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Bruce G. Smith <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />VIA HAND DELIVERY <br />Re: Amendment Application <br />Permit MO20 -08 -070, WRC Pit, Western Gravel, LLC <br />Dear Sirs or Mesdames: <br />ATTUkNEVS -s* LAW <br />Darling . Milligan • Smith & Lesch, PC <br />November 14, 2012 <br />A0n95 <br />1 -42 1 (96A <br />Please be further advised that the Loves have attempted to address this issue with the applicant <br />prior to filing this comment. (See letter and e -mail attached.) Neither the undersigned nor our <br />1331 17th Street, Suite 800, Denver, CO 80202 <br />Phone 303.623.9133 • Fax 303.623.9129 • www.dmsl-law.com <br />Direct 303.260.5042 <br />Email bsmith @dmsl - law.com <br />RECEIVED <br />NOV 14 2C12 <br />Division of ROCIIIMatial, <br />Mining Safety <br />This firm represents Sam F. Love and Virginia L. Love (the "Loves "), adjacent property owners <br />and grantors of the land designated for the above mining permit. This letter is submitted under <br />the comment period provided for as to the above amendment application. <br />Please be advised that pursuant to an agreement between the Loves and permittee Western <br />Gravel LLC entered into December 16, 2010, Western Gravel no longer has any rights of <br />extraction as to the land designated for Phase II operations under the above permit. (See <br />attached "Agreement" and "Partial Release of Gravel Lease Agreement," terminating the Option <br />in paragraph 15 of the original Gravel Lease Agreement on file.) Therefore, the original permit <br />and any amendment are not valid as to any property within said area. <br />The Loves therefore want to bring to the Division's attention the fact that the applicant no longer <br />has a valid lease to extract gravel from the Phase II property. We emphasize, however, that the <br />Loves are not objecting to any aspect of the amendment application with respect to Phase I, <br />which remains under a valid agreement with Western Gravel LLC. <br />