2008-01-14_REVISION - M1981207 (4)

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Blue Pit, M-1981-207 Technical Revision 7 clarification 11 January 2008 Page 2 concrete operator. The cost to prepare plant growth medium and seed the entire site was assumed in the initial reclamation plan and has never been deleted from that plan. In sum, the Blue Pit aggregate operation -is not intended to surrender any right to maintain improvements to the site that are beneficial to post-mining use and permitted in the post-mining condition by any special use or other zoning entitlement of Garfield County. The present Technical Revision moves the concrete plant onto a permanent grade, at the pit bottom elevation, as opposed to the present position blocking recovery of the center of the pit reserve. The new location of the concrete facility is consistent with recovery of construction materials and it will be implemented with stable slopes conforming to 2.5:1 cross-sections as required. The operator will locate the toe of reclaimed slopes outside the footprint of the concrete facility and engage in cut and fill along the final slopes in this area, working uphill as needed to ensure that minimum laybacks are observed. With a future technical revision and associated DRMS review, the operator could also propose retaining walls or other engineering solutions to accommodate the concrete plant at reclamation, but this is not necessary or proposed at this time. As you are aware, correspondence from the DRMS has not reached Western Slope Aggregates (WSA) or Banks and Gesso, LLC, as WSA's representative, until this week on Tuesday. The operator understands that the decision date on the present Technical Revision is effectively today. Unfortunately, when the Technical Revision was submitted on November 30, 2007, the fee deficiency was not corrected until Banks and Gesso, LLC, inquired as to the status of the TR review approximately two weeks later. We understand that no writing was necessary to establish the current decision date, but we also appreciate your understanding that the present adequacy concerns related to that TR were not anticipated or expected until a few days ago this week. Based on our phone conversation yesterday, the applicant will agree to extend the TR decision date one week from today, to January 18, 2008. It is our hope that this letter and this extension of time will be adequate to clarify the request and any information necessary to obtain the Division's approval. Sincerely, BANKS AND GESSO, LLC Alex Sch cc: Carl Mount Colorado Division of Reclamation, Mining, and Safety 1313 Sherman St., Room 215 Denver, CO 80203