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Holsinger Law, LLC <br /> lands, wildlife and water law <br /> 1011 <br /> M6 <br /> 7 <br /> February 26,2020 REC771VED <br /> VIA: Certified U.S. Mail, Return Receipt Requested FEB 2 82020 <br /> OF <br /> ATTN: Scottie Tate DIVISION MINING AND SAFETYRECLAMATION <br /> Division of Reclamation,Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Re: Amendment to Request for Transfer of Mineral Permit and m <br /> Request for Transfer of Mineral Permit and Successor of Operators <br /> Cotton Creek Pit- Mining Permit M-2013-054 <br /> Dear Scottie: <br /> We represent Kiana Holdings II, LLC ("Kiana") with regard to mining permit M-2013- <br /> 054 (also referred to herein as the "Cotton Creek Pit"). On January 23, 2020, we submitted <br /> Kiana's Request for Transfer of Mineral Permit and Successor of Operators ("1/23/20 Request") <br /> for M-2013-054 to the Division of Reclamation, Mining and Safety (received by DRMS on <br /> January 23, 2020). <br /> On February 15, 2020, we submitted Kiana Holdings' corrected W-9 form (received by <br /> DRMS on February 18, 2020) ("2/18/20 Submission"). <br /> On February 21, 2020, Kiana Holdings received a Notice of Incompleteness from DRMS <br /> identifying the following five items to be addressed to ensure completeness of the 1/23/20 <br /> Request: <br /> DRMS Requirement 1: "Structure Agreement" <br /> Kiana's Response to DRMS Requirement 1: To the best of Kiana Holdings' <br /> knowledge, the only significant, valuable and permanent man-made structure located within 200 <br /> feet of the Cotton Creek Pit was (or is) an irrigation ditch identified in the Application Form for <br /> Transfer of Mineral Permit and Succession of Operators — Administrative Information received <br /> by DRMS on February 27, 2017 with regard to the Cotton Creek Pit (the "2017 Revision"). <br /> Pursuant to the Special Warranty Deed between Sustainable Water Resources, LLC and Kiana <br /> Holdings 11, LLC, dated April 5, 2019 and recorded on April 8, 2019, at Reception No. 387703, <br /> Saguache County, Colorado. A copy of the Special Warranty Deed is enclosed herewith. <br /> Kent Holsinger,Manager Jack Silver,Of Counsel <br /> Alyson Meyer Gould,Member David L.Kueter,Of Counsel <br /> Nicholas Rising Terry Jo Epstein,Of ounsel 00 P: (303)722-2828 1800 Glenarm Place Holsinger Law, LLC <br /> F: (303)496-1025 Suite 500 <br /> www.holsingerlaw.com Denver,CO 80202 <br />