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79 <br />THE I?A??3 LAWN-RM LC <br />`? U ?fJ ?M 1 ?? I it <br />Mr. Jared Ebert <br />Environmental Protection Specialist <br />Division of Reclamation, Mining & Safety <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />May 7, 2009 <br />Re: Technical Revision to DRMS Permit No. M-2000-158 <br />Dear Mr. Ebert: <br />--fOAY 0 7 2009 <br /> <br />Gilcrest LLC ("Gilcrest") has a contract to acquire the assets of Platte Sand & Gravel, <br />which includes the property currently under DRMS Permit No. M-2000-158. The property <br />originally was permitted for sand and gravel extraction, with concurrent and post-mining <br />reclamation, and with the post-mining land use to be water storage. <br />Following the closing of the sale of this property, Gilcrest intends to continue with that <br />general mining and reclamation plan, and continues to propose water storage as the post-mining <br />land use. However, the plan to develop water storage has been modified somewhat, to allow the <br />incremental development of water storage beginning at an earlier stage of the project. Gilcrest <br />believes that these modifications do not significantly change the intended mining or reclamation <br />of the project, and therefore represent a technical revision to, rather than an amendment of, the <br />approved permit. The current owner of the property, Platte Sand & Gravel, has consented to <br />Gilcrest filing this request for a technical revision; their consent letter is enclosed. <br />The project changes will not require increasing the size of the permitted area. Neither the <br />mine plan, the reclamation, nor the post-mining land use will differ significantly from the <br />existing permit. As noted in the attached Exhibit provided by Civil Resources, LLC, the <br />engineering firm that designed the Technical Revision plan, the major difference proposed is the <br />use of above-ground water storage reservoirs as part of the mine and reclamation sequence, to <br />make it possible to develop water storage earlier in the cycle of mining and reclamation. <br />Gilcrest LLC has enclosed with this letter an engineering design for the proposed <br />changes, together with the required fee for a Technical Revision to a Section 112 permit. <br />Although Gilcrest has a contract to acquire the property subject to the permit, the transaction has <br />not closed. The existing permit holder has agreed to Gilcrest's submitting this TR request, as <br />1580 LINCOLN STREET, SUITE 700 DENVER, CO 80203 <br />303.860.1800 TEL 303.302.3088 FAX I CHAYES@ HAYESLAWFIRMLLC.COM