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WSTONE AGGREGATES, LLC. <br />P.O. Box 483 <br />Cortez, CO 81321-0483 <br />19 May 2008 <br />Ms. Kate Pickford <br />Colorado Division of Reclamation, Mining, and Safety <br />Durango Office <br />VIA E-mail <br />SUBJECT: File No M-2008-010 Mud Creek Pit 112(c) Permit Application. Summary of commitments as <br />requested, your letter of 13 May 2008 <br />Dear Ms. Pickford: <br />This is a summary of the items to which we commit as part of our application. These items were identified <br />in detail in our response (Parts I and II): <br />1. Commit to'reserve' all soil types as much as possible for use in reclamation. <br />2. Commit to depth of 18 inches of SOIL (not topsoil") in irrigated areas. <br />3. Commit to do soil balance calculations for soil before selling; otherwise, we will have no sale of soil. <br />4. Commit to test soil before applying soil amendments. <br />5. Commit to verifying that all backfill material meets the definition of Rule 1.1(20). <br />6. Commit to using the 'Semi-irrigated pasture seed mix' or the `Dryland pasture seed mix" (as <br />appropriate and recommended by NRCS) for areas not used as cropland or roads after reclamation. <br />7. Commit to maintaining setbacks from all significant man-made structures (as identified in Exhibit S) so <br />that the horizontal distance from the toe of any slope excavated in the mining operation to any <br />protected structure is at least twice the depth of the excavation, until such time as a damage agreement <br />is obtained between us and the persons having an intent in these strictures. <br />8. Commit to providing a notarized damage agreement between us and the McStone Aggregates <br />principalsllandowners prior to any removal, relocation, or damage to structures located within the permit <br />boundary. <br />9. Commit to the actions detailed in revised Exhibit S as submitted to you and Mr. Sorenson. <br />We hope that this assists in the review and processing of our permit. <br />Submitted by: <br />KATHY STONE, MANAGER, McSTONE AGGREGATES <br />CF: Allen Sorenson <br />Carl Mount <br />State of Colorado ) <br />County of Montezuma )a <br />1, a Notary Public, hereby certify that EaseIellaci, whose name is signed to the foregoing <br />instrument, and who is known to me; acknowledged before me on this day that, being informed <br />of the contents of the instrument, he executed the same voluntarily. <br />W=J Al BAMN <br />Given under my hand and official seal, this the 19th day of May, 2008. ruTARY PUBUr. 4 <br />00p ? STAdTIE OF SOUF 9 D'LAOTA b <br />rJOG....}" OG`DOG0G3?C?©G1L'+Q46C?a7e0?6bW <br />Nathan A. Barton, Notary Public My Commission Expires 02DEC2011