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d L.G. EVEPUST, INC. <br /> i 7321 E. 8$-rt:!1veNuK,Sarre 200 <br /> Rcx-x SouD 1876 <br /> } H`NDF,RSi1N, C ou)Rmin 80840 <br /> FNon303-287.9606 a FAx 303-289-1348 <br /> iAND t <br /> Just for clarification, in a separate submittal to the DRMS, L,G. Everist is requesting 63.3 acres to be released <br /> from the Carbon Valley Resource DRMS permitted area. This acreage is slightly larger than what L.G. Everist is <br /> requesting that the Town of Firestone accept"as is"of the"Carbon Valley Parcel" (59.286 acres). The difference <br /> between the two acreages is 4.014 acres The additional 4.014 acres are outside of the"Carbon Valley Parcel", <br /> so L.G. Everist is not requesting that the Town of Firestone accept the reclamation of them. The acres are <br /> accounted for as follows, with some history to explain it: When L.G Everist permitted the property originally <br /> (under the site name of Lohmann Sand and Gravel),we permitted to the eastern edge of the Lohmann's property <br /> and south to the centerline of the Last Chace Ditch. Years later, the original legal parcel was subdivided into two <br /> lots. The original owners, Ted and Linda Lohmann, kept the area south of the ditch (which was never in the <br /> permitted area) and a flagpole extension for their driveway along the eastern border, extending north to County <br /> Road 26. L.G. Everist bought the other lot, which contains most of he east side of the Carbon Valley Resource's <br /> permitted area -and this lot became known as the "Carbon Valley Parcel". The"Carbon Valley Parcel" is 4.014 <br /> acres smaller than the total permitted acreage of the east side of the Carbon Valley Resource (Areas A and B) <br /> because It does not contain the acres consisting of the Lohmann's driveway aid also the southern border of the <br /> "Carbon Valley Parcel" is the north side of the Last Chance Ditch, rather than the centerline of the ditch like the <br /> permitted area Although we are not requesting anything of the Tcwn on these acres, please be assured that the <br /> 4.014 acres are fully reclaimed - as the Lohmanr's driveway and access, and also as the area that is part of the <br /> Last Chance Ditch. And finally, the reason the 4,014 acres were still in the Carbon Valley Resource permitted <br /> area was because L.G. Everist has had a temporary easement with the Lohmanns to be able to use their <br /> driveway for reclamation-related activities. <br /> 1 Vith all of the reclamation completed in the "Carbon Valley Parcel" as stated above, and in accordance with <br /> Section 8.4 (a) of the PSE Agreement, L.G. Everist hereby requests an acknowledgement from the Town of <br /> Firestone stating that you accept the reclamation of 59.286 acres of the`Carbon Valley Parcel"to be released <br /> from the DRMS permit"as is". Please sign and return the Acknowledgement of Acceptance of Reclamation (2 <br /> copies attached)to us as soon as possible, so the DRMS can process the acreage release request which we <br /> have sent them separately. <br /> If you have any questions, please contact Lynn Shults (303-286-2247, Imshults@lgeverist.com). <br /> Sincerely, <br /> ynn Mayer Shults <br /> Regulatory Manager <br /> Attached, <br /> - "Carbon Valley Parcel"-Exhibit A-2 of the PSE Agreement <br /> - SEO's Clay Liner Approval letter dated 09118118 <br /> -Acknowledgement of Acceptance of Reclamation <br /> CC- via email; <br /> - Dennis L. Fields, Matthew S. Noteboom, Harry Karakatsanis (LGE) <br /> - Mike L Fredregill, Esq. (Hoye White LLP) <br /> CC- via email: <br /> - Bradley C. Grasmick, Esq. <br /> Lawrence Jones Custer Grasmick, LLP <br /> 5245 Ronald Reagan Blvd., Suite 1 <br /> Johnstown, CO 80534 <br /> CV-TownFitestone-ReclamationAsts-revised2-Oct2D18 docx <br />