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~~ Banks and Gesso, LLC ~~ February 11, 2002 Division of Minerals and Geology Attn: Tony Waldron 1313 Sherman Street, Room 215 Denver. CO 80203 720 Kipling St.,Suite117 Lakewood, Colorado 80215 (303)274-4277 Fax (303) 274-8329 www. banksandgesso.com RE: Response to Preliminary Adequacy Review; Owens Brothers Concrete, Nix Sand and Gravel Mine; File No. M-2001-046 Dear Mr. Waldron: Following is our response to comments raised in your letter, dated August 10, 2001, concerning the adequacy of the Regular 112 Permit submitted on behalf of Owens Brothers Concrete for their proposed Nix Sand and Gravel Mine. Responses will follow the same format and order that was put forth in your letter. 6.4.1 Exhibit A - Lestal Description Your observation is correct. The word "affected" should be changed to "permitted." The "affected" land includes only the S Y: of the SW '/. and the W Yz of the SE '/.. The "permitted" land includes the "affected" portion, as well as the entire NE '/, of Section 28, Township 3 North, Range 67 West. 6.4.3 Exhibit C -Pre-mining and Minins~ Plan Mapls) of Affected Land The boundary delineated on the Pre-mine Plan Map defines the correct permit boundary as Owens Brothers wishes to have it. The Mine Plan Map incorrectly shows the permit boundary as including only the affected land. An updated Mine Plan Map, with permit boundary matching that shown on the Pre-mine Plan Map, is included with this correspondence for your records. 6.4.4 Exhibit D -Mining Plan Topsoil Per your suggestion, the Applicant commits to placing 12 to 18 inches of topsoil, rather than the originally proposed 6 inches, over all reclaimed areas needing topsoil. Our figures indicate that mining operations (including plant location) will disturb approximately 112 acres of land. At an average six-inch depth of topsoil over the 112 acres, we anticipate having to strip about 84,000 CY of topsoil throughout the course of mining. Approximately 49,000 CY of topsoil will be used to construct an 8-foot high screening berm along the entire boundary of the affected land, excluding the extreme eastern line (where the natural change in topography should adequately serve as a buffer). The topsoil required for this screening berm will become available for placement during stripping of Mine Areas One and Two, and the initial plant site (totaling approximately 30 acres and yielding approximately 49,000 CY of topsoil). The topsoil required to reclaim the affected land (mined slopes above expected water line and pit edges) at a 12-inch depth will be approximately 19,000 CY. Thus, total onsite topsoil