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AGREEMENT
353
Required By: Construction Materials Rules and Regulations of the
Colorado Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street, Room 215
Denver, CO 80203
Subject/Purpose: Agreement between the undersigned Structure Owner and the Applicant,
as required by the Colorado Division of Minerals and Geology for all
applicants of 112 Reclamation Permits
Site Location: Parts of the NW 1/4 and NE 1/4, Section 6, Township 2 North,
Range 67 West,Weld County, Colorado
Applicant: L. G. Everist, Inc.
7321 East 88th Avenue, Suite 200
Henderson, Colorado 80640
Structure Owner: Weld County - Department of Public Works
P.O. Box 758
Greeley, CO 80632
Structure: Weld County Road 26 within 200 feet of the mining limit
The Colorado Division of Minerals and Geology requires all applicants of 112 Reclamation Permits to
provide notarized agreements between the applicant and the owner(s) of any significant, valuable, or
permanent man-made structure located within 200 feet of the affected property. The agreement shall
state that the applicant shall provide compensation for any damage done to the structure through the
mining operation. If an agreement cannot be reached, the applicant shall provide an engineering
evaluation that demonstrates that such structure shall not be damaged by the mining operation.
The Applicant identified above is applying for a 112 Reclamation Permit from the Colorado Division of
Minerals and Geology, for the purposes of mining the sand and gravel reserves and then reclaiming the
affected land, identified above as the Site Location.
The Structure Owner identified above owns a significant, valuable, or permanent man-made structure,
identified above as the Structure, which is located within 200 feet of the affected land, identified above as
the Site Location.
As required and preferred by the Colorado Division of Minerals and Geology, the Applicant hereby
assures the Structure Owner and agrees that should the mining or reclamation operation at the Site
Location identified above adversely affect the Structure identified above, the Applicant will repair any
damage to the Structure or will provide compensation to the Structure Owner for said damage to the
Structure.
The notarized signatures of the Structure Owner Representative and the Applicant Representative
confirm the Agreement between the parties and the repair/compensation obligation of the Applicant as
stated above.
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AGREED:
By the Applic
L. G. EV IS
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Signa e resen tive fo L.G. Everist, Inc. Dat
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Name an Title (please print)
State of C lorado )
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County � �II'l'h )
The foregoing instrument was acknowledged before me on this V3 day of I UAt sI(or , 2001,
by the signatory Representative above.
Witness my hand and official seal, \fpr PVd
Notary Public:� )� l Ll �� My Commissione res' t,h ' ,.-)Co1
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By the Structure Owner: Fiif '''''
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WELD COUN - DEPARTMENT OF PUBLIC WORKS My Comm.Expires Jan.1,2002
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Signal a of Representative for Structure Owner Date
M. J. Geile, Chair, Weld County Board of Commiccinnprc
Name and Title (please print)
State of Colorado )
) ss
County of Weld )
The foregoing instrument was acknowledged before me on this 27th day of August , 2001,
by the signatory Representative above. ' FlY_PU
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' ■■ Banks & Gesso, LLC Exhibit B: Index Map
N $ 720 Kipling, Suite 117
Lakewood, CO 80215 L.G.Everist,Inc.
' banksandgesso.com Lehmann Sand&Gravel Mine
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tMEMORANDUM
CTO: Clerk to the Board DATE: August 20, 2001
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please submit the following items for the Board's agenda Monday, August 27, 2001 for the Chair's signature.
Permit for man-made structures located within 200 feet of mining limits (USR-1326)
Contract- Bridge WEL027.0-058.OA
Contract- Bridge WEL013.0-026.OA
The appropriate documentation is enclosed.
Enclosures
pc: Donald Carroll
Cameron Parrott
County Road file
Bridge file
2001-2414
L.G. EVEIZIST, INC. CORP ATE OFFICE
300 S.PHILLIPS AVE. SUITE 200
P.O.BOX 5829
SIOUX FALLS,SD 57117-5829
PHONE 605-334-5000
FAX 605-334-3656
MOUNTAIN DIVISION
7321 E.88TH AVENUE-SUITE 200
HENDERSON,COLORADO 80640
303.287.9606
FAX 303-289-1348
August 13, 2001
Don Carroll
Weld County Department of Public Works
P.O. Box 758
Greeley, CO 80632
RE: Permanent Man-Made Structures Located Within 200 Feet of Mining Limits
Site: Lohmann Sand and Gravel Mine, Weld County USR-1326
Location: Parts of NW 1/4 and NE 1/4, Sec. 6, Township 2 N, Range 67 W, Weld County, CO
Dear Mr. Carroll:
As you know, L.G. Everist, Inc. (Everist) is in the middle of the permitting process for the above-
listed site. After receiving all the necessary permits, Everist will be mining the Lohmann and
French properties with the express permission of the property owners, Theodore M. and Linda
C. Lohmann, and James M. and Dolores L. French.
Our apologies, but when we sent out all our other"200-Foot Letters" which are required by the
Colorado Division of Minerals and Geology (DMG), we did not think one was required for Weld
County Road 26.
The DMG rules include a requirement for permit applicants to contact all owners of permanent
man-made structures which are located within 200 feet of the limits of our proposed operation,
and to either:
(a) Provide a notarized agreement between the applicant and the structure owner, stating
that the applicant is to provide compensation for any damage to the structure; or
(b) if an agreement can not be reached, the applicant shall provide an appropriate
engineering evaluation that demonstrates that such structure shall not be damaged by
activities occurring at the mining operation.
Therefore, we are contacting you now as required by the DMG and have enclosed an
agreement which states that should our mining and reclamation operations adversely affect your
structure within 200 feet of our mining limit, we will mitigate any damage through repairs and/or
compensation. Additionally, the draft Road Maintenance and Improvements Agreement (which
was sent to you last week) more specifically covers the repairs and maintenance which may be
required for the Weld County Haul Route due to truck traffic.
Following is a brief summary of the mining and reclamation plans for the site:
We anticipate the mining of the site to take 10-15 years. For most of the mining operations,
the processing plant will be located on the pit floor, about 30 feet down. Topsoil berms will
be placed along the northern boundary of the site and revegetated. The placement of the
LM/LOH-200ft-weldco-081301 -via Certified Mad#7000 0520 0019 0618 8630
plant and berms will ensure that surrounding properties will not have significant audible or
visual impacts from our operations.
The mining will be accomplished with mobile equipment, such as front end loaders and back
hoes. No explosives will be used, nor even kept on site. Our mining plan includes
extracting the sand and gravel reserves from the site, and lining areas in the site for future
use as water storage reservoirs. By lining the areas prior to their end use as water storage,
we ensure that groundwater levels in adjacent properties will not be affected. The areas
around the water reservoirs will be revegetated with native plant species for agricultural or
residential use.
For structures located within the mining limits, we will either mine around (as is the case of
ditches and oil and gas facilities), or work together with the structure owners to create a plan
for relocation of some structures (such as pipelines).
We have included two copies of the Agreement and a self-addressed, postage-paid envelope
for your convenience. Please sign and notarize both copies, keep one for your records, and
return one original to us within 30 days.
If you have any questions, please feel free to call me at 303-287-4656 ext. 18.
Si ere y,
Lynn E. ayer
Regula Compliance
cc: R.A. Everist
LMiLOH-200ft-weldco-081301 -via Certified Mail#7000 0520 0019 0618 8630
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