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~~ Banks and Gesso, LLC <br />~~ <br />l~ <br />June 28, 2007 <br />Mr. Tony Waldron <br />Senior Environmental Protection Specialist <br />Colorado Division of Reclamation Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />/~ <br />RE: Completion of Corrective Action for M-1983.084 <br />Dear Mr. Waldron, <br />720 Kipling St., Suite 117 <br />Lakewood, Colorado 80215 <br />(303)274-4277 <br />Fax (303) 274.8329 <br />www, ban ksandgesso.com <br />JUN~2.~ zoos <br />Blvieian of Keclamation, <br />Mirtirtg and Sataty <br />On behalf of Snowstorm Sand and Gravel, LLC, (Property Owner/Lessor) and Everist <br />Materials, LLC, (Operator/Lessee), we are pleased to report that the Corrective Action <br />required by the Division of Reclamation Mining and Safety (DRMS) has been completed <br />by the stated deadline of June 30, 2007. <br />As per the DRMS Inspection and Corrective Action Report, dated April 9, 2007, the <br />DRMS requested that the permit boundary and the affected area boundary far M-1983- <br />084 be marked with durable monuments or markers that are clearly visible and adequate <br />to delineate such boundaries. The markers should have line-of-sight visibility along the <br />entire boundary of the property line. In other words, when walking the boundary, a <br />person should be able to see the next boundary marker behind or ahead while standing <br />at any marker. The durable monuments should be constructed of rebar with an <br />attached PVC cap on top painted orange for visibility. <br />As we discussed in our meeting with you on May 8, 2007, the affected area boundary <br />has never been surveyed nor has a legal description been created for this boundary. <br />The DRMS mining permit file includes ahand-drawn boundary of the affected area from <br />approximately 1998. We requested at the May 8, 2007, meeting that our client be <br />allowed to mark the affected area boundary, during their upcoming Amendment process <br />versus completing this action now, due to the enormous expense and time needed to <br />mark this boundary. Additionally, due to issues with weather and other commitments, we <br />requested a 30-day extension to June 30, 2007, for the completion of the marking of the <br />permit boundary. <br />As of June 28, 2007, the marking of the permit boundary was completed. Additionally, <br />we have attached photographs that provide evidence of this completed action. The <br />surveyor ran out of the rebar/orange cap markers, therefore, some markers are wooden <br />lathes spray painted with orange. The surveyor will replace the wooden lathe markers <br />with rebar/orange cap markers during the time period of July 5-6, 2007. <br />