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p, <br />DANIEL M. FOWLER' <br />TIMOTHY P. SCHIMBERG <br />TIMOTHY J. FLANAGAN= <br />KATHERINE TAYLOR EUBANK <br />JEFFERY B. STALDER <br />ADAM B. LINTON <br />ANDREW R. MCLETCHIE <br />BRIAN E. WIDMANN <br />SCOTT W. DRUSCH <br />1 ALSO ADMITTED IN WYOMING <br />2 ALSO ADMITTED IN WYOMING AND MONTANA <br />LAW OFFICES OF <br />FOWLER, SCHIMBE G & FLANAGAN <br />M 46. <br />AFFILIATED OFFICE: <br />PAUL J. TADDUNE, P.C. <br />323 WEST MAIN, SUITE 301 <br />ASPEN, COLORADO 81611 <br />TELEPHONE: (970) 925-9190 <br />TELEFAX: (970) 925-9199 <br />PROFESSIONAL CORPORATION <br />1640 GRANT STREET <br />DENVER, COLORADO 80203 <br />TELEPHONE: (303) 298-8603 <br />TELEFAX: (303) 298-8748 <br />(.' ( ?Cd o <br />December 7, 2010 <br />Via Certified Mail - Return Receipt <br />Mr. Martin Lind <br />Registered Agent <br />Trollco, Inc. <br />1625 Pelican Lakes Point, Suite 201 <br />Windsor, CO 80550 <br />Re: Succession of Oberati,Q,- DRMS Permit No <br />ZK G <br />Dear Mr. Lind: <br />Would you please just execute the enclosed "Succession of Operator" Application that <br />we have been discussing for several years. <br />Enclosed is a copy of a letter dated February 17, 2010, prepared by Aggregate Industries- <br />WCR, Inc. (Al), regarding matters between Al and Trollco, Inc. (Trollco) relative to the Stegner <br />Farms sand and gravel mining operation. On March 12, 2010, R. J. vonBernuth executed, on <br />behalf of Trollco, Trollco's acknowledgment and agreement with the matters set forth in the <br />letter. In addition to acknowledging that Al has fulfilled all of its obligations relative to exiting <br />the Stegner site, the letter sets forth terms -providing for a -payment from-AI. to Trollco in the <br />amount of $35,000 for additional reclamation and for a succession of operator from Al to Trollco <br />of the above-referenced Division of Reclamation, Mining and Safety (DRMS) permit. <br />Upon Trollco's execution of the acknowledgement and agreement, the Succession of <br />Operator application was to have been executed and submitted to DRMS. Al provided to Mr. <br />vonBernuth the application form on April 15, with items pertinent to AI completed, and advised <br />Mr. vonBernuth that remaining items would need to be completed by Trollco. On May 10, Mr. <br />vonBurnuth was advised that Al had the $35,000 check available for release to Trollco upon <br />completion and submittal of the Succession of Operator, and the application form was again <br />provided to Mr. vonBernuth. <br />L I'?ivd^il:_ o; ;;aclamai-i <br />M-1999-021-Stegner Farms <br />