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<br />w' <br />December 7, 20 10 <br />Page 2 <br />To date, Trollco has failed to fulfill its obligation to complete the Succession of Operator. <br />Apparently Mr. vonBernuth has been unable to locate a copy of DRMS permit documents, and <br />perhaps that is why he has failed to follow through on behalf of Trollco. Al indicates, however, <br />that an electronic copy of the permit documents was originally provided to Trollco in 2008, and <br />in response to an inquiry by Mr. vonBernuth in July of this year, Al provided Mr. vonBernuth <br />with a link to the DRMS web site and advised that all permit documents are available for <br />viewing and download from that site. <br />Following a letter from this office to Mr. vonBernuth, dated August 9, 2010, demanding <br />that Trollco fulfill its obligations under the exit agreement, the only response Al has received is <br />yet another request for permit documents. (Copy of referenced letter is enclosed). While Al is <br />under no obligation to provide permit documents to facilitate the Succession of Operator, an <br />electronic copy of the DRMS permit file is once again being provided to Trollco on the enclosed <br />compact disc. Per Mr. vonBernuth's request, a hard copy of the Larimer County Application for <br />Special Review is also enclosed, together with a copy of the Board of County Commissioner's <br />Findings and Resolution approving the special use. Considering that the original applicant for <br />these permits was Poudre Tech Aggregates, an affiliate of Trollco, and that according to various <br />application documents and communications you were personally involved in those processes, <br />you should be fairly familiar with their content. <br />As AI's reclamation bond for the Stegner operation is set for renewal on December 22, <br />2010, we are requesting that you assure that Trollco fulfills its obligations under the exit <br />agreement by completing and submitting to DRMS the Succession of Operator application <br />together with the required fee and Performance Warranty prior to that date. For your <br />convenience, we are enclosing a copy of the Succession of Operator form completed with AI's <br />information, as previously provided to Mr. vonBernuth. Upon approval of the Succession of <br />Operator by DRMS, Al will release its $35,000 check to Trollco. <br />Very truly yours, <br />Timothy J. Flanagan <br />t f1'anagan WsPaw. com <br />TJF/clm <br />Enclosures <br />cc: Division of Reclamation, Mining and Safety (w/o enclosures) <br />R. J. vonBurnuth (w/o enclosures) <br />Mike Refer, Aggregate Industries (w/o enclosures) <br />Connie Davis, Aggregate Industries (w/o enclosures)