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120 85 LLC <br />OPERATION NAME: 120TH ESTATE PARTNERS <br />State of Colorado <br />Division of Reclamation, Mining and Safety <br />Attn: Berhan Keffelew <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />RE: Statement concerning material from Cherokee Power Plant <br />Dear Mr. Keffelew; <br />EBF /crf <br />CC: James Newman, GSL Brush <br />January 31, 2013 <br />P.O. BOX 44011 • DENVER, COLORADO • 80201 <br />PHONE: (303) 623 -2039 • FAX: (303) 623 -2069 <br />m -3ool o8S <br />-- Rit-5 <br />This letter follows your inspection of our site this morning. As we stated to you in <br />person, we have not accepted any material that has been amended with Lime (or fly ash). <br />All material accepted at the site conforms to Rule 1.1.20 and DRMS definition of inert <br />material. We will not accept any loads from this site that has been treated with Lime <br />without prior written approval from DRMS. <br />We maintain a log and record of all loads coming into our property. Attached <br />hereto is written confirmation from the contractor confirming no Lime or flyash in the <br />material imported to our site. <br />