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~~ Banks and Gesso, LLC <br />~~ <br />July 12, 2001 <br />Mr. Tony Waldren <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80202 <br />RE: Nix Sand and Gravel Mine <br />Revisions to Submitted Regular 112 Permit <br />Mr. Waldren: <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303)274-4277 <br />Fax (303) 274-8329 <br />www. banksandgesso.com <br />RECEIVED <br />JUL 16 2001 <br />Division of Minerals and Geology <br />As discussed in our brief conversation today, there have been a few minor changes proposed by <br />Owens Brothers Concrete regarding the Nix Sand and Gravel Mine. These changes are <br />discussed below and are hereby submitted as revisions to the Regular 112 permit for the Nix <br />Sand and Gravel Mine. <br />Plant Location: <br />Due to neighborhood concerns, Owens Brothers will initially situate the processing plant in the <br />Northwest corner of what is depicted on the original mine plan maps as Mine Area 1. Due to <br />contractual obligations, they cannot relocate the plant to the Northwest corners of Mine Area 5 or <br />the Stage II area because they will not own those parcels of land outright at the onset of mining. <br />Once Owens Brothers does obtain full ownership of those pieces of land, they may relocate the <br />plant site to the north, toward a more central location. <br />Access Point: <br />Due to neighborhood concems for safety and protection of the Sage Hill Farm Wetland area to <br />the south of the Nix property, Owens Brothers Concrete commits to moving its access point from <br />the previously proposed entrance onto Weld County Road 28 to a point on Weld County Road 19, <br />approximately one-half mile south of State Highway 66. This location will provide direct access <br />onto an already paved County road. <br />Groundwater: <br />Due to neighborhood concerns over possible impacts on groundwater supplies, Owens Brothers <br />commits to instituting swell-monitoring program that will help determine any adverse affects to <br />neighboring water tables caused by the proposed mining operation. The monitoring wells will be <br />placed in strategic locations across the site, and may include wells owned by any neighbors who <br />agree to let Owens Brothers use their well data in the study. Five-quarters of data will be <br />gathered before any mining below existing groundwater levels take place. <br />Saoe Hill Wetland: <br />Due to concerns that Cynthia Parker, owner of the Sage HiII Wetland, has over potential loss of <br />her wetland resulting from the proposed mining operation, Owens Brothers Concrete agrees to <br />institute a monitoring program that tracks water levels in the adjacent wetland. The program will <br />run for fhe life of the mine. <br />Mine Plan: <br />As a result of discussions with Patina Oil and Gas Company and Duke Energy Field Services, the <br />tank battery and collection facility currently located in the Northwest corner of the area originally <br />