2008-09-18_REVISION - M1978091UG

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RESPONSE: The BLM received a complete copy of the initial Amendment package. Additional correspondence requesting BLM review of the seed mix was obtained by Karmen King/GGI from Dave Lazorchak/BLM (EMAIL correspondence received Friday, September 5'h) indicating that the seed mix was sufficient by BLM standards, but may need to be revisited at a later date when reclamation begins. Changes were made to appropriate portions of Exhibit D to reflect the BLM approval of the seed mix. Item 8: First entry, Page 2. "What are to be the maximum gradients of reclaimed slopes that are backji'lled or reduced by cutting? " RESPONSE: This information was highlighted within the reclamation figures and identify the anticipated slope to be 2:1. This gradient matches the adjacent topography and will therefore achieve BLM's visual aesthetic goals for disturbed ground. For instance; the following slopes were calculated using the survey points gathered by BCH LLC; as follows; • The slope above the highwall/portal ascents 30' vertical over 45' horizontal; thereby lending a slope of 1.5:1. • The Face of the waste rock slope contains a slope of 1.3 - 1.5:1. • The natural slope to the North of the Level 6 pad is 1.7:1. • The `swale' to the North of the pad, adjacent to the waste rock slope is 1.88:1. • The existing Deadman Gulch fault pathway above the Level 6 pad is 2.89:1. Therefore, the recommended 2:1 slolre is `gentler' than the adjacent surroundings. This was used to accommodate for heavy equipment needs as well as for reseeding success. The slopes will be achieved by compaction and grading of materials as it is placed atop the retained Level 6 pad. Item 9: Second entry, Page 3. "Please describe the methods, to be used for closure or safeguarding used in the final reclamation of each portal. " RESPONSE: These methods were described within the `portal closure' portion of Exhibit D - the reclamation plan. A summary of the proposed closure strategy is as follows; • The Level 3 portal occurs within patented ground. The land owner wishes to retain the ability to access the portal into the future. As a result, the portal will retain its current steel-door, and lock system which does not allow for anyone to tamper with the door. This should assure public safety associated with the portal well into the future. • The Level 6 portal will be reclaimed at the termination of all mining activity with the use of a polyurethane foam plug since the portal has a demonstrated history of being dry. Since mining activities in the future will be accomplished in much the same way as they have in the past, it is reasonable to assume that water will be Page 4 of 9