2007-02-23_REVISION - M2002114 (2)

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Elam Construction, Inc. permitted a gavel mine site directly down gradient from the plumes and in azeas that have known contamination (south of the refinery buildings). The CDPHE has allowed the Elam pit to occur, and a strict Waste Management Contingency Plan was developed to address any waste (solid or liquid) or contaminated water encountered during the extraction process. If any is found, the procedures outlined in the Waste Management Contingency Plan will be in effect. The Colorado Department of Public Health and Environment (CDPHE) has worked for years with the landowner, FMM, in analyzing the contamination on the site and developing the plan to allow gavel mining based on the levels of risk found, knowing that the gavel mining will require pumping of water from the pit A dischazge permit has also been issued for the Elam mining operation. Given the fact that the CDPHE has approved gavel mining (Elam) in an area which is known to have some contaminated soil and groundwater, as well as directly down gradient from known hydrocarbon plumes, it is certain that gavel mining should be allowed to occur 2000 feet to the east, which is up gradient from the contamination and should not draw it to the east as a result of P~P~g• United agees to work with the CDPHE and notify them of the start of pumping, the location and flow rates. If monitoring wells on the FMM site show any problem with contaminant movement, United will work with the CDPHE and the DMG to address the issue. 6. Water Information, Rights and Augmentation All water rights issues such as availability of water for this operation, consumption rates, dust control, etc. aze presented in Exhibit G -Water Information. 7. Schedule of Operations Mining operations will only occur as dictated by demand up to the maximum rates described • earlier in the mine plan. Mining, screening and processing will take place year round and product 15 Road Pit February 07 D-10