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02/15/2007 14:39 3032748329 BANKS AND GE550 LLC `Western ecosystems, Irte. `F,cologica[ Consultants 9057Nest Conch Roar!, Boulder, CoCmnda 80302 (303J 442-6144 February 14, 2007 Colorado Division of Reclamation, Mining, and Safety Attn: Richard Wenzel 1313 Sherman St. Denver, CO 80203 Re: Overlook Mine, Town of Granby, File #M-2006-075 Dear Mr. Wenzel: At your request, we met with Mr. Kirk Oldham, Colorado Division of Wildlife (CDOW) bistrict Wildlife Manager, to discuss the CDOW's November 30, 2006 referral letter regarding wildlife concerns associated with ottgoing operation of the Overlook Mine, located within Granby Ranch and the Town of Granby (Town). As background, the Overlook Mine has been an active gravel operation for approximately 15 years. It is located on a knoll surrounded by the Granby Ranch golf course, which operates as such generally from mid-May to mid-October, and is used for 1Vordic skiing in winter. Continued operation of the mine would be no different than what has occurred in the past. In 2003, the 5,000 acre Granby Ranch property was annexed to the Town of Granby, and zoned far development of amixed-use, planned community (which is what it was zoned far in the County, as well, except at a much higher overall density in the County). The Town zoning approval specifically allows for the continued use of the Overlook Mine for sand and gravel operations for a period of IS years, at which point the site is to be developed as a residential subdivision. This right to continued use for sand and gravel operations was vested by the Annexation and Dcveiopment Agreement entered into by the developer and the Town in connection with the annexation. The CDOW was a referral agency in connection with the 2003 annexation/rezoning and participated in that process. Tn addition, prior to the annexation to the Town, Granby Ranch addressed the CAOW's concerns regarding the impact of the development on elk and other wildlife by agreeing to subject a 450 acre parcel of land to a permanent conservation easement. Granby Ranch also previously entered into a Wildlife Mitigation Plan with the CDO W covering the entire Granby Ranch project to address potential impacts and wildlife related issues. Of course, we realize the value that wildlife adds to the community, and have every interest in preserving this asset of the community. RECEIVED PAGE 03!05 FEB 15 2007 Division of Reclamation, Mining and Safety aizan~n ,3