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Mr. Tony Waldron <br />December 15, 2010 <br />Page Two of Two <br />Pursuant to the above stipulation, RMCC seeks approval of the requested Technical <br />Revision based on the fact that maintaining the historic groundwater regime supplying <br />the McCann Ditch is no longer necessary. Enclosed with this TR request is a letter from <br />the McCann Ditch and Reservoir Company (the "Company") stating that the Company <br />will not require RMCC to replace the section of the McCann Ditch that will be removed <br />by mining, as shown on the approved Mine Plan (Exhibit "D" Sheet 6 attached). In <br />addition, the enclosed letter further states that the Company does not want Ready Mixed <br />Concrete Company (RMCC) to maintain the historic groundwater regime associated with <br />the McCann Ditch. <br />However, while RMCC will not relocate the McCann Ditch as originally <br />contemplated, the company will construct a drainage ditch following the approximate <br />proposed McCann alignment as shown on the approved Reclamation Plan (Exhibit "F" <br />Sheet 7 attached). The purpose of the drainage ditch will be to collect surface and <br />irrigation runoff and, discharge that waxer to the historic (undisturbed) section of the <br />McCann Ditch. <br />By way of background, on June I, 2010 all the shares of the McCann Ditch and <br />Reservoir Company (the "Company") were acquired by RMCC's parent company Boral <br />Construction Materials LLC ("Boral"). On the date of acquisition, Ronald S. Henley and <br />E.W. (Bill) Timmons III were appointed by Boral as the sole directors of the Company. <br />(See enclosed "Resolution of the Directors of the McCann Ditch and Reservoir <br />Company Concerning the Appointment of Officers of The Corporation") <br />I trust this letter and the enclosed are adequate evidence for the Division to approve <br />the requested TR. <br />Sincerely, <br />Michael J. (Mike) Hart <br />Encl: <br />Cc: Bill Timmons, RMCC <br />David Bird, ORM&S