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ARGE <br />N TF1 AMERICA <br />Construction Materials <br />August 14, 2003 <br />Mr. Thomas Schreiner <br />Environmental protection Specialist <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: River Valley Resource, Permit No. M-2001-090 -Responses to Objection Letter <br />Class: ~eviSiorl yr 2 52~. ~ /q~~''i-` <br />Dear Mr. Schreiner: <br />Lafarge West, Inc. (Lafarge) has prepared the following responses to the objection letter from the <br />lawyers for Jane and Ervin O'Dell. This response will address each point in the same order as the <br />O'Dell's letter. In addition, Lafarge has also prepared a response to your question concerning the <br />stability analysis of the Suttle Ditch. Our responses are as follows: <br />1) Lafarge is also concerned about any potential impacts that our operations may have on <br />adjacent property owners and easement owners. The current application is for an <br />Amendment to our existing permit for the River Valley Resource site. The current River <br />Valley Resource site is directly adjacent to the O'Dell property. As required, Lafarge <br />already has a valid well permit issued by the State Engineer's Office for the existing <br />permit (copy attached). As with any well permit, the conditions for operation are clearly <br />set forth on the permit and Lafarge will abide by those conditions. Since the requested <br />Amendment is for property that is to the south of the existing permitted property, and <br />since the northern boundary of the Amendment area is more than 600 feet from the <br />southern boundary of [he O'Dell's property Lafarge does not believe that this additional <br />area will result in any impacts to their well and/or property. <br />With regard to the Suttle Ditch relocation, Lafarge fully understands that we must obtain <br />the approval of the downstream ditch users prior to relocation of the ditch and/or we must <br />obtain approval of the court. Lafarge intends to fully pursue this approval once we have <br />our permit amendment completed. Lafarge would be pleased to accept a condition in our <br />permit that stipulates that we must have this issue resolved prior to commencement of <br />any mining activities. <br />2) With regard to our legal right to enter, the lawsuit referenced by the O'Dell's attorney <br />was settled some time ago and no longer constitutes a "cloud" as referenced on page 7 of <br />our "Purchase and Sale Agreement". I have attached a copy of page 7 of the referenced <br />agreement and a 15-page document detailing the resolution of this issue. <br />Western U.S. Region <br />1400 W. 64th Ave., P.O. BOX 21588, Denver, Colorado 80221-0588 <br />Office: (303) 657-4000 <br />Web: www.lafargenorthamerica.com <br />