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August 20, 2002 RECEIVED AUG 2 1 2002 Ms. Erica Crosby Colorado Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, Colorado 80203 Division of Minerals and Geology Subject: M-2001-085, 124'" states Sand and Gravel Mine `~ ~C~y fcd ~~ -~ ~~ CICwi~Caht>n t~htw o.ccl.~ t~td keed~ iv ~ Pte" Dear Erica, Through most of the DMG permitting process for this site, the applicant had planned on accessing the property from an existing driveway off of 124`" Avenue. Although it was never a condition of DMG approval, the applicant did look for an alternate way to access the site, because some of the neighbors were expressing concerns about the proximity of truck traffic to their homes or to their rental properties, if the ~lanned access from 124'h Avenue was used. In May 2001, the applicant, now the permittee (124' Estates Partners, LLC), entered into a contract to buy approximately 70 acres immediately south and southwest of the site (north of 120'h Avenue, west of Hwy 85, on both sides of The Fulton Ditch). Comfortable that access would be available from 120'h Avenue, the DMG permittee sought approval of access from the south, as it went through the Adams County conditional use permitting process for mining; and in fact, when the conditional use permit was approved in March, 2002, it required access from 120'" Avenue (see Stipulation 5 of the attached letter of March 20 from the Adams County Planning Manager). Commerce City, being owner and responsible for the 120'h Avenue right-of--way in the area of the site, was a referral agency in the Adams County conditional use permitting process and has required significant improvements to 120'h Avenue and Hwy 85 at their intersection. These improvements, including a left turn deceleration lane on Highway 85, are now nearing completion. So, the applicant is now in the position of having received DMG approval, with access from l24`h Avenue, and having been approved for a conditional use by Adams County, with access from 120th Avenue. As you and I have discussed, the 124'h Estates Partners, LLC will be applying to amend Permit No. M-2001-085 to add about forty acres, which is immediately southwest of the currently permitted area, to the permit It is logical that the access route to 120'h Avenue, discussed above, be a part of this application to amend; however, the applicanUoperator anticipates that access to ]20'"Avenge will be needed two to six months before the application to amend can get through the DMG review process. The applicant/operator is thus asking if there is an opportunity for temporary, administrative approval by the DMG for an access route to connect the currently permitted area to 120'h Avenue. Following are the points that the applicanUoperator would like to highlight with this request. The access to the south has been approved by Adams County and Commerce City, which has jurisdiction for traffic concerns on 120'h Avenue and at its intersection with Hwy 85; and the improvements required by Commerce City are underway. The applicant operator has signed a contract to purchase the land through which the access route would cross. The purchase contract allows the applicanUoperator to use the land for this purpose.