2008-01-23_PERMIT FILE - M2007069 (2)

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Permanent Man-Made Structures Letter of Agreement Date: January 21, 2008 To Whom it May Concern: This agreement between CENTENNIAL STATE PAVING, INC. the operator of the PHEASANT RUN GRAVEL PIT engaged in the activity of gravel mining and ROCKY FORD HIGH LINE CANAL COMPANY, 25700 STATE HIGHWAY 71, P.O. BOX 804 ROCKY FORD, COLORADO 81067. This agreement will cover ROCKY FORD HIGH LINE CANAL COMPANY ditch operations in the SW 1/4 of Section 32, Township 21 South, Range 60 West, of the G`b P.M., Pueblo County, State of Colorado. This agreement is to provide that CF.NTEi~VMAL STATE PAVING, IItiiC. can carry on normal gravel mining activities within the property and within the MLRB Permit Boundary Line. It also provides that any damage caused by the mining operation to ROCKY FORD HIGH LINE CANAL COMPANY ditch and/or structures, equipment or improvements will be compensated by CENTENNIAL STATE PAVING, INC. to ROCKY FORD HIGH LINE CANAL COMPANY. This agreement is to comply with Rule 6.4.19 of the Colorado Division of Reclamation, Mining and Safety, Land Reclamation Board Rules and regulations dealing with any adverse affect on any sia°nificant, valuable or permanent man-made structure within 200 feet of the affected land. ADDITIONAL CONDITIONS: 1. Start Mining on the South Side of the Canal. Reduce the phasing from four (4) to three (3) as shown on the revised Mining Plan Map. 2. The temporary Portable Bridge would be allowed to span over the canal. The free board under the Bridge shall be a minimum of four (4) feet this is measured from the lowest structural member underneath the bridge to the ground at the abutment on both sides of the bridge span. 3. Mining on the South side of the canal will start at 50 feet from the canal bank and extent fifty (50') feet outward into phase one. The slope shall be at 3 horizontal to 1 vertical (3h:ly) down to the pit floor. Please refer to the revised Mining Plan Map dated January 12, 2008. 4. Mining shall not start on the north side of the canal in phase two (2) or three (3), until both parties have agreed to the distance in feet from the centerline of the canal. The distance is dependent upon findings of the geological study that CENTENNIAL STATE PAVING, INC. has commissioned. After review of the geological study both parties will agree upon an appropriate distance from the centerline of the canal and also re-establish the possible mining along the north side of the canal between phases 2 and 3. 5. The Operator/applicant CENTENNIAL STATE PAVING, INC. shall commit that if ground water is encountered during mining that they will stop mining said area and cover the exposed water area with a minimum of two (2) feet of soil {overburden). Any area that is found to have ground water within two (2) feet of the surface will not be mined. 6. Both parties agree to work out any grievances in a timely and good faith approach. This agreement shall be binding on the Heirs, Successors and assigns of CENTENNIAL STATE PAVING, INC. and the ROCKY FORD HIGH LINE CANAL COMPANY.