pumped 3 1
5/14/01 Dry pumped 4 1
5/21/01 Dry pumped 2 1
5/28/01 Dry pumped 2 1
6/4/01
6/11/01
6/18/01
6/25/01
7/2/01
7/9/01
7/16/01
7/23/01
7/30/01
8/6/01
reit L.. :. : DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
WII Phone: (970) 353-6100, Ext. 3540
C. Fax: (970) 304-6498 P
COLORADO
INSPECTION REPORT
NAME: Enviro-Cycle c/o Mr. Mike Cervi
LEGAL DESCRIPTION OF PROPERTY: Part of the NW4NW4 of Section 32, T4N, R65W of the 6t°
P.M., Weld County, Colorado
DATE: June 1, 2001
CASE NUMBER: ZCH-2000-002
n Upon a visual inspection completed by Cindi Etcheverry(Department of Environmental Health)and
myself(Zoning Compliance Officer), the following items were noted:
Upon arrival at site, several individuals stated that Rande Bernal (the Facility Manager)was not
present. We asked who their"acting" manager was and they all replied "I don't know". Later they
directed us towards"Ceasar". We asked Ceasar when Rande would be returning. He did not
know. We conducted our site inspection. Upon return, Ceasar's first question was "What did you
find wrong?" We explained a few items and asked a few questions. Then,we asked Ceasar for
the"Underdrain Logs". He said "I do not know what you are talking about." I left my business
card.
Several pieces of equipment had changed. It appeared that a new heater/treater unit was on site.
The Department of Planning Services has not yet received a letter outlining the proposed
changes occurring on site.
All tanks and equipment were painted in earth tone color.
An fuel tank(without a berm)was noted on site (I can not recall if it had been their previously).
Based upon our current inspection of the facility, it has been found that the property owner is not in
compliance with the "Development Standards"as set forth in the Use by Special Review Permit
(USR-1198).
EX SIT
of irtg
2001-1498
Inspection Report
June 1, 2001
Page 2
Upon return to the office, Mr. Cervi called. He asked if we found anything wrong during our inspection. I
described the items listed above. Mr. Cervi indicated that Rande was right next door at a farmers
property. He stated that Rande had sent us a letter indicating changes last month. I informed him that
we had never received a letter. He said Rande would e-mail it to me that night. Additionally, we
discussed the Underdrain logs. He said that she would e-mail them to me as well. He mentioned the
hearing scheduled for June 11, 2001. He stated that he could not attend that day. I told him that he
really needed to speak to the County Attorney's Office. He stated that he had already left a voice mail
for Lee Morrison.
Bethany Salzman
Zoning Compliance Officer
Cindi Etcheverry
Environmental Health
pc: ZCH-2000-002
VI-01000001
Julie Chester, Lead Planner
Bruce Barker, County Attorney
Trevor Jiricek, Director of Environmental Health
Randall Ferguson, COGCC
Board of County Commissioners
Monica Mika-Daniels, Director of Planning Services & Building Inspections
SERVICE, TEAMWORK, INTEGRITY, QUALITY
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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1 17TH AVE
/'� GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us
I ADMINISTRATION (970) 304-6410
FAX (970) 304-6412
O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420
FAX (970) 304-6416
• ENVIRONMENTAL HEALTH SERVICES (970) 304-6415
COLORADO FAX (970) 304-6411
June 15, 2001
Mike Cervi
Enviro Cycle, LLC
P.O. Box 117
LaSalle, CO 80645
RE: Enviro Cycle Injection Well Facility- Waste Management Plan Review
Dear Mr. Cervi:
The Weld County Department of Public Health and Environment has reviewed your email
�-. containing the Waste Management Plan(the Plan)for Enviro Cycle,LLC. This letter is submitted
to address an item within the Plan. The item included in the Plan concerns the removal of solids
from the solids separation tank(mud tank). The Plan states that removal of solids is expected to
occur one time per year. However, the Plan does not describe the procedure that has been
approved in past correspondence for removal of solids from the mud tank. Please refer to my
letter, dated May 16, 2001 and the referenced letters attached to that correspondence so that you
may include the approved solids removal procedures into the Plan.
Please submit future changes to the Plan to Weld County Department of Public Health and
Environment for review and approval.
