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Ms. Erica Crosby April 5, 2006 Division of Minerals and Geology Page 14 of 21 12 Monitoring Well Aggregate Industries Po Box 337231 Greeley, CO 80633 ** Attn: Connie Davis 970-336-6526 13 Underground Gas Pipeline Public Service 550 15th Street, Suite 700 March 2005 Company of Colorado/ Denver, CO 80202 Agreement Xcel EnergyRick Grad 303-571-7737 14 Unregistered well James and Sharon 13417 Williams Street ** Robbins Thornton, CO 80241 ** Asphalt Paving Company will not disturb land within 200 feet of these structures until either a setback agreement or engineering analysis is submitted to the Division via a Technical Revision, Note: Since the original submittal, we have obtained an agreement with MEIII (see Attachment 8) dated Jan. 6, 2006. All other agreements noted above were submitted to the Division as part of Exhibit S in the original application. 33.Please state the distance from the toe of the stockpile to the Brighton Ditch, and revise the exhibit accordingly. The toe of the topsoil stockpile will be located no less than 50 feet from the edge of the Brighton Ditch, as depicted on Exhibit C-3 and as required by the setback agreement with the Ditch company (previously submitted). 34. The applicant provided a mining offset distance agreement with Public Service Company signed on March 2, 2005. Exhibit C-1 does not show any structures owned by the Public Service Company. Please locate this structure on a map and show the proposed mining offset distances from this structure. Public Service Company (dba Xcel Energy) owns an underground gas pipeline running along the southern boundary of the permit area. It is labeled on Exhibit C-1 as "Xcel Energy (Public Service Co.) Gas Line." 35. Attached, please find comments from the Office of the State Engineer and the U.S. Army Corps of Engineers. SEO: The applicant commits to obtaining an approved Gravel Pit Well Permit, or Commercial Well Permit, and the associated water supply plan or augmentation plan(s), prior to the use or exposure of groundwater. The applicant understands that a well permit cannot be approved until all wells within 600 feet of the proposed locations have been documented on a field inspection, and that a Waiver of Objection must be obtained from the well owners, or a hearing before the State Engineer is requested. Army Corps: As described in response to question 3, the USACOE has concurred that there are no jurisdictional wetlands within the affected area (see Attachment C to the original application for details).