2012-10-05_REVISION - M2001085 (3)

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120 85 LLC OPERATION NAME: 12 ESTATE PARTNERS State of Colorado Division of Reclamation, Mining and Safety Attn: Mr. Tony Waldron 1313 Sherman St., Room 215 Denver, CO 80203 October 5, 2012 RE: Notice Pursuant to 3.1.5(9) [Permit M- 2001 -085] Dear Mr. Waldron; As you know, this partnership has assumed operational responsibility for the property located at 10925 E 120 Ave in Henderson, CO. The Partnership's objective is to make all necessary repairs to the property and take all appropriate steps to bring the property into compliance so the permit can be eventually transferred to us. Please be on Notice that the referenced property seeks to import clean inert material appropriate for necessary repairs to the property. Specifically, we seek to complete repairs to the north wall of the property, bordering the neighboring ski lake. As has been well - documented by the Division, The north wall is sliding and otherwise failing along the majority of its expanse across the property that borders the ski lake property. As such, an expansive amount of material is needed to repair the encroachment and sliding until stability can be achieved. Certainly, only suitable material will be used in the repair, and we have safeguards in place to ensure the nature and source of any imported material. We intend to temporarily stockpile any materials, including asphalt fragments, that are not suitable for repairs or for placement below the water table. In the meantime, we are working to prepare and submit a new Amendment to the Permit to change from water storage with a clay liner to an inert backfill operation. Our intention is to backfill the mine with clean inert material, and reclaim the land. Our amendment is due October 15, 2012. Contemporaneously, we are preparing our application for Certificate of Designation through Adams County and State Health. We have been coordinating our efforts and progress with Adams County and with State Health. P.O. BOX 44011 • DENVER, COLORADO • 80201 PHONE• (303) 623 -2039 • FAX. (303) 623 -2069 REC OCT 05 2012 Division ,,l Mining & Sa(e;y