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DELTA COUNTY, COLORADO <br />Office of the County Engineer <br />Delta County Courthouse <br />50! Palmer Street, Suite?~7 <br />Delta, Colorado 81416-1796 <br />P hone: 970-874-2035 <br />Job Number 4000204 <br />15 December 2004 <br />Benson Brothers Truck and Equipment <br />2134 J50 Road <br />Austin, CO 81410 <br />Re: Agreement between Benson Brothers and Delta County in accordance with <br />DMG MLRB Construction Material Rules and Regulations, Rule 6; <br />Pig Mesa Gravel Permit <br />Rule 6.3.12 EXHIBIT L -Permanent Man-Made Structures, Paragraph (a) requires a <br />notarized agreement between the Applicant (Benson Brothers) and the Person having <br />an interest in a permanent structure within 200 feet of the affected land stating that the <br />Applicant is to provide compensation for any damage to the structure. On review, I have <br />determined the required agreement is already in place. It consists of six (6) pages <br />including Resolution 2004-R-034; and Delta County Development Agreement signed by <br />the County and the Bensons on 15 October 2004 with Exhibits A and B. <br />The Agreemenf addresses fhe MLRB requirement for protection of structures wthin 200 <br />feet of the operation, and addresses the issues of Delta County as stated in the <br />Development Agreement. The issues are summarized below: <br />• A Delta County Development Agreement has been issued to Benson Brothers by the <br />Board of County Commissioners. The Development Agreement requires Benson <br />Brothers to be responsible for the maintenance and repair of any damages to any <br />part of Fairview Road caused by the operation of the proposed Benson Brothers Pig <br />Mesa Pit. <br />• Benson Brothers are required to establish an escrow account with the Dena County <br />Treasurer to collect $0.03 per ton of sand and gravel produced in the proposed Pig <br />Mesa Gravel Pit. The $0.03 per ton is to be used for maintenance and repair of <br />Fairview Road for damage caused by gravel, mining, concrete and asphalt <br />operations. <br />• It is the intent of Delta County and a condition of its local approval of the proposed <br />Benson Brothers Pig Mesa Gravel Prt that if Benson Brothers does not properly <br />maintain or repair Fairview Road, when damaged, or cause same to be done, the <br />escrow fund established pursuant to the Development Agreement shall be applied <br />for that purpose. <br />Page 1 of 2 <br />