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<br /> <br /> <br /> <br /> <br /> <br />May 23, 2024 <br /> <br /> <br />David Grounds <br />OWL SWD Operating, LLC <br />20 Greenway Plaza <br />Suite 500 <br />Houston, TX 77046 <br /> <br /> <br />Re: White River Pit - File No. M-2008-070 <br /> OWL SWD Operating, LLC <br /> Temporary Cessation (TC-1) <br /> TEMPORARY CESSATION NOTICE <br /> <br />Dear David Grounds: <br /> <br />On May 15, 2024 the Division concluded its review of your Temporary Cessation status request for <br />the White River Pit, further described as: <br /> <br />No industry activity or economic justification. <br /> <br />The decision reached by the Division is: Approve. Board accepted request to enter into temporary <br />cessation. TC-1 began on March 24, 2024 and will end on March 24, 2029 <br /> <br />The revised liability amount exceeds the financial warranty currently held (see below), please submit <br />additional bond or a rider to your existing bond that equals or exceeds the Revised Liability. The <br />revision will not be final until the bond is approved by the Division. <br /> <br />Please be aware that Section 1.13.5(1)(a) of the Construction Materials Rules and Regulations and the <br />Hard Rock/Metal Mining Rules and Regulations state that “Initial period shall be the first five years <br />of Temporary Cessation beginning with the 180 day period of production cessation.” <br /> <br />Please be aware that in accordance with Rule 1.13.9, in no case shall Temporary Cessation be <br />continued for more than ten (10) years without terminating the mining operation and fully complying <br />with the Reclamation requirements of the Act and the Rules. <br /> <br />In accordance with Rule 1.13.8, the permit for White River Pit shall continue in effect as long as <br />mining operations resume within five years of the beginning of Temporary Cessation or the Operator <br />files a request for an extension of the period of Temporary Cessation with the Board meeting the <br />requirements of Rule 1.13.5(3) and secures Board approval of that request.