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Hohne Roberts & Owen LLP® <br />Attorneys at Law <br />Mr. David Berry <br />November 12, 2010 <br />Page 5 <br />purchase the approximately 1900 acre parcel for a price of $40,000,000. The <br />option was not exercised, but its existence, and the real estate developer's <br />interest in the property, is credible evidence that the post mining land use has <br />been achieved. <br />B Gravel Operation has Substantially Commenced Industrial or <br />Commercial Land Use <br />The Reclamation Plan authorizing the alternative post mining land use <br />of industrial or commercial, or residential, makes no distinction between <br />industrial or commercial and residential use. The Reclamation Plan applies to <br />the entire permit area. A sand and gravel operation was commenced by a third <br />party under lease from Oakridge on lands covering a portion of the permit area. <br />Subsequently, the Division had the lands subject to the sand and gravel permit <br />removed from the permit area and placed under the jurisdiction of the Colorado <br />Land Reclamation Act for the Extraction of Construction Materials. <br />The above discussion of "substantially commenced" notwithstanding, <br />the permitting and development of the sand and gravel operation represents <br />substantial commencement of the approved alternative post mining industrial or <br />commercial land use as originally contemplated by the Reclamation Plan, and <br />is a demonstration of development sufficient to release the bond as to the entire <br />permit area. The Division has taken the position that the sand and gravel <br />operation is separate and independent from any potential residential <br />development, and that substantial commencement of the industrial or <br />commercial land use on part of the permit area has no effect on the <br />determination of development as to the rest of the permit area. The <br />Reclamation Plan does not require that Oakridge divide up areas within the <br />permit area, or implement a specific plan of development with respect to any <br />such area. Neither the Reclamation Plan, the Regulations nor the Reclamation <br />Act support the Division's position or authorize the Division to separate the <br />lands committed to the sand and gravel operation from the rest of the permit <br />area. The transfer of the sand and gravel operation to a separate permit from <br />' C.R.S. §§ 34- 32.5 -102, et seq. <br />#1502381 0 den <br />