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* I -19gl-a q, <br />CONSTRUCTION AUGREGATF_5 LEASING GOLF <br />_EP 0 8 2C)O # <br />0 = Dmsion of Rsc!ama ion, <br />i .n rQ and Safety <br />August 20, 2008 <br />QW C ?1?tc5rr C°R?odt? <br />,-126&P unty Roa 58 S _zuN 5? i • Sim • 128 <br />NCO 80NJ+?R, c? 8 oz2? <br />RE: Hall-Irwin Corporation's Baseline Resource, Structure Agreement <br />To Whom It May Concern: <br />Hall-Irwin Corporation has submitted an application to the Division of Reclamation, Mining and Safety <br />(DRMS) to amend their Baseline mining permit to include a slurry wall along Weld County Road 23.5. This <br />property is located in the southeast quarter of Section 36, Township 1 North, Range 67 West, of the 61h <br />P.M. Excel Energy has an easement adjacent to this site. Hall-Irwin is currently mining this site, which is <br />designated phase 4 on the mining plan. I have attached the mining plan for your reference. <br />The DRMS requires that the applicant "provide a notarized agreement between the applicant and the <br />person having interest in the structure stating that the applicant is to provide compensation for any damage <br />to the structure." Hall-Irwin has conducted an engineering evaluation to ensure that no structures will be <br />damaged by activities occurring during the mining process. This analysis shows that with a setback of 25' <br />from the property line to the slurry wall and then a 15' setback from the slurry wall to the mining high wall, <br />which will be mined at a 3:1 (horizontal to vertical) slope, there is a factor of safety of at least 1.67 (refer to <br />attached analysis for details). As an abundance of caution, Hall-Irwin will also provide Qwest <br />compensation for any damage that occurs to your structures. <br />The DRMS also requires that the applicant submit a public notice to all easement holders that are within <br />200 feet of the boundary of the affected land. I mailed your company this notice on August 12, 2008 via <br />certified mail and I have also attached a notice for your information. You have the right to a 20-day <br />comment period with the Division. As part of this agreement, you also agree that we have addressed your <br />concerns and that you waive your right to the 20-day comment period. <br />Please acknowledge that you concur with the above statements by signing this document. <br />HALL 1 RWIN <br />C O R P O R A i 1 0 N <br />o?ti1?z <br />PS ? <br />i;, •r ..,!, n•t Gn,-r,r? r':nr Ur.?nn Htli.'t! un Rc. 21', r1 r-„+r.ri r,;. rMIOR1110 On632 <br />Ii ::B •t ;?•. <br />'lll t>fr >'/ 1I 1.] er't,.t r r,H-t Mr f'00 ''? %-; 352