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~ III IIIIIIIIIIIIIIII 999 Barnhart Agency, inc. N ~ 212 West 13th Street Pueblo, CO 81003 • Fax (719) 543-1329 • Ph: (719) 543-1324 December 1, 1998 Mr. Elmo Bailey West Plains Energy P.O. Box 75 Pueblo, Colorado 81002 Re: Mined Land Reclamation Boazd Gravel Pit Application Cesar Pit -Tony J. Beltramo & Sons, Inc. Deaz Mr. Bailey: Tony J. Beltramo and Sons, Inc. is applying for a gravel mining permit from the Mined Land Reclamation Boazd for a permit on property owned by the Cesars immediately south of St. Chazles Road. West Plains Energy owns a power line that crosses for a small distance in the east end of the area being permitted. The line runs from northwest to southeast a distance of approximately 500' in the NE1/4N~V 1/4, Section 22, Township 21 South, Range.64 West, 6`h P.M. Attached is a map showing the location and the proposed "No Mining'.' buffer area 50'.wide on either.side ofthe line. The application states: "There will be a "no mining" azea buffer undisturbed of 50' minimum on either side of the center line of the power line that crosses the NE1/4NW 1/4 of Section 22, T21 S, R64~V from the northwest to the southeast." The Rules and Regulations of the Colorado Mined Land Reclamation Boazd effective January 1996 in 6.4.19 Exhibit S -Permanent Man-Made Structures reads as follows: "Where the mining operation will adversely affect the stability of any significant, valuable or permanent man-made structure located within rivo hundred (200) feet of affected land, the applicant may either: (a) 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 (b) 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 occumng at the mining operation." "Your brand of People" ~,