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• iii iiiiuiiniu iii , • (~ ~ v a Q ~ ~ .professional forester P.O. Box 89 Johnstown, Colorado 80534-0089 (970) RECEIVED MAR 13 ~ggg of Minerals 8 Gtology 145 Tuesday 10 Mazch 1998 Certified Mail/Re m Receipt P 449 075 948 Thomas A. Schreiner, Environmental Protection Specialist C~ ~ ~~ Colorado Division of Minerals and Geology ~J Office of Mined Land Reclamation 1313 Sherman Street, Room 215 Denver, Colorado 80203 ago Subject: Permit M85-Rocky Road Investment, Inc. -Rocky Road Qu -Release Request. Dear Tom We respectfully request the release from warranty for all interior access roads less 10% of the total of all roads as margin of error for possible reclamation] for all existi and future interior access roads. All lands so identified will remain a part of the permit[ d lands, but will not be considered as a liability to the Operator or the State for any reel anon unless reaffected by the mining operation. A Notarized affidavit by the landowne is attached affirming that the landowner considers the development of roads to be a signi [cant capital improvement to the lands, and a necessary part of the post mine land use, i eluding the need for wildland fire suppression and control. The access roads are define by the flat road surface and any cut wall. The downslope portion of the road is no[ inclu ed and will be treated as affected land. All internal access roads will continue to be utilized and maintained as part of the mining operation and permitted operations. Also, we request the release from warranty of all Pre-law lands [less any loca ions utilized for material or related storage]. All lands so identified will remain a part of a permitted lands, but will not be considered as a liability to the Operator or the Sate for any reclamation unless reaffected by the mining operation for a specific purpose. ouching the land in a manner that would not alter its present state of recovery, cover stability or topography should not be considered affected land. Touching the pre-law aff ted land for purposes of reclamation and establishing credit as substitute lands, sh uld not be considered affected land. A Notarized affidavit from the landowner is attar d affuTrting this consideration. Releasing the pre-law affected lands and internal access roads from finan ial warranty excludes them from consideration in the 25 acres of maximum disturbance t any given point in time under the present financial warranty. Since the access roads, existing and future, remain within the permitted boundary, they remain permitted, even w en released from financial warranty. If reaffected, either prior to or subsequent to such disturbance, the lands so affected will be considered affected land and the permit will requ a additional financial warranty to cover such a circumstance. Reaffecting the released Ian s within the ~~ _ ~i~~~ ND~,~ ~~