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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX. (303) 832 -8106 <br />March 16, 2012 <br />Mark Nesbitt <br />AGC Resources, LLC <br />1580 Lincoln St, Suite 700 <br />Denver, CO 80203 <br />RE: Cash & Who Do Mines; DRMS File No. M- 1983 -141; Notice of Enforcement <br />Hearing <br />Dear Mr. Nesbitt, <br />Financial Warrantor: <br />Cash Bond No.: <br />Amount: <br />Date of Submittal: <br />Expiration Date: <br />AGC Resources, LLC <br />1005 <br />$175,900 <br />August 2, 2010 <br />NA <br />STATE OF COLORADO <br />COLORADO <br />D 1 V 1 5 1 0 N OF <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />John W Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E Pineda <br />Director <br />On February 8, 2012 the Colorado Mined Land Reclamation Board (Board) determined the <br />Financial Warranty held for the Cash & Who Do Mines, DRMS File No. M- 1983 -141 is subject <br />to forfeiture in accordance with C.R.S. 34- 32- 118(1)(b). Pursuant to Rule 4.20 (2) of the <br />Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, <br />Metal, and Designated Mining Operations, the Board is required to notify all Financial <br />Warrantors that a Financial Warranty is subject to forfeiture. The pertinent information for the <br />Cash Bond is: <br />On March 12, 2012, the Division received documentation from the Boulder County District <br />Court demonstrating that the assets of AGC Resources, LLC will be transferred to a Court <br />appointed Receiver. The Receiver is authorized to execute any document necessary to transfer <br />the Reclamation Permit and the Financial Warranty for the Cash & Who Do Mines to a <br />Successor Operator. <br />An Enforcement Hearing will be held for this matter. It will occur during the April 11 and 12 <br />2012 Board Meeting. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, <br />Colorado, beginning at 9:00 a.m. on April 11 or as soon thereafter as the matter can be heard. <br />The Board will consider revocation of your permit and will consider whether your Financial <br />Warranty should be forfeited and will grant you and all financial warrantors the right to appear <br />before the Board. In addition, the Board will consider the transfer of the Reclamation Permit and <br />the Financial Warranty to a Successor Operator. The Board may withdraw or modify any <br />determination that the warranty is subject to forfeiture, settle or compromise the determination, <br />Office of <br />Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />