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.., „~, <br />AGREEMENT <br />WHEREAS: High Plains Sand and Gravel, LLC, hereinafter known as High Plains, currently has <br />a 110 Mining permit from the Colorado Department of Natural Resources, Division of Minerals <br />and Geology, hereinafter known as Minerals and Geology. High Plains is applying to convert <br />their 110 permit to a 112 permit. The application azea is located in the Southeast 1/4 of Section <br />3, Township 9 North, Range ~8 West of the 6`" P.M, Lorimer County, Colorado. The site <br />contains 49f acres. It is bounded n the West side by Interstate Highway 25, on the North by an <br />existing Metes and bounds pazcel of land, on the East by County road No. 5, and on the South by <br />an existing metes and bounds pazcel of land. <br />WHEREAS: Minerals and Geology, requires the applicant for a mining pemvt, or an applicant <br />for a revision to an existing musing permit, to inform landowners ofproperty adjacem to the <br />proposed mine about the mining operation and the subsequent reclamation of the area. The <br />applicant is further required to obtain a notarized agreement between applicant and any person or <br />entity having an interest in a structure within two hundred (200) feet of the mining operation. <br />WHEREAS: Mining activities to extract gravel have taken place on this site since the 1950's and <br />such extraction activity has not caused any appazent damage. High Plains is the current owner <br />and operators of the gravel extraction operation. They do not anticipate that there will be damage <br />to any structures that aze owned by others and that are lying within two hundred foot of their <br />proposed mining operation. <br />WHEREAS: The Colorado Department of Transportation, hereinafter known as ChOT, has <br />knowledge of the past gravel extraction operations performed by High Plains and others at this <br />locatiop, and has recently inspected that portion of the right-of--way of Intestate Highway 25 <br />which is adjacent to, and within two Hundred (200) feet of High Plains current operation. No <br />appazent damage attributable to the current, or past, gravel extraction mining operation was noted <br />within the adjacent right of way at the time of inspection. <br />WHEREAS: High Plains employed the services of a registered engineer to prepare a preliminary <br />drainage report for this proposed mining azea. Said report states that the historic runoff from the <br />existing pit drains into a sump adjacent to the Interstate Highway (the frontage road for I-25). <br />The report further states that the runoff from the proposed expanded gravel operation will not <br />drain off site. <br />WHEREAS: The Lorimer County Development Agreement for the Russell Gravel Pit Special <br />Review, File #011-21396, directed that all disturbed areas in the permitted area be graded so that <br />storm water is directed to the on-site holding ponds. <br />Page 1 of 2 <br />FiECEiVED <br />FEB 2 8 2005 Permit #: 1V1- IG~_D1~~ Confidental?: <br />Class: - Type-Seq.: <br />From: ~ To: In'LII, <br />Division ~f Minerals and Geology Doc. Name. nrrie ~ U) i CQ~r ~ <br />Doc. Date (if no' ate stamp): 1.-24i-DS <br />