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Introduction <br />The following materials aze an application to amend DMG Reclamation Permit No. M- <br />2001-085 to include 1.51 acres that will be used as a private access road connecting the <br />mining site to 120' Avenue. Initial approval of DMG Permit No. M-2001-085 included <br />an access route to the mining site via an existing driveway off of 124' Avenue. Since the <br />time of DMG approval, the Applicant, the 124` Estates Partners, LLC, has entered into a <br />contract to purchase land adjacent and south of the mining site and extending to 120`s <br />Avenue, thus allowing the opportunity to provide access from 120`s Avenue. <br />In Mazch 2002, the Applicant also received approval of a conditional use permit for <br />mining of the site from Adams County (Case # RCU2002-00005). The terms of the <br />conditional use permit require access from 120' Avenue rather than from 124a' Avenue. <br />This access route was approved by the County and Commerce City, which has <br />responsibility for traffic on 120ei Avenue; and improvements to the intersection of 1200' <br />Avenue and Highway 85, required by those entities, were also reviewed and approved by <br />CDOT, which issued a construction permit for the improvements. As of early September <br />2002, the Applicant had already completed construction of a left hand deceleration and <br />turn lane from northbound Hwy 85 onto 12001 Avenue. <br />The Applicant is now in the position of having received a DMG permit with access from <br />12401 Avenue and having received Adams County approval with access from 1200' <br />Avenue. The Applicant prefers that access to the mining site be from 12001 Avenue, as he <br />has invested considerable time and expense on improvements to the intersection of Hwy <br />85 and 12001 Avenue, and there will be fewer impacts to the neighborhood, if this access <br />route is used. Adding urgency to the Applicant's situation is the fact that the City of <br />Brighton has already purchased the mine site for its ultimate reclaimed use as a water <br />storage reservoir. The City is anxious to begin use of this water storage capacity in 2003 <br />and is thus also anxious for mining and reclamation activity to begin. <br />Exhibit A -Legal Description <br />The access route proposed for addition to DMG Permit No. M-2001-085 will cross land <br />owned by the Henad Company and a small parcel owned by Peter Schibli, as shown by <br />the drawing of Exhibit C of this Application to Amend. The Henad Company's pazcel <br />amounts to approximately 69.5 acres, on both sides of the Fulton Ditch and adjacent to <br />12001 avenue. Peter Schibli's pazcel, as shown in Exhibit C, is a much smaller pazcel on <br />the east side of the Fulton Ditch and adjacent to 12001 Avenue with a street address of <br />11061 East 12001 Avenue. (For clarification, Mr. Schibli and the 1240' Estates Partners; <br />LLC aze partners in the limited Iiability partnership of the I200i Estates Partners, LLP, <br />which has entered into a purchase contract to buy the 69.5 acre, Henad pazcel.} <br />The metes and bounds legal descriptions for the Henad and Schibli parcels aze attached to <br />the deeds showing ownership, contained in Exhibit O of this Application to Amend. The <br />Application to Amend - 1 - 124' Estates Partners, LLC <br />DMG 112 Reclamation Permit M-2001-085 124` Estates Sand and Gravel Mine <br />Scott Keen -September 2002 Henderson, Colorado <br />