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^~ Banks and Gesso, LLC <br />~~ <br />May 14, 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 />RE: Snowstorm Placer, 112 Permit No. M-1983-084 <br />Inspection and Corrective Action Report <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. banksandgesso. com <br />On behalf of Snowstorm Sand and Gravel, LLC, (Property Owner/Lessor) and Everist <br />Materials, LLC, (Operator/Lessee), we are responding to the Inspection and Corrective <br />Action Report, dated April 9`h, 2007, and requesting an extension to the deadline for <br />compliance. Asper said report, the Division of Reclamation and Mining Safety (DBMS) <br />has required the mazking of the mining permit boundary and the affected area boundary <br />on the Snowstorm Placer, by May 3151, 2007. <br />As we discussed in our meeting with you on May 8, 2007, the affected area boundary has <br />never been surveyed nor has a legal description been created for this boundary. The <br />DBMS mining permit file includes ahand-drawn boundary of the affected area from <br />approximately 1998. We are requesting that our client be allowed to mark the affected <br />area boundary, during the upcoming Amendment process versus completing this action <br />now, due to the enormous expense and time needed to mark this boundary. Additionally, <br />due to issues with weather and other commitments, we are requesting that an extension of <br />thirty days be granted for the completion of marking the property boundary of this <br />property to June 30, 2007. <br />Furthermore, as we discussed, the permit boundary was surveyed in 2004 by Burnett <br />Surveying of Fairpiay, Colorado, and this survey is included in the DBMS mining permit <br />file. However, the 2004 survey and legal description are not the same as the permit <br />boundary in the mining permit. According to conveyance documents for this property, the <br />mining permit legal description was used to convey the property to the current owner. <br />The current owner discovered the error and a correction deed was issued, which is the <br />same as the 2004 survey. Since, the entire property boundary is intended to be the <br />permitted boundary for the mining permit, this error will be corrected, during the <br />Amendment process. Additionally, Everist Materials, LLC, has committed to the <br />