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Lewicki & Associates <br /> ENGINEERINU I UEOLOaY I ENVIRONMENTAL <br /> November 19, 2021 RECEIVED <br /> Mined Land Reclamation Board NOV 2 2 2021 <br /> C/o: Camille Mojar <br /> Attn: Lucas West <br /> Division of Reclamation, Mining and Safety Colorado Division of Reclamation, <br /> 1313 Sherman Street, Room 215 Mining and Safety <br /> Denver, Colorado 80203 <br /> Delivered Via Email and Fedex <br /> RE: Burton Pit, M-1987-013, Completed Corrective Action to January 13, 2021 Board <br /> Order <br /> Mined Land Reclamation Board: <br /> On behalf of Southway Construction Company, Inc., ("Southway") please allow this letter to <br /> serve as record of satisfactory completion of the January 13, 2021 MLRB Board Order requiring <br /> corrective action regarding the Burton Pit (M-1987-013). <br /> Southway and Robert W. Burton Jr. and Burton Farms, LLLP ("Burton") have executed a <br /> Settlement Agreement and Mutual Release ("Agreement")that satisfies the Board's first <br /> Corrective Action suggestion as included in their January 13, 2021 Order that reads: <br /> "Submit to the Division an appropriately executed proof of legal right of entry or lease <br /> agreement with Susanne and Robert Burton, the property owners..." <br /> Both Southway and Burton are satisfied with the attached executed Agreement—Attachment A <br /> which serves as an agreement between both parties to: <br /> 1. Separate and secure the Burton owned parcels of the Burton Pit into an independent <br /> 110c operation. <br /> 2. File surety and acreage releases such that the Burton parcels are no longer included in <br /> the Burton Pit permit. <br /> 3. Align the Burton Pit reclamation plan with the Burton's 110c reclamation plan via a <br /> Technical Revision such that a seamless reclamation transition will occur across all <br /> parcels. <br /> 4. Complete concurrent remediation and/or reclamation of the mining highwall that spans <br /> both Burton owned and Southway leased parcels. <br /> Additional details are included in the Agreement. The Burton's plan to pursue a 110c permit <br /> within 90 days of the Board's approval of this Completed Corrective Action letter. Promptly <br /> following approval of the Burton's 110 and posting of their bond, Southway will request both a <br /> surety and acreage release of the newly permitted Burton parcels from the Burton Pit. <br /> November 2021 0 Lewicki& Associates <br />