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A le'' <br />pp gate' <br />inc. f <br />:G•roup <br />'SEP O 3.2008 <br />September.2, 2008 _ Division of Reciamafion,'.' <br />„ Kning and Safety - <br />Colorado Division of Reclamation Mining and Safety - <br />Attn . Mr.,Peter Hays' c/ - <br />13"13 Sherman'. Street, Room-215 <br />Denver, Colorado 8,0203 <br />RE: Clarification and Response to Colorado Department of Transportation Regarding <br />the. SerFer Pit, 112- Construction Materials Permit Application (M=2008-006 <br />Connell Resources', Inc. <br />Dear Mr. H <br />In response to discussions with Mr: Gary DeWitt; Materials Engineer, for the" Colorado <br />Department of Transportation (CDOT);'Region 4 representative, we `respectfully. request that`the <br />following information is included as.- part of the- SerFer Pit, 112: Construction "Materials Permit ' <br />'Application (M-2008-006) record. <br />In our discussions with Mr., Gary DeWitt; and in response to questions brought forth during the <br />Mined Land Reclamation Board (MLRB) -Pre-Hearing Conference. on August 20, 2008; CDOT <br />requested clarification regarding the mining limit boundary setback from-the existing Highway` <br />392 right-of-way. 'Although- the Mining Plan (Exhibit C72) identified a "Future 35' Right-of- <br />Way" and a."25' Setback From Future Easement" along the eastern boundary of the property, <br />and the northern boundary,'identified a "25' Setback from Future Right-of-Way", it was unclear. <br />:whether the. actual mining limits on the northern boundary included both the 35-foot future right- <br />of-way setback and the 25-f6ot setback from the future xight-of way. ,Iv an -attempt to clarify the <br />issue with CDOT; a map depicting the northern.boundary and setbacks was submitted to CDOT: <br />It has always: been the intent of ` Connell Resources; Inc. to maintain both setbacks `along the <br />northern boundary. The basis for the mining limits was established based on these setbacks. <br />Upon',further review, a measurement, of the'mining limits as depicted on the, mining plan map <br />(Exhibit C-2) -revealed the mininglimit is'no less than 60-feet from the CDOT,right-of-way..A% <br />copy of the letter ' submitted 'to CDOT and • the map clarifying the : setbacks along the northern <br />'border is included as an attachment to this letter:. " . <br />The next issue.that was discussed with Mr. Gary ;DeWitt- was'in regard to the design of the'grass <br />dined drainage ditch that-will be constructed"along the western boundary. of the-property.. A.firial <br />Drainage Plari and Report. for the SerFer Pit was prepared and provided to CDOT. It-is-important. <br />; <br />to'-note that. this report is required by the Town of Windsor' and. not DRMS. The.final'Drainage.. _ :. <br />1499 West 120th Avehue, Suite 2o0' (303) 452-6611 9.Fax (303).452-2759 <br />Denver, Colorado 80234-2759 www.applegategroup.com