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Varra Companies, Inc. <br />Office of Special Projects <br />8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax(970)353-4047 <br />industry while belittling the value of Colorado's greater infrastructure. We may get our natural <br />gas to the power plants, but residents should not have to drive on a interstate system of mud and <br />dirt. Aggregate is a protected resource under Title 34, and when oil and gas facilities expediently <br />place lines over aggregate resources in an effort to save cost, they must eventually come to <br />accommodate this mineral and surface estate of aggregate when it comes time for its <br />conservation by extraction in advance of land development and use. <br />We intend to open A to extraction. If for any reason an agreement cannot be reached, we will <br />provide a Technical Revision at that time to identify the extent of extraction and will reclaim <br />according to the parameters outlined under the rules and regulations of the office and the <br />approved application. We consider the burden of moving those lines the full responsibility of the <br />oil and gas entity that placed them there in violation of Title 34. Once an agreement is reached, <br />and when the time comes due for such an agreement, the Office will be kept informed. <br />Regardless, there is no need to relocate gas lines for Tracts B and C, and the lack of an <br />agreement up front for Tract A does not presently obstruct or otherwise serve to impair the <br />ability to extract in Tracts B and C. We in this instance request the Office to reconsider its <br />position and afford us the flexibility of our intent as depicted. If necessary, the Office can <br />condition the permit respective of Tract A and the above referenced Technical Revision, and the <br />need to acquire agreements for line relocation. <br />19. The Mining Plan states that an advancing 1600± foot extraction front will be comprised <br />of side slopes nearly 400 linear feet at 1.25H:1 V along each side of an 800 foot advancing wall. <br />Please clarify if the extraction front will be 1600 ft or 800 ft. Also, specify if the extraction front <br />will be comprised of a vertical highwall. <br />The referenced 1600± foot extraction front is comprised of an 800± foot advancing face and two <br />400± foot trailing cuts on the flanks of the advancing face for a total of 1600± feet for the entire <br />extraction front. The extraction front will conform with the limits of 1.25H:1 V limit, consistent <br />with that specified in your reference, above, and in conformance with limits under Exhibit S - <br />Stability Analysis. <br />20. The Mining Plan states that it is anticipated that Tract B will be mined after Tract A. <br />Please clarify if Tract C will be mined concurrently with Tract A. Also specify at what point <br />Tract C-2 will be mined as well as the point at which the plant/stockpile area will be mined. <br />Page 4 of Exhibit D - Mining Plan, states: `Tracts A, B, and C may be extracted <br />concurrently.' ... further, on page 5 ... `Tract B may be opened at any time if <br />demand and equipment can afford it, however, it is not anticipated to <br />commence until extraction is completed at Tract A. If Tract B opens prior to <br />Tract A, as per Exhibit L - Warranty Costs, additional warranty will need to <br />Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 10 <br />(Office) in reply to Office correspondence of 12 May 2009 - Heintzelman Project - M2009-018.