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~ ,~ <br />~~ Banks and Gesso, LLC <br />~~ <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303)274-4277 <br />Fax (303) 274-8329 <br />www. banksandgesso.com <br />October 2, 2006 <br />RECEIVED <br />Erica Crosby Il(~7 (1 -~ 7nng <br />Colorado Division of ReGamation, Mining and Safety <br />1313 Sherman Street, Room 215 Division of Reclamation, <br />Denver, Colorado 80203 Mining and Safety <br />5~-Dl <br />RE: Request for Partial Financial Warranty Release- M 1978-314, <br />Via Certified Mail <br />Owner of Record: <br />Angus Investments, LLC <br />Attn: Mr. Kirk J. Eberl <br />7276 West Mansfield Avenue <br />Lakewood, Colorado 80235 <br />(303) 988-6288 <br />Lessee/Permittee: <br />King Mountain Gravel, LLC <br />Attn: Mr. Kirk J. Eberl <br />7276 West Mansfield Avenue <br />Lakewood, Colorado 80235 <br />(303) 988-8286 <br />Dear Ms. Crosby: <br />NOV: NONE <br />Annual Fee: 11/22/06 AC <br />As you may recall, approximately 1/3rd of the financial warranty that was set for this <br />permit was based on the fact that there was a very large collection of old truck and <br />miscellaneous equipment parts, steel barrels and other junk that had been accumulated <br />over the years by the previous owner of the property. During the process of converting <br />the old Section 110 permit to the new Section 112 permit the Division discovered that <br />this junk was within the new pennit boundary. According to our records the Division set <br />the total financial warranty at $327,000.00. Of this amount, approximately $119,497.00 <br />was related to junk" and "miscellaneous equipment", demolition plus associated mark- <br />ups for insurance, project management costs, etc. <br />As of this date approximately 98% of the junk has been removed from the property and <br />by the time the Division is able to conduct a field inspection, all junk will have been <br />removed. <br />Mr. Eberl, owner of the property under Angus Investments, LLC and the Pennittee under <br />King Mountain Gravel, LLC has instructed Banks and Gesso, LLC to request a reduction <br />