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Erica Crosby <br />Division of Minerals and Geology <br />January 14, 2005 <br />Page 5 of 5 <br />25. 200' Setback from County Roads until Agreement is Obtained: The applicant is currently <br />working with Routt County to obtain the necessary land use approvals for this expansion. As <br />you may know, it is not at all unusual for Counties to refuse to enter into setback agreements <br />until land use approvals are final. However, we would like to obtain Mined Land Reclamation <br />Board approval on this application prior to finalizing the County permit. We previously submitted <br />a notarized commitment from the applicant to maintain a 200' setback from County roads until <br />an agreement is obtained. We have also added a note to the enclosed Exhibit C-3 stating that a <br />200' setback from County Roads will be maintained within all future affected areas until an <br />agreement or Slope Stability Analysis is submitted to and approved by the Division. We would <br />prefer not to change the maps themselves, however, because we are concerned about the <br />possibility that an amendment could later be required by the Division (for an increase to the <br />affected area), and because we believe the commitments contained in the map note and <br />affidavit are sufficient to bind the applicant and operator. <br />Additional Issues <br />Access -Please note that Exhibit C-3 has been modified to show an additional truck access point. <br />Recent discussions with the applicant and County have resulted in a change to the planned ingress and <br />egress for truck traffic using the site. The applicant is now proposing that the eastern-most access be <br />used for trucks entering the site, while the western-most access will be an egress-only point. We feel <br />that this change will result in a safer traffic pattern at this site. <br />Public Comment Period Extension -The public comment period for this project will need to be <br />extended because of a publication error at the Steamboat Pilot newspaper. The public notice was first <br />published on December 5, 2004, but subsequent notices were not published until we caught the error <br />and requested that the remaining 3 notices be published on January 9`h, 16'", and 23rd. Therefore, the <br />new public comment period will end on February 14, 2005. <br />Please let me know if additional information is needed. Thank you. <br />Sincerely, <br />Maureen Jacob ~~~2~%~ <br />Y <br />Project Manager <br />Attachments: Division's Adequacy Review Letter, dated Dec. 23, 2004 <br />Proof of Mailing -Returned Receipt Cards <br />Exhibit I -Soils Information <br />Exhibit C-2: Natural Features <br />Exhibit C-3: Mining Plan Map <br />Exhibit F: Reclamation Plan Map <br />cc: Kirk Eberl, King Mountain Gravel, LLC <br />Mike Jones, King Mountain Gravel, LLC <br />Routt County Clerk and Recorder's Office (for public review) <br />