2016-07-28_PERMIT FILE - M2016010 ‎(2)‎

• Permit No: M2016010
• IBM Index Class Name: Permit File
• Doc Date: 7/28/2016
• Doc Name: Adequacy Review Response #3
• From: Transit Mix Concrete Co.
• To: DRMS
• Email Name: AME
• Media Type: D
• Archive: No

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Transit Mix Concrete Co.
444 East Costilla Street Colorado Springs, Colorado 80903-3761 Phone: [phone]
July 7, 2016
Ms. Rhonda Latka
Black Hills Energy
105 South Victoria Avenue
Pueblo, CO 81003
SENT VIA UNITED STATES POSTAL SERVICE- CERTIFIED MAIL
STRUCTURE AGREEMENT
Transit Mix Concrete Co. has filed an application for a quarry with the Colorado Mined Land
Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act for the
Extraction of Construction Materials. This letter has been provided to you as the owner of a structure
or easement on or within two hundred (200) feet of a proposed mine site. The State of Colorado,
Division of Reclamation,Mining and Safety("Division")requires that where a mining operation may
adversely affect the stability of any significant, valuable and permanent man-made structure located
within two hundred(200)feet of the affected land,the Applicant shall either:
a. Provide a notarized agreement between the Applicant and the Person(s) having an interest in
the structure, that the Applicant is to provide compensation for any damage to the structure;
or
b. Where such an agreement cannot be reached, the Applicant shall provide an appropriate
engineering evaluation that demonstrates that such structure shall not be damaged by activities
occurring at the mining operation; or
c. Where such structure is a utility, the Applicant may supply a notarized letter, on utility
letterhead, from the owner(s) of the utility that the mining and reclamation activities, as
proposed, will have "no negative effect" on their utility. (Construction Materials Rule 6.3.12
and Rule 6.4.19&Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20)
The Colorado Mined Land Reclamation Board("Board') has determined that this form, if properly
executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule
6.4.19(a), and C.R.S. § 34-32.5-115(4)(e) and with Hard RocklMetal Mining Rule 6.3.12(a), Rule
6.4.20(a), and C.R.S. § 34-32-115(4)(d). This form is for the sole purpose of ensuring compliance
with the Rules and Regulations and shall not make the Board or Division a necessary party to any
private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in
the Board or the Division.
I request that you return one notarized structure agreement using the included envelope and retain one
structure agreement for your records. If you have any questions,please contact me at 719-475-0700.