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September 29, 2010 CSIX M <br />P 3 0 2010 <br />Mr. Jared Ebert DM&io 1 sit 90a;JAiroa r <br />A?lltli?.g ?In'?il ???y <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1300 Sherman Street, Suite 200 AGGREGATE <br />Denver, CO 80203 INDUSTRIES <br />I'll <br />Re: Permit No. M-2000-082 - East 8Street Operation <br />Dear Mr. Ebert: ,/ <br />In response to corrective action ssseet forth in your report on the Division's inspection conducted March 31, <br />2010, Aggregate Industries (AI) submits the following: <br />With regard to mining within 200 feet of certain structures prior to obtaining Division approval, as noted <br />in the inspection report: <br />Prior to mining within 200 feet of the Ogilvy Ditch, AI's plant manager communicated with the <br />Ogilvy Irrigation & Land Company (Ogilvy) Board president, who agreed to allow mining closer <br />than 200 feet; however a structure agreement was not secured at that time. Following the <br />Division's inspection, I communicated with the now former Ogilvy Board president and he <br />affirmed the previous communication and permission. A structure agreement form stating AI's <br />commitment to repairing, replacing or compensating Ogilvy for any damage that might be caused <br />to the ditch has been provided to the former Board president for signature. While still a member <br />of the Board, he is no longer an officer and therefore passed along the structure agreement for <br />signature by the appropriate person. We are still attempting to secure the signed agreement and <br />would therefore request a thirty (30) day extension of time to October 30, 2010 to address this <br />matter. <br />As the inspection report indicates, Al has affected land within 200-feet of East 8"' Street <br />(Colorado Highway 263); however AI's operations in that area to date have been limited to <br />stockpiling of overburden material, which will not adversely affect the stability of this structure. <br />Extraction of material within 200-feet of this structure, which may have the potential to affect the <br />stability of this structure, has not occurred. In accordance with an agreement with property owner <br />Greeley Urban Renewal Authority (GURA), Al has maintained a minimum 200-foot mining set- <br />back from the property boundary until GURA decides whether or not to have a slurry cutoff <br />trench installed around the perimeter of the mine, and as East 8t' Street (Colorado Highway 263) <br />structure and associated right-of-way is located north of the mine, outside the property boundary, <br />it is 200 feet or more from the current extraction area. <br />We would additionally note that upon AI's initial notification and submittal of an agreement <br />regarding proposed mining within 200 feet of Colorado Highway 263 to the Colorado <br />Department of Transportation (CDOT), dated September 11, 2000, CDOT requested an <br />Aggregate Industries <br />West Central Region, Inc. Connie N. Davis, Land Advisor <br />1707 Cole Blvd., Suite 100 P. O. Box 337231, Greeley, CO 80633 <br />Golden, CO 80401 Phone: 970-396-5252 <br />Telephone: 303-985-1070 An Equal Opportunity Employer