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WILEY PIT <br />M-1977-223 <br />Permanent Man-Made Structures Letter of Agreement <br />RULE 6A.19 <br />JBS FIVE RIVERS RANCH CATTLE FEEDING LLC (Operator Name); 22M US HWY 50 LAMAR, CO 81052 <br />Phone: 719 8294841 (Address and Phone Number), has filed an AMENDMENT APPLICATION (RULE 1.10) for a Regular <br />(112c) Construction Materials Operation Reclamation Permit File Number M-1977-223 with the Colorado Mined Land Reclamation <br />Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is <br />known as the (Name of the Mine) WILEY PIT, and is located at or near Section 19, Township 22 South, Range 47 West, 6 th Prime <br />Meridian, and PROWERS County, State of Colorado. <br />The proposed date of commencement is JULY 2010, and the proposed date of completion is Summer, 2040. The proposed future <br />use of the land is (Future Land use) DEVELOPED WATER STORAGE. Additional information and tentative decision date may be <br />obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) <br />866-3567, or at the (County Name) PROWERS County Clerk and Recorder's office; (Clerk and Recorder's Address) 301 South <br />Main, RM 210 Lamar, CO 81052, or the above-named applicant. Comments must be in writing and must be received by the <br />Division of Reclamation, Mining, and Safety by 4:00 p.m. on <br />(Final Date for Comments) MAY 5• 2Q LO. <br />Please note that under the provisions of C RS. 34-32.5-101 et seq. Comments related to noise, truck tray rc, hours of <br />operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this <br />Office's jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the <br />Division of Reclamation, Mining, and Safely or the Mined Land Reclamation Board. <br />This agreement between JBS Five Rival's Cattle Feeding LLC the operator of the Wiley Pit, and <br />Atmos Energy Corporation <br />Mailing Address: 12001 IM Avenue Greeley, CO 80631 <br />Phone Number: (974) 304-2064 <br />This agreement will cover operations in the a parcel of land in portions of Section 19, Township 22 <br />South, Range 47 West, 6 th Prime Meridian, and PROWERS County, State of Colorado. This gravel <br />pit is North of U.S. Highway 50. Please see attached Exhibit "A" for the SITE PLAN MAP and <br />Exhibit "B" for the VICINITY MAP. <br />This agreement is to provide that JBS Five Rivers Cattle Feeding LLC can carry on normal gravel <br />mining activities within the property and within the MLRB Permit Boundary Line. It also provides that <br />any damage caused by the mining operation to your structures, equipment or improvements, will be <br />compensated by JBS Five Rivers Cattle Feeding LLC. This agreement is to comply with Rule 64.19 <br />of the Colorado Division of Reclamation, Mining and Safety, Land Reclamation Board Rules and <br />regulations dealing with any adverse affect on any significant, valuable or permanent man-made <br />structure within 200 feet of the affected land. <br />2