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September 14, 2016 <br />Mr. Rids Wolney <br />Mine Manager <br />New Horizon Mine <br />P.O. Box 628 <br />Nude, CO 81424 <br />RE: New Horizon Mine, Permit No. C-1981.008 <br />Two -Track Road on Kirkwood Property <br />Sent via Certified Mail <br />Dear Mr. Wolney: <br />1 granted a permanent access easement to CCC Ditch Company, and a temporary (until Phase <br />III bond release) access easement to Western Fuels Colorado (now known as Elk Ridge Mining <br />and Reclamation) on December 3, 2015. The easement is recorded in Montrose County at <br />Reception #871291. Because the access easement will be used by CCC Ditch Company after <br />reclamation. I hereby request that the section of two track road located on the easement be left <br />as a road rather than being reclaimed. <br />Absent this request, the two track road would be reclaimed in accordance with the Colorado <br />Division of Reclamation Mining and Safety ('CDRMS') Rule 4.15.1. However, under Rule <br />4.15.1(2Xa), the surface areas of roads that are part of the approved postmining land use may <br />be maintained and not reclaimed. <br />I, George Van Kirkwood III, provide this letter so that Elk Ridge may document this request in its <br />permit application (Permit No. C-1981-008) to CDRMS to retain the two track road on my <br />property, and release Elk Ridge of any obligation to reclaim the road in accordance with its <br />permit to mine. I am not granting any additional access rights to Elk Ridge or any other entity by <br />signing this letter. The access rights of Western Fuels/Elk Ridge will expire upon approval of <br />Phase III bond release as stated in the easement. <br />Sincerely, <br />George n Kirkwood III <br />Attachment 2.05.3(3)-17 Page 5 November 2016 (MR -103) <br />