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July 6, 2009 <br />Ms. Defuse Gonzales <br />All-Rite Paving & Ready-Mix, Inc. <br />839 Mackenzie Avenue <br />Canon City, Colorado 81212 <br />Re: Regular (112) Operation Reclamation Permit, Exhibit N-Source of Legal <br />Right to Enter (Proctor Pit) <br />Dear Denise: <br />It is our understanding that Ali-Rite Paving & Ready-Mix, Inc. (All-Rite) intend to <br />apply to the Colorado Division of Reclamation, Mining & Safety (DRM&S) for a <br />Regular (112) Operation Reclamation Permit on property commonly referred to as the <br />"Proctor Pit". <br />Furthermore, it is our understanding that the proposed 112 permit application will include <br />the area previously permitted by All-Rite under DRM&S Permit # M-2004-055 as well as <br />21 acres adjacent to the previously permitted area for a total of 50 acres plus the one acre <br />access road. The property subject to the proposed 112 permit application is located in a <br />portion of Section 20, Township 23 South, Range 57 West of the 60' P.M. all located in <br />Otero County, Colorado. <br />The purpose of this letter is to provide All-Rite with written authorization to enter <br />the subject property pursuant to the requirements of Rule 6.4.14-Exhibit N- Source of <br />Legal Right to Enter. <br />Therefore, as owners of record of the subject property described above please <br />accept this letter as All-Rite's legal right to enter and mine said property. This legal right <br />to enter is subject to All-Rite obtaining all necessary permits and authorizations required <br />to mine and reclaim the property and to All-Rite's compliance with all terms and <br />conditions of any lease agreement with the undersigned as concerns the property. <br />Signed this <br />fight E. Proctor <br />day of July, 2009 by: <br />Proctor