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September 19, 2012 <br />Colorado Department of Natural Resources <br />Division of Reclamation, Mining and Safety <br />Attn: Mr. Peter Hays <br />1313 Sherman Street; Room 215 <br />Denver CO, 80203 <br />RE: Response to Adequacy Review Comments No. 2 for City of Greeley <br />25 Avenue Site, Permit No. M- 2002 -020 <br />Dear Mr. Hays: <br />BLUE EARTH <br />Blue Earth <br />P.O. Box 973, Fort Collins, CO 80522 <br />The following discussion and attachments are submitted on behalf of our client, City of Greeley, <br />in response to the Adequacy Review comments preared by the Division of Reclamation, Mining <br />and Safety dated August 17, 2012 for the 25 Avenue Site 112 Construction Materials <br />Reclamation Permit Amendment application. The information and discussion below addresses <br />each comment as it was presented by the Division: <br />1. Wellstar Corporation and the Estate of H.L. Willett were identified as potential mineral <br />rights owners /lessees during a mineral rights title search for the 25 Avenue Site local <br />permitting requirements. Both entities informed us that they do not have mineral <br />interests within 200 feet of the 25 Avenue Site. Neither entity is an affected land owner <br />of record (surface area) or owners of the substance to be mined, therefore, they are not <br />included in Exhibit O. Additionally, neither entity owns property, easements, right -of- <br />ways, structures, or utilities within 200 feet of the 25 Avenue Site so they are not <br />included on Exhibit C plan maps. <br />2. Notice was provided to Associated Natural Gas, Inc. of Greeley, Colorado. The owner of <br />the gas easement called out on Exhibit C -5 is Natural Gas Associates, taken from the site <br />title search information. Contacting the address notified, 3026 4 Avenue, Greeley, <br />Colorado 80631 (970- 378 - 6340), Lew Hagenlock confirmed that Natural Gas Associates <br />was a predecessor of Associated Natural Gas, Inc. which was a predecessor of Duke <br />Energy Field Services which was a predecessor of DCP Midstream. In addition to <br />Associated Natural Gas, Inc. being notified, DCP Midstream has been contacted several <br />times regarding the project. We were told that the proper entity has been notified. The <br />table in Exhibit C -1 was changed to include `Natural Gas Associates' as the owner of the <br />gas easement, as still recorded in the property title documents. A revised Exhibit C -1 is <br />attached. <br />3. The cross - section on Exhibit C -5 has been corrected to read "50' MIN ". A revised <br />Exhibit C -5 is attached. <br />