2014-10-30_REVISION - M2001085 (3)

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120 85 LLC PERMIT OPERATION NAME: 120TH ESTATE PARTNERS October 30, 2014 State of Colorado Division of Reclamation, Mining and Safety Attn: Tyler O'Donnell 1313 Sherman St., Room 215 Denver, CO 80203 RE: Technical Revision #7 — M- 2001 -085 Dear Mr. O'Donnell; We have made significant progress in the reclamation of the referenced property, and have deposited into the pit far more material than was set aside by the standing stockpiles on our property. By our TR #7 we seek to remove any requirement that we maintain stockpiles for reclamation. As you will see by the accompanying Exhibit "A ", we maintain stockpiles of material on the property either in the form of Asphalt or other recycled aggregates. The stockpiles we have compiled on the ground far exceed the original stockpiles identified for use in reclamation. Further, I estimate that we have taken in over 100,000 cubic yards of material into the pit which far exceeds are reclamation requirements to date. I never understood our Permit to require maintaining the stockpiles above ground until final reclamation, and have failed to identify that requirement anywhere in our permit or reclamation plan. Regardless, some of the material identified for reclamation has been placed into the pit already. Also, as is the subject of your inspection report, we traded some clean fill dirt for concrete and other aggregate material that is better for structural fill, and also comes in a much higher quantity than the clean fill. If we can trade one unit of one type of fill for 10 units of better fill, it seems to me to serve the reclamation plan. Also, it is problematic for us to reserve certain space for stockpiles. As you know, in an operation such as ours, the need to move and relocate stockpiles arises from time to time. To be clear. The stockpiles reserved for reclamation are being and have been utilized for reclamation. We just want the freedom to move the stockpiles, deposit the material in the pit, or trade the material for other material. Regardless, we are moving closer to reclamation every day and remain committed to the Reclamation Plan. P.O BOX 44011 • DENVER, COLORADO • 80201 PHONE: (303) 921 -3550 • FAX: (303) 832 -3012