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03!28/2005 11:47 970834020404 JOE INTERMILL PAGE 02 March 26, 2005 Division of Minerals and Geology 1313 Sherman. 5t., Room 215 Denver, Colorado 80203 Attn: Erica Crosby Re: CDOT Objection Letter; Lupton Lakes Resources, DMG Permit App. ~10.1~12004-078 Dear Ms. Crosby: Danna Ortiz and Mark Reiner, both employees oFCivil Resources, LLC, supplied us with a copy of portions of the Permit Application for the Lupton Lakes Resource pit. Items included were the Reclamation Plan, the IVLning Plan, sad various maps that were included in the Permit Application. They also provided additional information concerning geology, geotechnical conditions, drilling logs, easemems, material properties, and slope stability calculations justifying the set back distances they are proposing for the mining excavation. As stated iat the objection letter, our primary concern at that time was predicated on a lack of information concerning the proposed mining operation. Ms. Ortiz and Mr. Reiner Gave been most helpful in suppling information concerning the operation. Conversations with DMG and Civil .Resources have indicated that changes to the originai Application are being considered or have been made. However, to mitigate the possibility of misunderstandings, the following comments have been predicated on the documems that we currently have. When revised documents are provided, the concerns can be readdressed considering the changed conditions. AREA. OF CONCERN: EXISTING EASEMENTS • Information supplied concerning easements states that as existing oil well on the Adams property has a 50 foot easement along US Hwy. 85. The maps locate the well and show a gas line running westerly from the well to the property line. The map doesn't indicate where the easement is located. Does the line turn north or south on an easement inside the property line, or does it cross into the CDOT ROW? Will the proposed mining operation cause the pipeline to be relocated? if so, and if it crosses into CDOT ROW, how will the relocation affect CDOT. ff the easement is in the affected area, and if it is le$ in place, will that increase the buffet between the excavation and the property line? EXHIBTT D-MINING PLAN • Paragraph (a) states that dewatering trenches will be excavated down to ground water, Test hole logs indicate that ground water was located at 15 feet to 25 feet down imo the gravel. It is assumed that the trenches will be dug on the perimeter of the excavated area, and if so will the back slopes be at the 0.5 to 1 shown in paragraph (b), or will the