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November 28, 2012 <br />Dear Mr. Keffelew: <br />Very truly yours, <br />Connie N. Davis <br />Land Advisor <br />/ <br />Mr. Berhan Keffelew <br />Colorado Division of Reclamation Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RECEIVED <br />4i0V 292012 <br />Division of Reclamation, L <br />Mining & Safety <br />r <br />Re: Permit Number M- 2004 -031 — Hazeltine Mine, Revision No. TR -01 <br />s <br />Enclosed is a copy of a settlement offer letter, dated November 19, 2012, which was sent <br />by Aggregate Industries' (AI) attorney to the attorney representing Mr. Fred Orr relative <br />to Mr. Orr's complaint against AI's Hazeltine Mine. That complaint resulted in AI's <br />filing of the above - referenced TR, which is still pending the Division's approval. As a <br />result of notice to the Division that AI was going to attempt to purchase Mr. Orr's <br />property, which if successful would result in AI's withdrawal of the TR request, the TR <br />decision date was extended to December 1, 2012. Mr. On was therefore requested to <br />respond in writing if he chose to accept the offer on or before November 30. <br />Yesterday AI received a response from Mr. Orr, a copy of which is also enclosed, <br />advising that Mr. On is not interested in negotiating the proposed settlement. AI will <br />therefore plan to proceed with the TR as proposed upon notice of Division approval. <br />Please advise accordingly. <br />AGGREGATE INDUSTRIES <br />WESTERN REGION <br />1707 Cole Blvd , Suite 100 <br />Golden, CO 80401 <br />Telephone (303) 985 -1070 <br />Facsimile (303) 716 -5295 <br />vwvw aggregate -us corn <br />An Equal Opportunrty Employer <br />An AGGREGATE INDUSTRIES company <br />AGGREGATE <br />INDUSTRIES <br />