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A.; <br />DANIEL M. FOWLER' <br />TIMOTHY P SCHIMBERG <br />TIMOTHY J. FLANAGAN' <br />KATHERINE TAYLOR EUBANK <br />JEFFERY B STALDER <br />ADAM B. UNTON <br />ANDREW R. MCLEfCHIE <br />BRIAN E WIDMANN <br />I ALSO ADMITTED IN WYOMING <br />2 ALSO ADMITTED IN WYOMING AND MONTANA <br />LAW OFFICES OF <br />FOWLER, SCHIMBERG & FLANAGAN <br />PROFESSIONAL CORPORATION <br />1640 GRANT STREET <br />DENVER, COLORADO 80203 <br />TELEPHONE: (303) 298-8603 <br />TELEFAX. (303) 298-8748 <br />September 20, 2010 <br />David Bird, Environmental Protection Specialist <br />Colorado Division of Reclamation, Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Lafarge, Inc. - M&G Permit — Permit No. M-1986-079 <br />Dear Mr. Bird: <br />AFFILIATED OFFICE: <br />PAUL J. TADDUNE, P.0 <br />323 WEST MAIN, SUITE 301 <br />ASPEN, COLORADO 81611 <br />TELEPHONE. (970) 925-9190 <br />TELEFAX: (970) 925-9199 <br />sFo <br />Epz <br />414'494 <br />I'm writing you in respon es°" to your notice of August 30, 2010 to the landowner regarding <br />Lafarge West, Inc.'s request for a financial warranty reduction for a pit located on property now <br />owned by my clients, the Carlsons, which is known as the M&G Pit, Permit No. M-1986-079. <br />As you are probably aware from several prior letters, there is a major disagreement <br />between Lafarge as the operator and my clients as the owner of the subject property over the <br />approved end-use of the property under the Reclamation Plan. Recently Lafarge has attempted <br />to amend the end-use from a covered inert landfill of clean construction materials and mine <br />waste to a series of open pits which expose groundwater to the atmosphere. The landowner <br />relied upon the approved Reclamation Plan (which we do not believe has been properly <br />amended) and the mining lease, both of which require Lafarge to fill in all areas that expose <br />groundwater to surface evaporation. I understand that the lease between the parties is not your <br />concern. <br />The current mining lease expired on September 10, 2010, however, the landowners have <br />made it clear that Lafarge continues to have access for all legitimate reclamation purposes in <br />accordance with the approved plan. <br />As you know, Lafarge has recently attempted to amend the approved end-use by a <br />Technical Amendment. In spite of our request to be notified, the landowners never received <br />notice of these most recent shenanigans with respect to Technical Revision No. 8. Lafarge takes <br />the position that Technical Revision No. 8 constituted a formal amendment of the permit and we <br />seriously dispute that. We understand that staff took a similar position, but the revision was <br />