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ANNUAL STATUS REPORT TO COLORADO STATE BORAD OF LAND COMMISSIONERS SAND GRAVEL LEASE: GL-264 (FOURTH AMENDMENT) LOWRY RANGE COAL CREEK (QUINCY AVE. SOUTH TO COUNTY LINE) SCHMIDT CONSTRUCTION COMPANY APPLICABLE YEAR: 2007 DUE DATE: JULY 15, 2007 In accordance with the requirements of Paragraph 6 of the lease and Item LA.S of the Operation Plan, the following information is provided as a status report for the year preceding the due date stated above. This information updates the previous annual status report information. Any updated maps presented in this report contains not only the information for the current yeaz, but information for prior years as well. If no new map is provided then there was no change in the information provided on the previously submitted map. Thus, as conditions change, the maps are kept up to date on an annual basis without a need to refer back to previous maps. Any maps that were not updated are so indicated in this report so the most cun•ent map can be located for reference as needed. DATE OF FINAL INSPECTION FOR PREPARATION OF THIS REPORT: July 5, 2007 SUMMARY OF THE CURRENT STATUS REPORT YEAR: The 2006-2007 operation year (July 15, 2006 -July 15, 2007) had many significant events, some good and some not so good. Sand deposits became more and more difficult to find and by the end of the yeaz it began to look like all of the mineable sand within the fully approved land (the old lease area) had been depleted. It is remarkable that Dave Miller, the foreman of the pit, was able to find enough sand to keep the operation going, but over the last couple of yeazs the quality of the sand deposits have steadily declined resulting in a need to wash more to get less product. Now Dave does not know where to look next because there are few places that have not been previously investigated and rejected. The problem at this point is obtaining county approval. As described later, the county planning department has little experience with mining operations and most of their rules aze directed more toward special use permits for housing and industrial sites. The need to adapt those rules to this situation has delayed the process. But the county is also concerned about whether a sand mining operation is appropriate for the site given the unique nature of the prairie here. Work is progressing though on obtaining the approval. Reclamation of older disturbances that have developed to their maximum possible extent has begun with backfilling, grading and topsoiling. No additional seeding has been done yet as these areas are not quite ready for seeding. The winter was very severe with frequent blizzazds and deep snow cover from late December through January. But even when the snow stopped falling, it was slow to melt and when it did melt the entire area fumed into a muddy quagmire. As a result not much mining, processing, or sales of sand occurred over the winter. Often the mining aeeas and plant were not even accessible much less Status report for 2007 (July 15, 2007) Page 1 of 12