2015-07-23_REVISION - M1977205 (3)

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COLORADO OPEN LANDS 355 SOUTH ItLLER STREET, SurrE 21 O, LAKEWOOD, CO 80226 www.COLORADOOPENLANDs.ORO • 303.988.2373 February 12, 2015 Je,xHIa1T R Oldcastle SW Group, Inc. Atta; Jason Burkey P.O. Box 3609 Grand Junction, CO 81502 Jason, The purpose of this letter is to provide some background on the obligations for the reclamation of the Tom Curry property. A Deed of Conservation Easement was recorded on the Thomas E. Curry Property (Reception # 622767) and on the Richard E. and Marilyn L. Curry Property (Reception # 622768) on 2/7/2008. The conservation easements were funded in part by Great Outdoors Colorado (GOCO) and the Colorado Division of Wildlife (now Colorado Parks and Wildlife, CPW). Marilyn L. Curry, Richard E. Curry and Thomas E. Curry, doing business as Tri -County Gravel, were the original holders of a permit issued by the State of Colorado, Department of Natural Resources, Division of Minerals and Geology, Permit No. M-1977-205 (the "Gravel Permit"). This two properties were mined for sand and gravel pursuant to the Gravel Permit, pursuant to a Lease Agreement dated June 30, 2006 with Oldcastle SW Group, Inc., Reclamation required by the Gravel Permit has been completed on most of the Property and that portion of the Property has been removed from the Gravel Permit through an acreage release. Reclamation of a 5.5- acre portion of the Thomas Curry Property and the Marilyn and Richard Curry Parcel (the "Reclamation Area") is required under the Gravel Permit. In conjunction with the granting of the Conservation Easements, the parties entered into a, Reclamation Agreement recorded on 2/7/2008 (Reception No. 622769) (the "Reclamation Agreement"). The Reclamation Agreement provides for reclamation of the Reclamation Area to be completed in compliance with the Gravel Permit, and further, reclamation of the Property to be completed in compliance with the Reclamation Plan described in the Reclamation Agreement. The Conservation Easements and Reclamation agreement state that Complete Reclamation of the Property shall be completed not later than January 1, 2013. To date, the reclamation of the 5.5 acre portion of the Property has not been completed and the property has not been completely released from the Gravel Permit by the Division of Reclamation, Mining, and Safety as is required by the Conservation Easement and the Reclamation Agreement. In addition, Section 5.7 of the Reclamation Agreement states, `They (Grantor) shall not transfer or attempt to transfer the Gravel Permit until Initial Reclamation has been achieved to the '°f