Sincerely,
Cindi Etcheverry
Environmental Specialist
Environmental Health Services
C\WMW WS\TEMPb0101wute mg reviev temmrnlaapl
cc: Trevor Jiricek, Director, Environmental Health Services
Monica Daniels-Mika, Director, Department of Planning Services
Board of County Commissioners
Bruce Barker, County Attorney tXMIdIT
Randall Ferguson, Colorado Oil & Gas Conservation Commission 0
[ESTHER Gesick Re: Enviro Cycle waste,mgt; plan Page 1
From: Cindi Etcheverry
To: "rande_b@yahoo.com".GWIA.CENTDOMAIN
Date: 6/15/01 11:11AM
Subject: Re: Enviro Cycle waste mgt. plan
Hi Rande,
I have attached my review of the Waste Management Plan to this email. A hard copy will be sent in the
mail.
Cindi
>>> rande bemal <rande_b@yahoo.com> 04/24/01 06:38PM >>>
Cindi,
Here is my revised version of the Waste Management
Plan Mike Cervi had left for you on Tuesday at your
office. Mike signed the Mylar and we have removed the
black frac tank. I have also modified my spread sheet
on the test well's to reflect the levels before and
after pumping. I have the changed the weekly date to
Monday's so I can monitor the process more
effectively. I'm hoping with this Plan we have met all
of the requirements we talked about on Monday.
Thank you for taking the time to review the problems
and assisting me with helpful resolutions.
Sincerely,
Rande Bernal
Do You Yahoo!?
Yahoo! Auctions- buy the things you want at great prices
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CC: Barker, BRUCE; Gesick, ESTHER; Jiricek, TREVOR; Mika, MONICA; Morrison,
LEE
r
MRLVIPI PINNER, P.C.
ATTORNEY AND COUNSELOR AT LAW
840 BANK ONE PLAZA
OREELEY,CO 30631
(070)362-2061
FAX(970) 382-9172
May 30, 2001
Weld County Dept. of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Attention: Julie Chester, Planner
Re: Envirocycle, LLC USR#1198
Request for Minor Non-Substantial
Amendment to USR#1198 by Administrative
Decision by the Weld County Dept. of
Planning Services
Dear Ms. Chester:
As indicated to you during the course of our scheduled conference on Wednesday, May 30, 2001, I
represent Envirocycle, LLC, the owner of an oil and gas support and service facility, namely, a
brine water disposal facility, located on the following described property located in Weld County,
Colorado:
Lot B of Recorded Exemption No. 1055-31-2-RE2367 recorded
May 7, 1999 under Reception No. 2692540, being a part of the
N ''/3 NW ''A of Section 32, Township 4 North, Range 65 West
of the 6th P.M., Weld County, Colorado
The brine water disposal site is located at 19094 Weld County Road 40, La Salle, CO 80645. The
general manager who operates the facility on behalf of Envirocycle, LLC is Randy Burnell. The
manager of Envirocycle, LLC is Mike Cervi, with office address of P. O. Box 169, Sterling, CO
80751.
On May 19, 1999,the Board of County Commissioners of Weld County, Colorado, by virtue of
Resolution duly made, seconded and adopted, approved a Site Specific Development Plan and
Special Review Permit#1I98 for an oil and gas support and service facility, namely, a brine water
disposal site in an A-Agricultural Zone district on behalf of Envirocycle, LLC. The Development
Standards applicable to this Site Specific Development Plan and Special Review Permit provided at
Item 6 the following:
"6. A four-foot square sign, not to exceed 16 square feet, 4 781T,
May 30, 2001
Page 2
shall be posted at the entrance gate listing wastes accepted,
hours of operation, 7:00 A.M. to 7:00 P.M. and twenty-four
hour emergency telephone number."
The 4-foot square sign has been posted at the entrance gate listing the wastes accepted and the hours
of operation from 7:00 A.M. to 7:00 P.M.
I am herewith requesting on behalf of Envirocycle,LLC an amendment to the USR#1198 by way
of Administrative Decision of a minor non-substantial change to the hours of operation at the brine
water disposal site. As indicated above,the Development Standards provided for hours of operation
of 7:00 o'clock A.M. to 7:00 o'clock P.M. I am herewith requesting by way of Administrative
Decision a change of the hours of operation to be 7:00 o'clock A.M. to 10:00 o'clock P.M. The
purpose of the requested administrative change by way of amendment to the Development
Standards is to provide and place Envirocycle on an equal basis and competitive arrangement with
the two other brine water disposal sites now operating in Weld County operated by Conquest Oil
Company.
