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1!x <br />,r <br />Mr. Dick vonBemuth, Project Manager, Trollco, Inc. <br />February 17, 2010 <br />Page Two <br />AL <br />AGGREGATE <br />INDUSTRIES <br />activities on the site. Said $35,000 shall be paid to Trollco simultaneously with the <br />submission of the application for Succession of Operator. <br />6. There are no reclamation items that Al has performed or is required to perform which <br />require warranty by Al to Trollco. <br />7. Upon Trollco's execution of the acknowledgement below, Al and Trollco shall execute a <br />Succession of Operator application from At to Trollco for ORMS Permit No. M-1999-021 <br />- Stegner Farms. Trollco shall submit the Succession of Operator application together <br />with the required Performance Warranty and application fee to DBMS immediately upon <br />execution. Upon DRMS approval of such Succession of Operator, AI's reclamation bond <br />shall be released and returned to Al and replaced by Trollco, at Trollco's expense, with a <br />Financial Warranty in the amount required by the DRMS Permit transfer. <br />8. Upon execution of this letter and the Succession of Operator application, Trollco <br />accepts responsibility for all operations and activities allowed and required under the <br />DRMS permit and all other permits required and associated with the mining and <br />reclamation use of the Stegner Farm sand and gravel operation and releases Al from all <br />responsibilities or liabilities therefore. <br />If the above correctly reflects your understanding of our discussions and verbal agreements <br />regarding the Stegner Carm sand and gravel mining operation, please execute the <br />acknowledgement below. <br />Regards, <br />Michael C. Re <br />Environmental and Land Services Regional Manager <br />Aggregate Industries-WCR, Inc. <br />Acknowledged and agreed to: <br />Trollco, Inc. <br />By: <br />D VonBernt th, Project Manager <br />Date: 3-/0-/6