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COLORADO <br /> �M1 tom/ Division of Reclamation, <br /> ® Mining and Safety <br /> Department of Natural Resources <br /> August 9, 2022 <br /> Blake Bennetts <br /> ACA Products, inc. <br /> P.O. Box 1887 <br /> 702 Gregg Drive <br /> Buena Vista, CO 81211 <br /> RE. Avery Construction Pit, File No. M-1979-010, Construction Materials Regular(112)Application <br /> Adequacy Review <br /> Dear Mr. Bennetts: <br /> The Division of Reclamation, Mining and Safety(Division) is in the process of reviewing the above <br /> referenced application in order to ensure that it adequately satisfies the requirements of the Colorado <br /> Land Reclamation Act for the Extraction of Construction Materials (Act)and the associated Mineral Rules <br /> and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction <br /> Materials (Rules). During review of the material submitted,the Division determined that the following <br /> issue(s)of concern shall be adequately addressed before a decision can be rendered. <br /> Exhibit C-Rule 6.4.3 <br /> 1. Exhibit C identifies that are fence lines around the properties,two County Roads(CR321 and <br /> Gregg Drive)as well as underground electric and fiber optic lines within 200 feet of the affected <br /> lands boundaries. All of these are considered Permanent Man-Made Structures and will require <br /> structure agreements pursuant to Rule 6.4.19. Please execute structure agreements for the <br /> above listed structures and provide them under the Exhibit S section. Where such an agreement <br /> cannot be reached, an engineering evaluation demonstrating no adverse effect during mining <br /> and reclamation will suffice. <br /> 2. It is noted that all maps in both Exhibit C and F are not signed by the preparer. Please provide <br /> signed final copies of all applicable maps in accordance with Construction Materials Rule <br /> 6.2.1(2)(b). <br /> Exhibit D-Rule 6.4.4 <br /> 3. Exhibit D identifies that the depth of the pit will be 30-40 feet with a bench at 15 feet and mined <br /> using traditional highwall mining techniques. Please identify the estimated length of highwall to <br /> be exposed at any given time. <br /> 4. Please identify the stratum immediately beneath the material to be mined in accordance with <br /> Rule 6.4.4(f)(ii) <br /> Exhibit E—Rule 6.4.5 <br /> —C <br /> Coto_ <br /> I" r, p <br /> 1001 E 62"'Ave, Room 215, Denver, CO 80216 P 303.866.3567 F 303.832.8106 http://mining.state.co.us * *; <br /> Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director *+l876 <br />