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Dec 16 09 02:39p Greg Lewicki and Associat <br />3033466934 p.2 <br /> <br />Grep, Lewicki And Associates, PLLC <br />11541 Warrington Court Phone (303) 346-5196 Fax: (303)-346-6934 <br />Parker, CO USA 80138 C-Malkinfe(Mewicki.biz <br />December 16, 2009 JAN 112G`` <br />,li Division of Reu - -40n, <br />Russ Means 00S and Saicty <br />101 South 3rd, Suite 301, Mining <br />Grand Junction, CO 81501 x/1'1- a oc? `1- ©7 f3 <br />RE: Gehrman Pit Flood Water Management and Jay Wagner Concerns <br />In a letter to DBMS, neighboring landowner Jay Wagner expressed concerns about the impact of <br />the Gehrman Pit operation on local annual floodwaters. This is due to the presence of stockpiles <br />and berms in the mining plan submitted to the state. Upon conferring with both Mr.Wagner and <br />Gayle Lyman of Elam Construction (the applicant), a few pieces of additional information will be <br />added to the mine permit during adequacy to address the flood concerns. <br />The topsoil berm delineated on Map C-2 of the application is actually the planned topsoil storage <br />area. This area is marked as a location for the storage of topsoil as part of the mining process, in <br />the form of temporary berms. Because reclamation will occur concurrently with mining, the <br />topsoil amount stored in this location will never be enough to construct a full berm. Map C-2 and <br />Exhibit D are being modified to show this more clearly. <br />The mining operation will not be isolated at any time from flooding. At any time that the Gehrman <br />site floods, all mining operations will cease, and equipment will be removed. This is being done <br />specifically to prevent any rise in area flood waters from affecting neighboring properties. As the <br />operator of the nearby Bunn Ranch Pit, it is imperative to Elam Construction's operations to not <br />have a rise in area flood waters that could threaten their facilities. The permit text is being <br />modified to reflect this commitment. <br />The mining plan at the Gehrman Pit has been specifically designed to minimize the impact of the <br />operation on floodwaters in the area. <br /> <br />Ben Langenfeld, Project Engineer <br />Greg Lewicki and Associates <br />cc: Jay L. Wagner, Gayle Lyman