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r,f` ~, <br />~~ ~ lN~ilanrJ. Inc_ <br />cnviranmental & engineering <br />December 22, 2003 <br />Clay Munger <br />Merit Energy <br />1313 N. Denver Ave. Bldg 3 <br />Fort Lupton, CO 80621 <br />Re: Proposed Asphalt Specialties Co., Inc. Turnpike <br />Gravel Pit, S31, T2N, R68W <br />Dear Mr. Munger, <br />• Transportation <br />• Land P,evelopment <br />• Mining <br />• Industry <br />The Colorado Division of Minerals and Geology requires notification to owners of <br />permanent man made structures within 200 feet of the affected land. The pit <br />excavation in this case defines the affected land. The pit area is the actual limit of <br />excavation. Pit reclamation will leave a pond that will occupy the pit boundary. <br />The proposed excavation will encroach Merit structures as shown in the enclosed <br />draft mine plan. The plan excavates as close as 10 ft from Merit flow lines and 40 ft <br />from the well (Merit Cinque 1) as a temporary condition. The plan will backfill a <br />setback of 25 ft from flow lines and 150 ft from the well within two weeks of <br />excavation (permanent). Asphalt Specialties Co., Inc. (ASCI) would like to make an <br />offer on the purchase of Cinque 2 and therefore the draft plan does not show <br />setbacks from that well and appurtenances. Rob Laird of ASCI will be sending an <br />offer letter under a separate mailing. <br />The Division of Minerals and Geology Construction Materials Rule 6.4.19 (c) states: <br />Where such a structure is a utility, the Applicant may supply a notarized letter, on <br />utility letterhead, from the owner(s) of the utility that the mining and reclamation <br />activities, as proposed, will have "no negative effect" on their utility. <br />We are requesting that you provide us with a notarized letter as indicated above. <br />Sincerely, <br />Peter Wayland <br />President <br />environmental Support for. <br />TD395 Colfax Ave.. Suite 35D. Lakewood. CD BD215 <br />ph 3D3-d36-D951 fax 3D3-43S-D953 <br />