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Holsinger Law, LLC <br /> lands, wildlife and water law <br /> May 1,2017 <br /> Page 2 <br /> We request DRMS process the release of acreage without the need for <br /> inspection of the released lands. As noted in the Van Valkenburg Quarry permit <br /> application,the access road was in existence prior to the initiation of the permit <br /> application or mining operation. The Van Valkenburg Quarry permit was issued on <br /> August 31, 2016. The Operator was unable to begin significant work on the site prior <br /> to winter weather. Therefore, no improvements or changes have been made to the <br /> access road that would require reclamation. Moreover, DRMS approved the <br /> Operator's plan to leave the access road in existence for the landowner's use after <br /> mining and reclamation is complete. Because the Operator has not altered or <br /> improved the access road, and the Permit approved the access road to remain in <br /> existence following mining activities,there is no reclamation necessary for the <br /> released acreage. A signed statement reflecting the same is enclosed herewith by the <br /> Operator's agent, in accordance with Section 4.17.1(4) of the DRMS Rules and <br /> Regulations for the Extraction of Construction Materials. <br /> Therefore, we request that DRMS release the subject .333 acres from <br /> reclamation responsibility, as soon as reasonably possible without the need for an <br /> inspection. We believe that in this case,proceeding without an inspection is in the <br /> best interest of agency efficiency and promotes the goal of the Colorado Land <br /> Reclamation Act for the Extraction of Construction Materials that the "economic <br /> costs of reclamation measures shall bear a reasonable relationship to the environment <br /> benefits derived from such measures." C.R.S. § 34-32.5-102(2). In order to help <br /> facilitate the release, the Operator waives its right to receive a reduction in its <br /> financial warranty for the reduced acreage at this time. After the release of acreage is <br /> complete,the Operator will seek an amendment and addition of acreage, and we <br /> request any necessary adjustment to the financial warranty be completed at that time. <br /> We recognize that the foregoing is a rather unusual request, and we <br /> sincerely thank DRMS for its cooperation and flexibility in this matter. Please do <br /> not hesitate to contact us with any questions. <br /> Sincerely, <br /> HOLSfNGER Law,LLC <br /> ✓•444;t-,,- <br /> Austin Rueschhoff,Attorney <br /> cc: Tony Waldron, Colorado Division of Reclamation Mining and Safety <br /> Enclosure <br />