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( n( 1L <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />February 5, 2013 <br />Mr. Aryn McKay <br />Blattner Energy, Inc. <br />392 County Road 50 <br />Avon, MN 56310 <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Re: Higgins Pit II, Permit No. M- 2012 -013, INCOMPLETE Pending Application For Transfer of <br />Mineral Permit and Succession of Operator, Application Fee and Financial Warranty <br />Dear Mr. McKay: <br />On January 28, 2013, the Division of Reclamation, Mining and Safety received your Application for <br />Transfer of Mineral Permit and Succession of Operator. The following items are missing from your <br />application packet: <br />1. Succession of Operator Application fee of $144.00. <br />2. Financial Warranty provided by Smithburg Family Partnership, LLLP <br />3. Structure Agreement provided by Smithburg Family Partnership, LLLP. <br />Apparently the application fee was submitted with the application, but the Division is unable to verify it was <br />received. Please provide the application fee of $144.00 to process your application. The Division will <br />notify Smithburg Family Partnership, LLLP for the Financial Warranty and Structure Agreement. <br />If you have any questions regarding your Succession of Operator Application, please contact me at 303 866- <br />3567, ext. 8148. <br />Sincerely, <br />, ' 1/ <br />Barbara Coria <br />Financial Assurance Specialist <br />Mac_ <br />cc: Tom Kaldenbach, Division Reclamation, Mining and Safety <br />Office of <br />Office of <br />Mined Land Reclamation <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />