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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 />I ALSO ADMITTED IN WYOMING <br />2 ALSO ADMITTED IN WYOMING AND MONTANA <br />41 Boyd Irrigation Company <br />Attn: Lory Stephens, Secretary /Treasurer <br />1100 10 Street, Suite 300 <br />Greeley, CO 80631 <br />LAW OFFICES OF <br />August 1, 2011 <br />FOWLER, SCHIMBERG & FLANAGAN <br />PROFESSIONAL CORPORATION <br />1640 GRANT STREET <br />DENVER, COLORADO 80203 <br />TELEPHONE: (303) 298 -8603 <br />TELEFAX: (303) 298 -8748 <br />Re: 83 Joint Venture LLC Boyd Irrigation Company Ditch Shares <br />Dear Ms. Stephens and any prospective bidder on the 83 JV Stock Certificate: <br />44- z-- o <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 />1'1 r- <br />RECEIVED <br />AUUO22011 <br />Division of Reclamation, <br />Mining & Safety <br />My client, Aggregate Industries -WCR, Inc. (AI) is in receipt of a copy of the July <br />1, 2011 letter from Boyd Irrigation Company (the Company) to 83 Joint Venture LLC <br />(83 JV) regarding the Notice of Sale or Forfeiture of Shares of Boyd Irrigation <br />Company Stock for failure to pay past due assessments levied on 240 shares of stock <br />owned by 83 JV. THE COMPANY IS HEREBY ADVISED TO NOTIFY ANY <br />POTENTIAL PURCHASER THAT THESE SHARES ARE COMMITTED TO <br />AUGMENTATION OF EVAPORATIVE LOSSES FROM GROUNDWATER LAKES <br />OR GRAVEL PIT WELLS LOCATED ON PROPERTY DESCRIBED IN EXHIBIT A <br />ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE, KNOWN <br />AS THE F STREET PROPERTY OR 83 JOINT VENTURE PIT DUE TO GRAVEL <br />MINING ACTIVITIES. We want to avoid a situation that any bidder will later claim to <br />be an "innocent purchaser for value without notice" of this situation. <br />In accordance with the terms of a Mineral and Surface Lease (the Lease), dated <br />April 17, 1998 between 83rd JV (Lessor) and CAMAS Colorado, Inc. (Lessee; now <br />known as Aggregate Industries -WCR, Inc.), AI is the current operator of the 83 Joint <br />Venture Pit (hereinafter referred to as F Street), under Colorado Mined Land Reclamation <br />Permit No. M -1992 -069 (MLRB Permit). <br />