2009-03-11_REVISION - M1999098 (6)

Home Browse Search

Mr. Eric Scott March 10, 2009 Page 8 of 9 adversely affect the stability of any significant, valuable and permanent man-made structure located within 200 feet of the affected area, the applicant may either: Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. It is noted that you have provided a geotechnical stability analysis with the application. However, Aggregate Industries is required to show proof of an attempt to obtain agreements with all structure owners within 200 feet of operations within the amended properties. Please provide evidence (certified letter to structure owners) that a notarized agreement between the structure owners and the applicant was pursued. If for some reason an agreement is unable to be reached, the Division will review the Geotechnical Stability Exhibit as an alternative for each of those structures. The Division is especially interested with regard to agreements with owners of groundwater wells that may be potentially impacted by the proposed operations, as this operation is a "wet mining" site. Applicant attempted to enter into an agreement with all structure owners within 200' of operations within the amended area. Certified Mailings, including copies of the stability analysis, were sent to the 20 structure owners within 200'of the proposed amended area. Copies of the letters and the proposed agreements are attached. The return receipts for these mailings are also attached. Applicant received signed agreements from: Qwest North Weld County Water District DCP Midstream Beverlee Allison Copies of the signed agreements are attached for your records. One additional agreement has been negotiated with structure owner Feuerstein and will be submitted to the Division upon execution by the parties to that agreement. Aggregate Industries WCR, Inc, requests that the Division accept the Certified Mailings and Agreements received to date as the required attempt to reach agreements with the structure owners. The mining limits as proposed are based on the Stability Analysis prepared by Tetra Tech, dated September 24, 2008 and included in Exhibit S of the application as submitted to the DRMS on November 3, 2008. The proposed setbacks will assure that operations will not adversely affect the stability of any significant, valuable and permanent man-made rre-4