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F B oral Construction Materials HURAL CONSTRUCTION MATERIALS LLC 4395 Washington Street Denver, CO 80216 Main: 303-292-1771 Fax: 303-295-0470 May 27, 2009 Mr. Tony Waldron Mr. Jared Ebert Division of Reclamation, Mining and Safety Colorado Department of Natural Resources 1313 Sherman Street, Suite 215 Denver, Colorado 80203 Re: Bromley Lakes Pit - DRMS File No. M-1987-049 Amendment No. 2 & Expansion - AM-002 *- Dear Mr. Waldron and Mr. Ebert: P01PMAY 2 9 2009 Division ar t,ec. -mption, 7rl Mining and Safety In a letter dated May 11, 2009, the McCanne Ditch and Reservoir Company objected to RMCC's amendment application which we filed with the DRMS on March 6, 2009. We understand that an objection to our application cannot be resolved through a responsive letter; however, we think it is important for the Division to understand RMCC's perspective on the issues raised in the McCanne's letter prior to any Prehearing Conference. The McCanne Ditch is owned and operated by Chip Spratlen, who signed the May 11th letter. Mr. Spratlen also owned and operated RMCC until September 2004, when he and other members of his family sold the stock of RMCC to Boral Construction Materials, RMCC's current parent corporation. At the time of Boral's acquisition of RMCC, RMCC owned all but a small piece of the property that is included in our amendment application, and the value paid to the Spratlens was predicated on mining this property. As a result of an agreement that was executed when Boral acquired RMCC from the Spratlens, RMCC has a contract right to relocate the McCanne Ditch as part of the mine plan proposed by our amendment application. Therefore, the ditch is discussed extensively in the amendment application, including in Exhibits C, D, E, G, J, L, M and S. RMCC also met with Mr. Spratlen and his attorney last January to discuss the amendment, the relocation process, and RMCC's compliance with its contractual obligations to the McCanne Ditch, which are discussed further below. RMCC properly did not include the McCanne Ditch on Exhibit C-1 to its amended application. Construction Materials Rule 1.6(e) requires a 112 applicant to give notice to Owners of Record of the surface and mineral rights of the affected land" and "Owners of Record of all land surface within 200 feet of the boundary of the affected lands." Rule 1.1(34) defines "Owner of Record" as "the owner or owners of a surface property interest shown on the records of the County Assessor as of the date of the filing." The website of the Adams County Assessor's office does not include the McCanne Ditch and Reservoir Company as an "owner" of