2019-06-17_REVISION - M2001038 (6)

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Albert Frei and Sons, Inc. Page 6 AFS.-Bennett Pit - M-2001-038 June 17, 2019 close to the 30 acres currently bonded. For this reason I have revised Page 4 and Exhibit L Reclamation cost to increase the area to cover 60 acres. Under this plan mining and reclamation would run concurrently on the mine area as needed.. Under this plan we will bond for, existing and proposed disturbance areas rather then a maximum area, this means that we are not limited to 60 acres in the future. Rather that at this time the amount covered by the bond will be 60 acres, that includes areas that are actively being affected by mining, processing and partial reclamation areas that will have been mined, graded and vegetated but not yet ready for release. If this changes then Albert Frei and Sons, Inc., will file a Technical Revision to increase the amount of the bond prior to exceeding the 60 acres. Rule 6.4.19, Exhibit S—Permanent Man-made Structures 18. For each of the permanent man-made structures within 200 feet of the affected land, please either provide: 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 Structure agreements were mailed on February 11, 2019 to the five structure owners around the mine. Henderson Aggregates is a subsidiary of Albert Frei and Sons, Inc. so that structure agreement was executed in house. We have one in place for the Lincoln's but sent a second as a precaution. Of the remaining 4 we have received 3 back. Only the Copeland Trust has not returned one as of this date. Attached are copies of the Executed Structure Agreements received. 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. A Geotechnical analysis for the Copeland structures is provided since a structure agreement was not received from them. 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. The Utilities within 200 feet returned signed agreements. Rule 1.6.2—Notice Requirements 19. Please submit the proof of publication of the required notice in accordance with Rule 1.6.2(1)(d) and Rule 1.6.5. Attached is a copy of the Proof of Publication for this permit area. It was published in the Eastern Colorado News, the adjudicated paper of notice for eastern Adams County starting on April 19 and running once a week ending on May 10, 2019.