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Landmark E ~NEERIN© Ltd. <br /> <br />Engineers Planners <br />May 18, 2006 <br />Project No. LOVREA-SI3B-51-108 <br />Mr. Thomas A. Schreiner <br />• Surveyors Architects ~ G e a t e c h n i c a l <br />RECEIVED <br />fMAY 2 22006 <br />Colorado Division of Minerals and Geology <br />Department of Natural Resources U Dlvitlon of Mlnarala and GealoBY <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 / <br />12E: Larimer Pit, Permit No. M-1974-069,112 Amendment Application Package, AM-2 <br />Dear Mr. Schreiner: <br />This letter is in response to our recent telephone conversation regarding the above referenced project. The items of <br />concern fog you were:-1 j The hnformation thst tlrebatckplant and offeu are a iegitimate use accoidirig to Lnrinre~ Couniy <br />and will not need to be removed at the completion of the mining operations on site; 2) The inclusion of <br />demoli[ion/reclamation costs for the plant site in Exhibit L; and 3) Loveland Ready Mix Concrete, Inc., herein after <br />referred to as operator, provide confimrationtheywill obtain/ttansfernecessarywater rights for Cell #10. The following <br />responds to these concerns. <br />1) The batch plant and office are an approved use on the site according to Larimer County. I reference you to the <br />statement on the recent written response to your letter of March 27, 2006. Item 6.0 on page 3 of 5 outlines the legality <br />of this use. A brief review is the batch plan[ and office were constmcted in 1954. In 1963, Larimer County adopted <br />zoning regulations. The continuous operation of the batch plant and office use during its existence on the site prior to <br />this adoption of regulations qualifies it as a legal non-conforming use under Larimer County's Land Use Code (LCLUC). <br />Section 3:6A and 4.8.2 of the code provide [hat such use is allowed to remain given iP s legal status prior to the adoption <br />of zoning regulations. See the referenced section for a more in depth discussion. In addition, [he operator may, upon <br />completion of mining on the site, keep [he plant open to process material that may become available in surrounding <br />locations. Therefore, it is the intent ofthe operator to not demolish and/or remove the plant site upon completion ofthe <br />mining operations. <br />2) Since the batch plant and office are legal non-conforming uses on the site and would be allowed to continue to be used <br />on site after mining operations cease, the demolitionheclamation ofthe batch plant and office have been removed from <br />Exhibit L. A revised Exhibit L is attached for your review. <br />3) The operators are in agreement with the infomration provided in the Bishop Brogden's letter dated April 21, 2006. <br />They further agee that [hey will not commence with mining of Cell #10 until they have finished mining cell #8. In <br />addi:ian, prior to mining Cell #10,-the operator will apply for a new weA permit in conjtmction with a S W SP which will <br />cover Cell #10. The operator has adequate water resources to replace SWSP requirements associated with the current <br />obligations and remaining mining operations under Permit M-1974-069, including the addition of Cell #10. <br />Please do not hesitate to contact me or the operator if further information is needed. <br />Sincerely, <br />Landmark Engineering Ltd. <br />~~~~ ~i~~ <br />Rodney ~, P.E: <br />RAH <br />attachment <br />3521 West Eisenhower Boulevard Loveland, Colorado 80537 <br />Loveland (970)667-6286 Fax (970)667-6298 Metro (303)629-7124 <br />