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L.G. EVERIST, INC. <br />November 5, 2007 <br />Mr. Carl Mount <br />Division of Reclamation, Mining and Safety (DRMS) <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />CORPORATE OFFICE <br />300 S. PHILLIPS AVE. • SUITE 200 <br />P.O. BOX 5829 <br />SIOUX FALLS, SD 57117-5829 <br />PHONE 605-334-5000 <br />FAX 605-334-3656 <br />16, MOUNTAIN DIVISION <br />7321 E. 88TH AVENUE - SUITE 200 <br />HENDERSON, COLORADO 80640 <br />303-287-9606 <br />FAX 303-289-1348 <br />RE: Acreage Release Request C u-0 t ) `, <br />Site: Fort Lupton Sand and Gravel Mine, Permit No. M-1999-120 ? <br />Dear Mr. Mount: <br />?NOV O <br />? Z0Or <br />Division of na <br />MiningdSa et t, , <br />ty <br />We are submitting this acreage release request for release of approximately five (5) acres (5.192 acres) <br />of permitted acreage of DRMS Permit No. M-1999-120, Fort Lupton Sand and Gravel Mine. <br />Attached please find the current Exhibit C-3: Mining Plan Map for reference. The approximately 5 acre <br />area we would like to have released is located in the northeast corner of the Swingle North Pit. This small <br />area is within the permitted acreage, but was never within the designated mining area, due to the large <br />house and outbuildings located on the 5 acres. The 5 acres have not been mined; or disturbed in any way <br />by the mining operation, so no reclamation is needed. This 5 acre area is also not bonded - we are doing <br />phased bonding at this mine - so no bond calculation or bond release is needed for this acreage release. <br />We have already "vacated" this area from our Weld County USR Permit #1255. The Weld County <br />Resolution approving the Partial Vacation, dated June 18, 2007, is attached for reference. We have also <br />legally separated the 5 acres through the Weld County Recorded Exemption process. After legally <br />separating the acreage, we sold it to Mr. and Mrs. Fred Dodge, who are using and maintaining the house <br />and outbuildings - hence the land continues to have a beneficial use. <br />We have sent letters to Mr. and Mrs. Dodge and to the Weld County Clerk and Recorder to inform them of <br />our acreage release request. We will forward the proof of receipt to you as soon as they are returned. <br />We will be happy to furnish the Division with an updated Exhibit C-3: Mining Plan Map. We have not <br />attached an updated map at this time in case the Division would like to add notes relating to the acreage <br />release to an updated map. <br />If you have questions, please feel free to contact me directly at 303-286-2247 or via email at <br />Imshults@lgeverist.com. Thank you. <br />Sincerel i <br />VV <br />Lynn Mayer Shults <br />Regulatory Manager <br />cc: L. G. Everist, Inc. - Dennis Fields, Richard Schneider <br />Mr. and Mrs. Fred Dodge <br />Weld County Clerk and Recorder <br />att: Exhibit C-3: Mining Plan Map <br />Weld County Resolution approving the Partial Vacation <br />Letter - to Mr. and Mrs. Dodge <br />Letter/Fax - to Weld County Clerk and Recorder <br />FL-PartRel-Swingle5ac-l 10507.doc via Certified Mail # 7006 2150 0003 6779 7347