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RECEIVED <br /> July 16, 2019 <br /> JUL 16 2019 <br /> Ms. Barbara Coria <br /> Financial Assurance Specialist DWISION OF RECLAMAT10N <br /> Division of Reclamation Mining and Safety MINING AND SAFETy <br /> Department of Natural Resources <br /> 1313 Sherman Street, Suite 215 <br /> Denver, Colorado <br /> Re: Arcosa LWB, Permit M-1988-108 <br /> Incomplete Application for Transfer of Permit and Succession of Operators, <br /> SO-03, Option 1 <br /> Dear Ms. Coria: <br /> Arcosa Materials, Inc. received your letter dated March 19, 2019 regarding the Division of Reclamation <br /> Mining and Safety's(DBMS) completeness review of the Arcosa Material, Inc. (Arcosa)Transfer of Permit <br /> and Succession of Operators application for the Boulder Lightweight facility(Permit No. M-1988-108). We <br /> understand,based on your letter that the Division found the following two items incomplete. <br /> 1. Demonstration of Legal Right to Enter not provided. <br /> 2. Structure Agreement not provided. <br /> Arcosa provided a response to DRMS's March 19, 2019 letter on May 1, 2019 responding to the items listed <br /> above. DBMS provided a second letter dated May 2, 2019 in which it requested additional information. In a <br /> letter dated May 15, 2019, Arcosa requested and was granted an extension to the decision date to July 16, 2019. <br /> This letter serves to provide DRMS with the requested information. <br /> Demonstration of Legal Right to Enter: <br /> Currently all properties included within the affected lands boundary are owned by the Hogan Family and Arcosa <br /> Materials, Inc. A legal right to enter properties not owned by Arcosa has been in place since 1987 in the form of <br /> a series of lease agreements between the Hogan Family and operator. The following provides a timeline of the <br /> various lease agreements and assignments that have occurred up through 2019. <br /> • January 14, 1987: Original Lease signed between Hogan family and Cliffs Engineering,which was <br /> assigned to LC Holdings, Inc., which was assigned to Western Aggregates, Inc. (WAI). <br /> • September 21, 1990: Lease between Hogan Family and WAI was modified. <br /> • March 1994: All leases between Hogan Family and WAI were consolidated into one lease agreement. <br /> • October 21, 1997 and November 25, 1997: All Hogan leases were assigned from Western Aggregates, <br /> Inc. to Texas Industries. <br /> • March 23,2013: Lease was assigned from Texas Industries to Trinity Lightweight Boulder(TRNLWB) <br /> 1 <br />