2000-05-15_REVISION - M1984099 (8)

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for stabilization, resoiling •revegetation for fill areas remaining above water line will comply with the established limitations of the existing permit. This includes any islands or other related features remaining above the anticipated final water levels of the planned lakes. 3. The operator states that one or both gas lines will be relocated as a result of the change in mine plan. In accordance with Rule 6.4.19, for all structures that will be directly affected by mining, the operator will need to provide the Division with a notarized agreement between the operator and the owner of the gas lines that the operator has permission to mine through the structure and/or will provide compensation for any damage to the structure. Please provide the Division with the appropriate agreements/waivers with the owners of the two referenced gas lines. 3. As indicated previously, the operator will work in cooperation with the owner to the lines and observe stated setbacks at all times. The previously stated setbacks included with your correspondence will be followed, except that any modification established between the operator and the owner of the structure by agreement will be made part of this submittal at the time such agreement is established and made known in writing to the Division, where such agreement would provide for closer setback tolerances. The lines will not be moved except by agreement with the owner and under the supervision and performance of persons qualified to perform such work. 4. The applicant states that Accessory Building will be retained for the use as a boathouse as part of the postmining land use. The operator will need to submit the following in order to leave any mining related structure in place as part of the postmining land use; • A letter from Weld County that states the Accessory Building may be left in place and meets the Weld County zoning requirements for the approved postmining land use, and • A notarized letter from the landowner requesting that the Accessory Building remain in place to achieve the end land use. 4. Weld County Department of Planning Services has been contacted respective of this concern, and while authorization is anticipated, it may be delayed due to internal processes. Included with this submittal is a letter from the Landowner acknowledging the suitability of the existing structure so designated for use a boathouse under the existing end-use. Therefore, we respectfully request conditional approval of this consideration, pending receipt by the Division of the letter of authorization from Weld County. The suitability of the structure for the intended end-use will remain in tact should the end-use later be upgraded to mixed Residential and Recreation by the later approval by Weld County of a PUD. Upon receipt of such approval, the Division will be notified as to the appropriate action or actions needed to secure release of the property by the Division, which may include the need to revise the permitted reclamation plan to include the PUD for residential use. 2 Correspondence of Monday 8 May 2000 to DMG RE: DMG Permit M84-099 - Bailey Pit: Technical Revision: Hall-Irwin Construction Co. in cooperation with Goose Haven Sand & Gravel, Inc..