The Amended USR#996 heretofore granted to Conquest Oil Company under Development
Standard No. 23 provides as follows:
"23. The facility shall accept waste from dawn to 10:00 o'clock
P.M."
USR#1023 under Development Standard No. 4 recites the following:
"4. The facility may only accept waste from dawn to 10:00 o'clock
P.M. seven days a week."
In view of the increased oil and gas activity which is now taking place in Weld County, Colorado, it
is essential that the hours of operation of Envirocycle, LLC be placed on an equal footing with the
10:00 o'clock P.M. time sequence heretofore granted to Conquest Oil Company, a competitor in the
brine water disposal business. It is extremely important, economically and realistically, to provide
the same service and capability to the trucking firms bringing brine water for disposal purposes to
be able to utilize a 10:00 o'clock P.M. closing hour, especially in view of the increased oil and gas
activity which is now occurring in the Weld County area. The granting of an Administrative
Decision by the Weld County Department of Planning Services authorizing 3 additional hours of
operation will place Envirocycle, LLC on the same and identical footing heretofore granted to
Conquest Oil Company at their two disposal sites. The request for the modification and change of
the Development Standard increasing the hours of operation to 10:00 o'clock P.M. will greatly
May 30, 2001
Page 3
assist those customers of Envirocycle, LLC by providing them with additional hours needed to
perform their services in the transporting and disposal of the brine water at the Envirocycle site.
The granting of this request for the change of hours of operation appears to clearly be a minor non-
substantial change of the Use by Special Review Permit#1198 and merely grants to Envirocycle,
LLC a closing hour of operations identical to other brine waste water disposal operators in the area.
Should you desire any additional information or documentation in connection with this matter. I
suggest that you contact me at your earliest convenience. I look forward to receiving from you your
Administrative Decision concerning the request submitted by me on behalf of Envirocycle, LLC.
Thanking you in advance for your kind and courteous consideration of this matter, I remain
Very truly yours,
kt-au-C41"4-4-4-4'
MELVIN DINNER
MD/as
Cc: Envirocycle, LLC
esee
a
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
C. WELD COUNTY1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
June 19, 2001
Melvin Dinner
Attorney and Counselor at Law
540 Bank One Plaza
Greeley, CO 80631
Dear Mr. Dinner
This letter is in response to your proposed change to the hours of operation for Envirocycle, USR-
1198. The Department of Planning Services' staff has reviewed the proposed changes and have
determined that a change to the hours of operation would be considered a substantial change. The
Board of County Commissioners also commented, in a previous work session, that changes to
hours of operation are considered substantial changes. Since the Special Review Permit approval
on May 19, 1999, there have been numerous conflicts with the surrounding property owners, as
well as many violations of the Conditions of Approval and the Development Standards for the
permitted use. Due to these issues, staff has determined that a change to the hours of operation
will require an amendment to the Special Review Permit.
If you have any questions or comments, please feel free to contact me at the above address or
telephone number. Thank you for your cooperation in this matter.
Sincerely,
Julie A. Chester
Lead Planner
pc: USR-1198
Bethany Salzman, Code Compliance Officer
Monica Daniels-Mika, Director, Department of Planning Services
06/15/2001 15:04 805-239-7377 LESAGE LAW OFFICE PAGE 02
♦ t
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MICHAEL T. LESAGE �` i'{'`'"` i
4 ATTORNEY AT LAIN J I`
'620 13TH STREET ^^ `tr!*t t- - Li; I I
P.O. Box 306 ( a I' , <
PASO RonLE9, CALIFORNIA 93447-0306
TELEPHONE (805) 238-3484 r •: )
FAX (805) 239-7377 R! _(�(Th i_ i `i
•
June 15, 2001
•
WELD COUNTY BOARD OF COMMISSIONERS Fax: (970) 352-0242
Lee D. Morrison, Asst .County Attorney Fax: (970) 352-0242
915 Tenth Street
Greeley, Colorado 80632
Re: Enviro-Cycle RTring on Monday, June 18, 2001
Docket #2001-22
Dear Members of the Board, County Counsel, and Staff:
With respect to the hearing on Monday, June 18th, on behalf
of Enviro-Cycle, L.L.C. , a jurisdictional objection is submitted
for the record:
1. As part of the processing of permit for this
facility, an opinion wan obtained from the Attorney ,General's
office of the State of Colorado dated March 2, 1899 (copy
attached) . Within this opinion, the State Attorney General
concluded that jurisdiction as to operation of a Class II 'injection
facility vests in the Colorado Oil and Gas Conservation Commission
(C.O.G.C.C. ) . As such jurisdiction does not vest in the' Colorado
Department of Public Health and Environment (C.D.P.H.E. ) or in Weld
County Department of Public Health under its Joint Powers Agreement
with the State Department of Public Health and Environment.
