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TETRATECH RMC Mt. Larry Oehler February 9, 2005 Page 3 of 3 The West Fill Area will be used for placement of excess overburden, topsoil and `mud lens' material not needed for reclamation, and not sold. To minimize site disturbance, the West Fill Area will be disturbed in stages, beginning in Stage 1, ending in Stage 6 as identified on the Mining Plan Map. After the topsoil is stripped and used to create the grass-covered berms along the northern property line, excess fill material will be placed in stages. Material will be transported to the West Fill Area by truck, or conveyor, and placed using loaders, scrapers, dozers, graders, and similar type equipment. As a Stage is filled to rough grade, it will be seeded with a temporary cover crop until final grading is achieved at final reclamation. Quantity of material, equipment or manpower availability, etc., may dictate the need to temporarily stockpile fill material prior to placement. Such stockpiles in West fill area will not be greater than 30 feet high with 3:1 sideslopes. These stockpiles, if expected to be present for over 1 year, will be seeded with a temporary seed mix as weather permits. In response to issues raised at the Hearing with regard to Marilyn Kent's property, please be advised that Aggregate Industries does have an agreement with Marilyn Kent for mining within 200-feet, a copy of which is enclosed. We hope this clarification addresses the concerns raised at the MLRB Heazing regarding these issues. If you have any questions, please do not hesitate to contact Barb Brunk at (303) 352.2262, or me at (303) 829.0836. Thank you for your assistance. Sincerely, TETRA T C i Karen Flande Design Engineer ca Adams County Clerk and Recorder Mike Refer, Aggregate Industries-WCR, Inc. Connie Davis, Aggregate Industries-WCR, Inc. Barbaza Brunk, Resource Conservation Partners, LLC H:U919_Ol9_Ol\MLRB\DMG Response\Oehler Clarification Letter 2-9-OS.doc