2016-10-21_PERMIT FILE - M2016009 (9)

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Xcel Energ y® RESPONSIBLE BY NATURETM 1800 Larimer Street Denver, Colorado 80202 September 9, 2016 Fremont Paving and Redi-Mix, Inc. 839 MacKenzie Avenue PO Box 841 Canon City, Colorado 81215 Re: 44th Lane Project Sections 19, 30 and 31, Township 21 South, Range 62 West Sections 34, 35 and 36, Township 21 South, Range 63 West 6th Principal Meridian, Pueblo County, Colorado To Whom It May Concern: Public Service Company of Colorado ("PSCo") has recently been contacted regarding the proposed mining and reclamation work in the above-described locations. PSCo currently owns a 425 foot wide non-exclusive easement, running north -south, for the construction, operation and maintenance of electric transmission lines and structures along the west edge of Section 19 and 30 to the northwest corner of Section 31, Township 21 South Range 62 West; and a 500 foot wide non-exclusive easement, running east -west, for the construction, operation and maintenance of electric transmission lines and structures along the north edge of Sections 34, 35 and 36, Township 21 South, Range 63 West (the "Easements"). Access to all structures within the Easements must be maintained at all times. Please note that Xcel Energy is a holding company for PSCo and PSCo owns the Easements. 1. A mining setback of 100 feet longitudinally along the Easements from each structure must be maintained with a 3:1 slope thereafter. A mining setback perpendicular to the Easements equal to the distance from a structure to the edge of the Easements must be maintained with a 3:1 slope thereafter. No decrease in ground -to -line clearance is allowed within the Easements. 2. No seismic survey or blasting activity shall occur in the above-described locations unless prior written consent is obtained from PSCo. 3. No permanent structures are to be constructed within the Easements. 4. Protocol outlined in the attached Clearance Requirements shall be followed when mining -related activity is proposed within the Easements. 5. Fremont Paving and Redi-Mix, Inc. shall use all reasonable means to prevent any loss or damage to PSCo facilities resulting from the construction, modification, replacement, repair, operation and, maintenance of Freemont Paving and Redi-Mix, Inc.'s mining and reclamation activities. Any costs that PSCo shall incur as a result of this project shall be fully and immediately reimbursable by Freemont Paving and Redi-Mix, Inc. 6. Fremont Paving and Redi-Mix, Inc. agrees to indemnify and hold harmless PSCo from any damage, loss of property, income, injury, or loss of life associated with the use, operation and other activities over, under or across PSCo's existing electric transmission line easements. Further, the letter dated July 27, 2016 to the Division of Reclamation Mining and Safety from James Craig, Contract Agent for Public Service Company of Colorado Xcel Energy, is not meant in any way to express opposition to the proposed project.