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-r o / T Ak- STATE OF COLORADO <br />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 />January 29, 2013 <br />John P. Ary <br />All -Rite Paving & Redi -Mix Inc. <br />P. O. Box 165 <br />Canon City, CO 81215 <br />Re: Mooney Hills Permit, Permit No. M- 2007 -007, Succession of Operators Approval, Revision No. SO -1 <br />Dear John. Ary: <br />COLORADO <br />DIVISION 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 January 28, 2013, the Division of Reclamation, Mining and Safety approved the succession of operators from <br />Mullett Excavating, LLC to All -Rite Paving & Redi -Mix Inc. for this operation. All -Rite Paving & Redi -Mix Inc. is <br />now the permitted operator of the Mooney Hills Permit, and as such, is responsible for all provisions in M- 2007 -007, as <br />well as those specified in the Rules and Regulations. Mullett Excavating, LLC is relieved of all responsibilities <br />concerning this operation. <br />Please Note: <br />1. All of the application materials, as amended and supplemented, are in integral part of your permit. They have <br />been incorporated into the permit by reference. We presume that you have a copy of all of these materials, therefore, <br />none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application <br />at the mining operation as a reference for operation personnel, to help ensure compliance with the terms of the permit. <br />2. Changes in the mining and reclamation operations that differ from those described in the permit may require a <br />modification to the permit. We suggest consulting the Rules and Regulations and/or contacting us to determine if a <br />modification to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.9 to Technical Revisions, and Rule <br />1.11 to Conversions. <br />3. On your permit anniversary date each year, you must submit an annual fee and annual report to us. Please <br />consult the Rules, Act, and your permit for specific requirements. <br />The estimated increased liability amount of $8,800.00 for the Mooney Hills Permit, when added to the existing liability <br />amount of $15,000.00, exceeds the performance bond held. In accordance with the section 34- 32.5- 117(4) of the <br />Colorado Land Reclamation Act, adequate financial warranty in the amount of $23,800.00 must be submitted to the <br />Division within 60 days of the notification mailing date of this letter; therefore, the bond needs to be accepted prior to <br />March 26, 2013 to complete the Transfer Successor of Operator. <br />The transfer of this permit does not result in the transfer of any other permits or licenses, with this Division, <br />the State, or Federal Agency, which might be associated with this operation. <br />If you have any questions, contact me. <br />Sincerely, <br />4104 i_ ems r/i/ <br />Tyler V. ODonnell <br />Environmental Protection Specialist <br />cc: Tom Kaldenbach, Division of Reclamation, Mining and Safety <br />Mr. Myron Mullett, Mullett Excavating, L.L.C. <br />Office of Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />