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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832 -8106 <br />January 27, 2015 <br />Robin Varelman <br />STATE OF COLORADO <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />5A Aggregate LLC Virginia Brannon <br />31015 County Road K Director <br />Brush, CO 80723 <br />Re: Deer Trail Pit, Permit M- 1988 -090, Succession of Operators Conditional Approval, <br />Revision SO -2 <br />Dear Robin. Varelman: <br />On January 26, 2015, the Division of Reclamation, Mining and Safety approved with the following <br />conditions, the succession of operators from TWK Enterprises, Inc. to 5A Aggregate LLC for this <br />operation. 5A Aggregate LLC is now the permitted operator of the Deer Trail Pit, and as such, is <br />responsible for all provisions in M- 1988 -090, as well as those specified in the Rules and <br />Regulations. TWK Enterprises, Inc. is relieved of all responsibilities concerning this operation. <br />Condition No. 1 <br />The Operator shall not affect any land until the Division has received Exhibit A of the property deed submitted for the <br />legal right to enter. <br />Condition No. 2 <br />The Operator may only enter lands which the Division has accepted legal right to enter. <br />Condition No. 3 <br />The Operator must obtain structure agreements with the owners of all permanent man -made structures located within 200 <br />feet of the affected lands. The Operator must provide signed structure agreements to the Division within 180 days of this <br />letter. If the Operator is unable to obtain structure agreements within 180 days, the Operator shall submit a geotechnical <br />evaluation including an engineering stability analysis. <br />Please Note: <br />1. All of the application materials, as amended and supplemented, are in integral part of your <br />permit. They have been incorporated into the permit by reference. We presume that you have a <br />copy of all of these materials; therefore, none have been enclosed with this mailing. We suggest <br />that you keep a copy of the permit and the permit application at the mining operation as a reference <br />for operation personnel, to help ensure compliance with the terms of the permit. <br />2. Changes in the mining and reclamation operations that differ from those described in the <br />permit may require a modification to the permit. We suggest consulting the Rules and Regulations <br />and/or contacting us to determine if a modification to the permit is necessary. Rule 1.10 pertains to <br />Amendments, Rule 1.9 to Technical Revisions, and Rule 1.11 to Conversions. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />