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October 11, 2012 <br />Dear Mr. Keffelew: <br />Telephone: 303 - 985 -1070 <br />e-s >i <br />14,T <br />Mr. Berhan Keffelew <br />Colorado Division of Reclamation Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Pf T10N 3p <br />NO WM' <br />Re: Permit Number 1d-2004-031 — Hazeltine Mine, Revision No. T1�01 <br />The Division's current decision date for TR -01 is October 15, 2012. While AI is <br />Aggregate Industries <br />West Central Region, Inc. <br />1707 Cole Blvd., Suite 100 <br />Golden, CO 80401 <br />AGGREGATE <br />INDUSTRIES <br />The Division's adequacy letter dated October 4, 2012 indicates that an amendment to the <br />above - referenced permit may be required if a portion of the 10 -inch force main as <br />proposed in TR -01 is outside the permit area. As indicated in Aggregate Industries' (AI) <br />original technical revision request of May 4, 2012, a portion of the force main will be on <br />the Howe Reservoir property owned by Denver Water Board (DWB) and DWB is <br />cooperating with AI in granting a utility easement to accommodate that section of the <br />force main. A legal description, including survey drawing identifying the location of this <br />easement, was included in AI's letter to the Division dated August 3, 2012. <br />AI has granted easements for pipelines, electrical services, and other utilities on its <br />mining properties to various entities, including adjacent mine properties owned by others <br />for utilities associated with reservoir facilities, and we are not aware of any amendments <br />having been required for the easements or work associated with installing the utilities. <br />The terms of the easement agreements, which are recorded and of public record, contain <br />specific location information and provide for restoring any areas disturbed in association <br />with the installation of the structure(s) for which the easements are granted. AI therefore <br />disagrees with the Division's position that a permit amendment would be required if the <br />proposed easement is actually exercised. <br />As noted in AI's last communication to the Division dated September 25, 2012, AI would <br />prefer to negotiate with neighboring property owner Fred Orr for purchase of his <br />property, which if successful would result in the withdrawal of the technical revision <br />request for the TR -01 proposed drainage system. Corporate approval for funding such <br />purchase proposal is in progress and AI will now be contacting Mr. Orr to initiate <br />negotiations. <br />An Equal Opportunity Employer <br />