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• iii iiiiiiiiniu iii • ~, 999 J J a 4 - , ,. ~J professional forester P.O. Box 89 Johnstown, Colorado 80534-0089 • (970) 587]0145 Tuesday 10 March 1998 Certified Mail/Ret rn Receipt P 449 075 948 Thomas A. Schreiner, Environmental Protection Specialist Colorado Division of Minerals and Geology Office of Mined Land Reclatnation 1313 Sherman Street, Room 2l5 Denver, Colorado 80203 Subject: Permit M85-215 -Rocky Road Investment, Inc. -Rocky Road Quar -Release Request. Dear Tom: We respectfully request the release from warranty for all interior' access roads [ ess 10% of the total of all roads as margin of error for possible reclatation] for all existin and future interior access roads. All lands so identified will remain a part of the pernutte lands, but will not be considered as a liability to the Operator or the State for auy reel tion 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 [he flat road surface and any cut wall. The downslope portion of the road is not inclu ed and will be treated as affected land. All internal access roads will continue to be tilized 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 ons utilized for material or related storage]. All lands so identified will remain a part of t e pemu[[ed lands, but will not be considered as a liability to the Operator or the St to 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 affe red land for purposes of reclamation and establishing credit as substitute lands, sh Id not be considered affected land. A Notarized affidavit from [he landowner is attach d affirming this consideration. Releasing the pre-law affected lands and internal access roads from finane al warranty excludes them fran consideration in the 25 acres of maximum disturbance t any given point in tune under [he present financial warranty. Since the access roads, xis[ing 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 isturbance, the lands so affected will be considered affected land and the permit will requi e additional financial warranty to cover such a circumstance. Reaffecting the released Ian s within the