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McStone Aggregates LLC to DBMS, 19 May 2008 <br />Page 2 <br /> seed mix" for those portions of the site which are not irrigated and not in <br />cropland. The exact areas for each type of pasture will be determined precisely <br />at the time of reclamation, in coordination with the MRCS and adhering to their <br />recommendations at the time, but for planning purposes, those areas with a <br />reclaimed slope generally facing west and north, together with the flatter areas <br />(the floor of the pit) will be seeded as semi-irrigated pasture, and only those <br />areas with a reclaimed slope facing east and south will be seeded with the <br />d land mix.. <br />6. Permanent Regarding comments in the subject letter and the attached memorandum from <br />manmade Mr. Sorenson to Ms. Pickford, we make the following commitments: <br />structures: a. We will maintain setbacks from structures identified as E, M, and N at all <br /> times during operations in the proposed pit such that the horizontal <br /> distance from the toe of any slope excavated in the mining operation to any <br /> structure to be protected is at least twice the depth of the excavation, until <br /> such time as the Applicant/Operator is able to obtain a notarized <br /> agreement with the persons having an interest in these structures that <br /> damage to the structures is to be compensated for by the applicant, and <br /> filed with the DRMS. <br /> b. We understand that mining limits shown in Exhibits C and S are <br /> enforceable. <br /> c. We will provide a notarized agreement between the ApplicanVOperator <br /> and the McStone Aggregates principals/landowners stating that damage to <br /> the structures is to be compensated for by the Applicant/Operator, if <br /> required by the landowners, and will file that with the DRMS prior to any <br /> removal, relocation, or damage to structures located within the permit <br /> boundaries during conduct of the mining operations. <br /> d. We will mine and reclaim in the vicinity of the ponds (identified as features <br /> B, C, and D on Exhibit S, Map S-1, as stated in the revised Exhibit S, to <br /> wit: <br /> 7. The lowest earthen dam is located, as shown in Cross-Section C- <br /> C, Figure E-4-1, page 24,100 feet from the top of the final <br /> reclaimed slope at the nearest point, and 200 feet from the toe of <br /> that slope. The final reclaimed slope at this point is 33:1. <br /> 8. The middle earthen "dam" separating the two lower ponds is <br /> located approximately 100 feet from the top of the final reclaimed <br /> slope, which is actually at or above the elevation of the crest of the <br /> "dam." The toe of the final reclaimed slope is approximately 250 <br /> feet from the dam. The final reclaimed slope at this location is 4:1, <br /> 30 feet in 120 feet. <br /> 9. The upper earthen dam holding the uppermost pond is located <br /> approximately 50 feet from the top of the final reclaimed slope, but <br /> that top is slightly higher than the elevation of the crest of the dam. <br /> The toe of the final reclaimed slope (still 4:1 at this point) is <br /> a roximate 170 feet from the dam. <br />10. SH-160 and Since our last response, we have requested and received utility locates from <br />affiliate Colorado One-Call, and have also discussed the matter with the CDOT Right-