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120 85 LLC <br />PERMIT OPERATION NAME: 120TH ESTATE PARTNERS <br />August 27, 2013 <br />State of Colorado <br />Division of Reclamation, Mining and Safety <br />Attn: Tom Kaldenbach <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Statement regarding availability of materials — M- 2001 -085 <br />Dear Mr. Kaldenbach; <br />This letter follows our meeting from Friday, August 16, 2013. <br />RECEIVED <br />AUG 311 f1'01 <br />DIVISION OF RECLAMATION <br />MINING AND SAFETY <br />As we discussed, attached is a letter from James Newman, the President of GSL / <br />Brush, of Chicago Illinois. GSL Brush is the current permittee and owner of the land, <br />until our sale and succession of Operators is complete in the coming months. As you <br />know, I am the authorized representative and have full authority to operate the property <br />within the permit. <br />As you take over this project and recalculate the bond, we ask that you consider <br />the availability of material on site for the reclamation. We estimate upwards of 300,000 <br />cubic yards of fill material remains on the permitted property that is suitable for use in <br />backfilling the mine. This material is on -site and will remain available for the <br />reclamation through the sale of the property and succession of operators. Most of this <br />material is stockpiled on the South side of the property and can easily be utilized without <br />the need for trucking. <br />In addition, ample top soil and fill material remains on the adjacent 25 acre parcel <br />that may also be utilized for the reclamation. Much of this material has been graded onto <br />this 25 acre parcel, but the grades allow for the availability of at least 200,000 cubic yards <br />if necessary for the reclamation of the adjacent mine. <br />As we discussed, we would like our Amendment to include permission to crush, <br />process and recycle concrete and asphalt. Our current permit allows for this, and we <br />anticipate the need to crush asphalt in the near future. We continue to stockpile asphalt in <br />particular, as it cannot be placed below the water table. <br />P.O. BOX 44011 • DENVER, COLORADO • 80201 <br />PHONE: (303) 921 -3550 • FAX: (303) 832 -3012 <br />