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<br />~® Banks and Gesso, LLC ~/ <br />~^ <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />r <br />January 3, 2005 <br />(303) 274-4277 <br />Fax (303)274-8329 <br />www. banksandgesso.com <br />Ms. Kate Pickford ~/ RECEIVED <br />Environmental Protection Specialist ~~ c/ <br />JAN D 4 21111 <br />Division of Minerals and Geology <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 Division ofMinerelsaniGeology <br />Subject: L.G. Everist, Inc., Fort Lupton Sand and Gravel Mine, <br />Permit No. M-1999-120; Response to Adequagy Review Letter <br />Dear Ms. Pickford: <br />On behalf of our client, L.G. Everist, Inc., we offer the following response to the <br />Division's Adequacy Review Letter dated December 2, 2004. <br />Please note that since the submittal of this amendment application, the applicant has <br />decided that it will seal each mining phase with a slurry wall prior to mining below the <br />water table. <br />1) Proof of Public Notice: United Power, Public Service Company of Colorado (dba <br />Xcel Energy), Level 3 Communications and Qwest Corporation are structure owners <br />on or within 200 feet of the subject property, but they are not easement holders - <br />theirstructures are located within the County Right-of-Way. Therefore, public notice <br />is not required for these entities. Structure agreements for United Power, Level 3 <br />and Owest were submitted with the amendment application package. The structure <br />agreement for Public Service Company of Colorado is attached. Andesite Rock <br />Company is a wholly owned subsidiary of L.G. Everist, Inc. <br />Rule 6.4.4 Exhibit D -Mining Plan <br />2) Topsoil and Overburden Stockpiles: Topsoil and overburden needed for slurry <br />wall construction and reclamation will be stockpiled separately in piles along the <br />edge of the pit or within the pit perimeter. Approximate locations of topsoil stockpiles <br />are shown on the revised Exhibit C-3: Mining Plan Map, attached. Overburden will <br />be stockpiled separately from topsoil, and will be found within the limits of <br />disturbance or along the perimeter of the pit. Mining limits will be setback from <br />stockpiles as dictated by the Slope Stability Analysis until the piles are removed. <br />Excess material will be sold to minimize stockpile quantities. Applicant commits to <br />-minimizing movement of topsoil stockpiles and re-spreading topsoil as soon as <br />reclamation slopes are completed. <br />