The Colorado Oil and Gas Conservation Commission has at the
request of Enviro-Cycle reviewed all the operations oar Enviro-
Cycle. C.O.G.C.C. has concluded that these facilities are meeting
all of state law and regulations affecting the operational
requirements within its jurisdiction. Accordingly it is believed
that the County's jurisdiction pertains to zoning and planning
issues.
With all due respect this letter is of legal necessity
submitted to assert that jurisdiction over operations fall
[4 EXHIBIT
0
tSe IQg
06/15/2001 15:04 805-239-7377 LESAGE LAW OFFICE PAGE 03
•
exclusively within the province and jurisdiction of the Colorado
Oil & Gas Commission.
Thanking you in advance for your courtesy and consideration of
these issues.
Sincereely,
(heie1C4#7
MI4EAEL T. LeSAGE
MPL/soh
06/15/2001 15:04 805-239-7377 LESAGE LAW OFFICE of PAGE 04
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Mar-02-99 10: 03A Cervi Ranch/Omni West 970 522-648p P_01
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March 2, 1999
•
Weld County Boons of County Commissioners
915 loth Street
Greeley,Colorado $0620
RE: Certificate of Designation-Eavirocycie,
Dear Commissioners:
, At the January 27. 1999,meeting of the Board of County Commissioners you mquested that
the Colorado Attorney General's Office provide you with an opinion as to who ►Cr the Solid
Waste Unit of the Colorado Department of Public Health and Envitvameat("GDPHE")
would require that!nviro-Cycle,LL.C.,obtain a Certificate ofDesignation Op")prior to
operating to proposed Clan II Underground Injection Control(`UIC")facility in Weld
County. This letter responds to your request.
CDPHE-and the COGCC agate that,while the jurisdictional issues are not entrtely clear cut,
both agencies may have Jeaiedlcdon over disposal of exploration and productigp waxes down
a commercial Clans A UIC well. To avoid duplicative agency mutation,ODIUM believes it
is appropriate to dehr to the C00CC's regWatoty oversight of clan U wells airier the
eirtumstances present hen.where there is no surface disposal,and no down-hAle disposal of
any other materiels. Accordingly,CDPHE will not require EsteiroCycle(at jailer facilities
where exploration and production wastes are disposed of solely down the UIC Well,not on-
the surface,and no outer types of wasps are disposed of down the UIC well)to obtain a CD
or pay solid wan disposal fees. The COGCC has agreed to review the Envico--Cycle UIC
facility proposal to ensure ow the facility meets the COGCC's Class II UIC program
requirements and is consistmn with COPHS's requirements for pcotaetion of 1pmean health
and the environtuag.
r
_06(15/2001 15:04 805-239-7377 LESAGE LAW OFFICE PAGE 05
-tier-02-99 10:03A Cent Ranch/Omni West 970- 522-648q P.02
1isP'-02-19t, %Id:7tl
•
Paget
. Although CDPHE is defaring to the COOCC with respect to regulatingEnvhoc 0e's
proposed facility and similar facilities,the County is free to review tSa relevant metes and
make its own deterrahumion as to whether_it will require Enviro•Cycle to obtain aPD. •
If you have any additional questions or comments please feel free to contact me of the .
number listed below.
Sincerely, -
MONICA DESCH SHEETS
_ Assistant Attorney General -
Natal Resources and Environment S5ition
- (303)6664442 - -
(303)866.3556(FAX)
cc: Lee D.Morrison,Assistant Weld County Attorney _
flcvor lid:wk.Weld County Health Department - -
-- - Howard Boatright,Eaviro-Cycle,L1..C. , -
Jackie Johnetm,Van,Oldenburg,Barry&Bedingfield,LLP
Brian Macke,COGCC '_ •
Roan Reade,COOCC
Cindy Baia.AGO
Glum Mating;CDPHE -
Roger Doak,CONE -
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06/15/2001 15:04 805-239-7377 LESAGE LAW OFFICE PAGE 06
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