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January 27, 2011 <br />Ms. Pam Hora <br />Tetra Tech <br />19oo S. Sunset Street, Suite 1F <br />Longmont, CO 80501 <br />RE: TowerCo Site Number C02049 - West Greeley <br />Tower located at 5011 F Street, Greeley, CO 8o631 <br />Dear Ms. Hora: <br />We are in receipt of your letter dated November 30, 201o, regarding planned <br />mining activities ("Mining Activities") contemplated by your client, Lafarge West, <br />Inc. ("Lafarge"), which Mining Activities are intended to take place less than 200' <br />from our existing communications facility located in Section 34, Township 6 North, <br />Range 66 West of the 6th Principal Meridian, Weld County, Colorado. We <br />understand that the notification you sent on behalf of your client is pursuant to <br />requirements imposed upon Lafarge by the Colorado Mined Land Reclamation Act <br />(the "Act"), which Act affords certain protections for structures located within 200' <br />of any proposed mining operation. <br />We have reviewed your letter and the relevant attachments with TowerCo's <br />preferred engineering firm ("TowerCo Engineer"), and we have several concerns <br />regarding your proposal and analysis which are detailed below. <br />1. In regard to the Stability Analysis prepared by Tetra Tech, we note that the <br />resulting safety factor, based on mine highwall slope failure, is estimated at <br />1.1. Please note that the 2oo6 International Building Code requires a <br />.Y minimum safety factor of 2.0 for towers and the tower industry design <br />standard, TIA-222-F, specifies a minimum safety factor of 2.0 for <br />foundation design with respect to soils failure; however, as the site owner, <br />TowerCo please be advised that it is TowerCo's perogative to establish and enforce <br />whatever it deems to be an acceptable safety factor for its communications <br />facility. <br />2. In regard to the draft Agreement to Mine Within 200 Feet of Permanent <br />Manmade Structures ; included with your letter which you requested that <br />we sign and return, please be advised that we are unable to sign this <br />document in its current form. TowerCo will at a minimum require that (i) <br />Lafarge indemnify and hold TowerCo harmless from any and all claims, <br />5000WIteystoneDr. K1 919159.SS59 ?3 919A69.5530 infoa@towerco.com towerco.com <br />Suite 200 <br />Cary, NC 27519