PERMFILE48411

• Permit No: M2002120
• IBM Index Class Name: Permit File
• Doc Date: 4/15/2003
• Doc Name: Decision Letter
• From: DMG
• To: Hall-Irwin Corporation
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 21 S
Denver, Colorado 50203
- DIVISION O P
Phone: [phone] MINERAL S
FAX: [phone] &
GEOLOGY
RECLAMATION

April I5, 2003 MININ G•SAFETY
Bill Owens
Mr. Jeff Gregg Governor
Hall-Irwin Corporation Greg E. Walther
3026 4th Ave. Executive Director
P.O. BOX 2150 Ronald W. Cottony
Division Director
Greeley, CO 80631
Re: File No. M-2002-120, Bernhardt Resource, 112c Decision Letter -Conditions, Financial and_
Performance Warranty Request -Construction Material Operation
Deaz Mr. Gregg:
On April 9, 2003, the Division of Minerals and Geology approved your 112c mining permit application. The
conditions to the approval are noted below;
Stipulation No.
Description
A reportable spill is a spill of any toxic or hazazdous substance (including spills of peuoleum products) within the
mined land permit area reportable to any Division of the Colorado Department of Pubiic Health and the
Environment, the National Response Center, the Colorado Emergency Planning Commission, any local Emergency
Planning Comrission, local Emergency Planning Committee, or the State Oil Inspector. The Mine Operator shall
notify the Division of Minerals and Geology (DMG) of a reportable spill within the mined land permit azea 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 [phone]. The FAX shall include atoll-back number of a
responsible company official for DMG staff to use a contact,
2 The operator shall not mine within two fee of the highest recorded ground water table level until they prove to the
satisfaction of the Division of Minerals and Geology, that [hey have been issued a valid well permit from the Office
of the State Engineer.
3 The operator shall not mine outside the Pod 1 until they prove to the satisfaction of the Division of Minerals and
Geology that their mine plan has cleazance through the U.S. Fish and Wildlife Service.
4 The operator shall not mine outside Pod 1 until one of the following is submitted and approved by the Division of
Minerals and Geology:
1. a site specific flood study which demonstrates that damaging levels of erosion will no[ occur, or
2. plans for structures that would convey flood water safely through [he azea proposed for mining.
The amount of financial warranty set by the Division for this operation is $1,858,965.73. 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
M:bSS1Tdd1TEMP~M-AP-l9_M2002120_KAP_200304I5_74625 PM.doc