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111111fil T- <br /> ELLURIDE Oldcastle SW'Group, Inc. <br /> "AVEL www.united-gj.com FOUR CORNERS <br /> MAT SAIAL: www.fourcornersmaterials.com <br /> Construction Co. <br /> A C1NCOMOANY ACw COMDA1tr A CAN COPWANY A CRH COMPANY www.apc.us.coin <br /> September 9, 2025 <br /> RECEIVED <br /> Henrichs Land and Cattle, LLC <br /> Attn: Dan Henrichs SEP 'I 6 2025 <br /> 49707 East Hwy 50 <br /> Avondale, CO 81022 Colorado Division of Reclamation, <br /> (sent mail ndcattlellc@gmail.com Mining and Safety <br /> (sent via mail and email to above) <br /> RE: Response to D. Henrichs Letter, 44th Lane Project, DRMS File No. M-2016-009, dated 8/18/2025 <br /> Dear Mr. Henrichs, <br /> This is in response to the referenced letter where you provide us with a written notice of an ongoing <br /> breach of contract and are providing 30 days for us to rectify the situation before termination. We <br /> contend that we are not in breach of contract as described in your letter. I met with you in-person last <br /> Wednesday afternoon, 9/3/2025, to further understand your concerns and to rectify the situation at hand. <br /> The following is a recap of our meeting and items discussed pertaining to your letter: <br /> 1. You notify us that a gate was never installed by Fremont Paving on your(south) property line when the <br /> road was built between the 44' Lane Pit and State Pit.A gate was installed on your north property line <br /> when the road was built and now you are requesting that a similar style gate be installed on your south <br /> property line for cattle grazing control purposes.While this gate installation is not a condition of our <br /> current lease agreement,we understand your request for a gate and commit to installing one by end-of- <br /> September 2025 at no cost to you for your potential cattle grazing activities starting in October. <br /> 2. There is no intention of our amending the lease agreement contract at this time.Our operational <br /> planning of activities is dependent on market demand for mining material. Market demand has slowed <br /> which has contributed to lower haul volumes between the 44th Lane Pit and State Pit. I also explained <br /> that potential contractual issues between the Pritekel Family and the State Land Board related to the <br /> 44th Lane Pit are being worked-out between them;this is potentially causing operational planning issues <br /> to be resolved between Pritekel's,State Land Board and us moving forward. <br /> 3. You noted that Tony Majka,GM, stated the companies intention to amend the permit to allow crushing <br /> and separation on the site which would breach our current contract agreement. I further clarified and <br /> explained that it is not our companies intention to amend the permit or our lease agreement but that <br /> Pueblo County Officials approached us to see if we would consider revising the primary access at 36" <br /> Lane to another location citing safety concerns along 36t' Lane as the reason behind it.This potential <br /> change in access and our subsequent operational planning is based on Pueblo County's initial request, <br /> review, and ultimate approval, not by us. <br /> 4. We do not intend to amend any permits at this time and we intend to continue to honor all royalty <br /> payments due per our lease agreement contract. <br /> 2273 River Road 210 Road 390 14802 W.44th Ave 839 Mackenzie Ave <br /> Grand Junction,CO 81505 Farmington,NM 87401 Golden,CO 80403 Canon City,CO 81212 <br /> (970)243-4900 (505)324-3900 (303)279-6611 (719)275-3264 <br />