2005-01-04_REVISION - M1999120 (2)

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__,,; O1/03/Ob,,, 14:21 FAB 3032891348 L G EVERIST r~004 L G EVERIST, INC. MouNTAIN RIViSION OFFICE • • 7321E387H AYENIJfi•SUlrE 200 NENOFA90N,COLORA0080668 '~ Rock Sottd Since 1876 3°a-2s~'-0saa FAX 30328513/8 dba Andesite Rock Company o° CORPORATE OFFICE 3005. PHILLIPS ~vE. • 6UI7E 200 PA.60X 5829 SIOUX FALLS, SD 6/1178828 PHONE 808a34.8g00 May 12, 2004 P'ix 806's"'~°5O Mr. Don Carron Weld County -Department of Public Works ~A dry ~/ls P.O. Box 758 Greeley, CO 80632 970' ~~ 1~y9 ~~ RE: Set-Back Agreement for Permanent Man-Made Structures Located Within 200 Foet of Fort Lupton Sand and Gravel Mfne ~'~ ~ NN ~ °~ ?0 ~nx (`M.el~ Dear Don: As we discussed in our infomtat meeting on April 7, 2004, L. G. Everist, Inc. is proposing to amend the Fort Lupton Sand and Gravel Mine, DMCi Permit # AA-1999-120, and Weld County USR-1255. The current mine and amendment areas are located in Section 25, T2N, R87W, and Section 30, T2N, R86W, both in the 6r' PM, Weld County, Colorado. TI1e nonhem boundary of our amendment area will be along Weld County Road 18. The current mine and amendment areas and WCR 18 are shown on the attached Vicinity Map. As you know, ttte Colorado Division of Minerals and Geology (DMG) requires set-bade agreements whenever a permanent man-made structure is located within 200 feet of mining omits. Because a section of WCR 18 will be within 200•feet of the amended mining limits, and WCR 18 is considered a permanent man-made structure, we are now required by the DMG to have seat-back agreement with Weld Courrty. Please note that we do not in anyway expect that our mining and reclamation operations would cause any damage to your structure{s) and that we are providing the set-back agreement Just to ensure full compliance with ail DMG rules. The set-back agreement states that should our operations adversely affect your structure located within 200 feat of our mining Iimlt, we will mftigate any damage through repairs and/or compensation. As you explained to us, WCR 18 will be a "collector status" road, and the county will require e right-of-way of 40 feet from the centerline of the road, plus an additional 20-foot setback to our mining limits, for a total of at least 60 feet from the centedlne of the road. In order to dearly address this required set-bads, we have stated )n the set-back agreement that our mining Ilmfis must be at least 60 feet from the centerline of the road. Therefore, although the road will be within 200-feet of mining limits, It )s actually located outside the area to be mined, and of course wilt not be adversely affected. Following is a brief summary of the mining and reclamation plans for your information We anticipate the mining of the amended site to take 25-30 years. The mining will be accomplished with mobile equipment, such as front-end loaders and back-hoes. Absolutety no explosives will fie used, nor even kept on site. Our mining plan includes mining the sand and gravel reserves, and lining the mined areas for a future end use as water storage reservoirs. For most of the mining operations, the processing plant will be located on the pit LMfFI-200(1-WeIdCo-051204.doo