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provide written evidence of concurrence from the landowner (Doeringsfeld & Aratas Partnership) <br />and from Weld County for zoning of industriaUcommercial use for these particular azeas. Unless <br />written evidence of concurrence is provided, VCI will need to include itemized costs for removal <br />of the aggregate processing plant, the concrete plant, all buildings, concrete foundations, paved <br />surfaces, fuel tanks, and non-roadable mining equipment in Exhibit L -Reclamation Cost. Please <br />respond. <br />Permanent building permits were obtained for this location for existing structwes, including the <br />Concrete Plant, Scale-House, and Shop, as attached. Additionally, these structures were <br />established under the Weld County Use by Special Review Process (relevant portion attached) <br />and specifically provide for these structwes under this modified zoning process. Since the USR <br />can stand alone and apart from the DMG permit, it is the intent of the operator to continue the use <br />of these properties under the existing USR subsequent to the completion of extraction activities <br />and release of reclaimed lands by the Division of Minerals and Geology. For these reasons, the <br />demolition of these facilities under the DMG permit is not a necessary component of the <br />reclamation liability at the location. The landowner's desires conform to this understanding, <br />correspondence of which will be provided under separate cover. <br />3. The applicant has proposed that extraction will occw to within 25 feet of well heads and <br />facilities, and be backfilled as soon as practicable to create a 100 foot radius azound the well head <br />for future well activities. The applicant has also proposed that excavation slopes be no steeper <br />than 1.25H:1 V and to maintain a minimum 10 foot setback from the crest of the excavation slope <br />and any potentially affected structure. In response to these proposed measures, the Division will <br />require that VCI provide a description of earth moving methods, survey controls, and <br />management measwes that will be applied to asswe compliance with the excavation slope <br />requirements. Specifically, the Division requests that the applicant provide the following items: <br />a) A description, in terms of the mechanics of earth moving, of how the 1.25H:1 V pit slopes will <br />be excavated. <br />b) A description of survey control to be employed to assure that the maximum excavation slope <br />angle is not exceeded. <br />c) A description of management procedures to be used to ensure heavy equipment operators are <br />continuously aware of the excavation slope angle requirement. <br />d) A description of the oil and gas pipelines referenced in the amendment application. In <br />particular, are all of the pipelines within 80 feet of the excavation limits low capacity, low <br />presswe, small diameter flaw lines? Or, are there any high presswe gas lines in the vicinity? If <br />there are high presswe lines, additional protections and monitoring programs may be required. <br />It should be noted that the Division will consider miningat an excavation slope of steener than <br />1.25H:1 V within 80 feet (two-time the anticipated maximum pit depth) of a structwe, to be a <br />serious violation of the aermit that will initiate an immediate enforcement action.) <br />Since the analysis by Alan Sorenson, we had stability analysis performed by CGRS. The analysis <br />confums that the 1.25H:1 V slopes provide long term stability to within an acceptable safety <br />factor. What should be considered in tandem with this evidence is the empirical knowledge that <br />slopes as steep as O.SH:I V are stable, have visibly evidenced themselves as stable over the nearly <br />20 years of extraction at this location, and that such stability is also evident in the analysis by <br />CGRS. <br />Since no safety factor could asswe stability over an indefinite period of time for O.SH:I V slopes, <br />we agree that O.SH:1 V slopes should not be left indefinitely along or adjacent to oil and gas <br />Varra Companies, Inc. M1978-056 Durham Sand 8c Gravel Pit - 2003 Amendment - 3 <br />Monday 26 April 2004 reply to correspondence from the Colorado Division of <br />Minerals and Geology of 6 January 2004. <br />