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January 28, 2013 <br />Colorado Department of Natural Resources <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Dear Sirs: <br />KELLY R. McCABE, P.C. <br />Kelly R. McCabe <br />KRM:sm <br />Enc. <br />tm <br />KELLY R. McCABE, P.C. <br />ATTORNEYS AT LAW <br />22 E. MAIN • P.O. BOX 1296 <br />CORTEZ, COLORADO 81321 <br />PH (970) 565 -7209 <br />FAX (970) 565 -6355 <br />Re: Haycamp Gravel Permit/Four Corners Materials/Permit No. M -'1990 -025 <br />Section 13, Township 37 North, Range 15 West, N.M.P.M., Montezuma County <br />RECEIVED <br />N 3 02013 <br />VISION OF RECLAMATION <br />MINING AND SAFETY <br />This office represents the owners of the real property referenced above (the Haycamp Gravel Pit) <br />operated by Four States Aggregates (now a wholly owned subsidiary of McStone Aggregates, <br />LLC). As owner of the real property and all attendant rights associated with access to the property, <br />we would like to place the Department on notice that the Permittee shall lose all leasehold nghts, <br />including rights to mine and reclaim gravel from the Haycamp Gravel Pit, including legal rights to <br />ingress, egress, and any and all access to the Permit area to conduct mining or reclamation activities <br />effective September 30, 2013. I have enclosed a copy of the Fourth Addendum to the Agreement to <br />Develop and Purchase Road Aggregates for your review and would draw your attention to <br />paragraph 1 of that document. <br />On behalf of LMN Properties we would respectfully request that this Department direct the <br />investigation of the progress of reclamation with regard to the Permit in contemplation of the lease <br />expiration. <br />It is our understanding that McStone has requested through Montezuma County a Permit on an <br />adjacent property and that McStone intends to utilize roadways across the LMN properties now <br />accessing the Haycamp Pit. My clients are strongly opposed to the use of any of the Haycamp <br />property to provide the Permittee access for any purpose. <br />Respectfully, <br />cc: Wally Erickson, Durango Field Rep., DRMS (via email w /enc.) <br />Montezuma County Board of County Commissioners <br />LMN Properties <br />KELLY R. MCCABE <br />HAZEN D. BROWN <br />