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Larkin — Ho�fman �rrn.N[rs November 10, 2010 Caroline Bell Beckman Erickson, Bell, Beckman & Quinn, P.A. 1700 West Highway 36 Roseville, MN 551 13 Re: Bituminous Roadways, Inc. Deaz Ms. Beckman: larltin Hoffman Daly & lindgren L[d. 1500 Wells Fargo Plaza J900 Xe�es Avenue South Mu�neapolis, Minnesota 5 54 3 1-119a GENEGGI �iS2-S3S-TSO� ..x: 9i2-89Gd333 w.s� www]arkinhoffinan.com This letter responds to your correspondence of November 1, 2010. Bituminous Roadways, Inc. (the "Company") continues to seek approval from the City of Roseville ("Ciry") of the development oFits facility as first presented to the City on Mazch 6, 2009. The development of this indusfial facility in an isolated industrial azea of the City continues to be a very sound proposition. Since that time, and in response to direction from the City, the Company has, in addition to submitting all required applications for the project, submitted the project for environmental review conducied by the Minnesota Pollution Control Agency (MPCA). This environmental review required that the Company prepaze an air emissions facility permit in order thal MPCA could fully evaluate potential air emissions. As a result, MPCA has prepared a drafr air emissions pemiit which confirms the air emissions for the facility meet state and federal standazds. Thc result of the environmental review process to date is that an environmental assessment worksheet has been prepared which concludes that the proposed faciliry (including a rail transload facility which is not currently proposed for construction but was evaluated by MPCA because it is a potential extension of the project) does not present a potential for significant environmental effects from the proposed project. In addition, and in response to issues raised by the City CounciPs discussions of the Company's project at recent council meetings, the Company had further evatuated traffic, noise, and odor. The results of these additional studies were presented to the City concluding that none of those items would present adverse impacts relating to the proposed project. The present status of ihe environmental review is that the technical and scientific analysis of the project demonstrates the lack of adverse effects &om the proposed project. Nevertheless, the City Counci] has acted to circumvent the environmental review process by changing its ordinances after the Company has incurred significant expense in reliance on the direction it received from the City.