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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 COLORADO <br />Denver, Colorado 80203 D I V I S I ON OF <br />RECLAMATION <br />Phone: (303) 866 -3567 MINING <br />FAX: (303) 832 -8106 <br />SAFETY <br />August 19, 2013 John W. Hickenlooper <br />Governor <br />Mr. Carl Campbell Mike King <br />TRNLWB, LLC Executive Director <br />2525 N. Stemmons Frwy, 2nd Floor Loretta E. Pineda <br />Dallas, Tx 75207 Director <br />Re: Succession of Operators Application Incomplete for <br />Western Aggregates Site, Permit M -1988 -108 <br />Dear Mr. Campbell: <br />On May 7, 2013, the Division of Reclamation, Mining and Safety received your Application for Transfer of <br />Mineral Permit and Succession of Operator. On May 23, you were notified the following items are missing <br />from your application packet: <br />1. Financial Warranty not provided. <br />2. Demonstration of Legal Right to Enter site not provided. <br />3. Structure Agreement not provided or noted not required. <br />4. Officer Affidavit of Authority to execute warranty documents not provided. <br />You have selected Option 2, which requires the Financial Warranty to be submitted for the <br />application to be complete. Your cover letters states Ms. Peggy Bernard of Trinity Industries, Inc. <br />will be contacting the Division to coordinate a Financial Warranty Cash Escrow, which requires <br />Board approval. The Board meets monthly and presentation material must be submitted by the <br />previous month end to be on the next month Board agenda. You are currently looking at a <br />presentation for the July Board meeting if the documents are submitted before the end of June. <br />You may consider providing another type of Financial Warranty which is approved by the Director <br />without prior Board approval, such as Check for Deposit in State Treasury, Certificate of Deposit, <br />Letter of Credit or Corporate Surety. <br />Please return the required items for your Application to the Division by September 19, 2013 or <br />your application will be denied. Forms may be accessed at https: / /mining.state.co.us .If you have <br />any questions regarding your Succession of Operator Application, please contact me at (303) 866 -3567, ext. <br />8148. <br />Sincerely, <br />(-- : �4 ', <br />Barbara Coria <br />Financial Assurance Specialist <br />cc: Tom Kaldenbach, Division Reclamation, Mining and Safety <br />Mr. Ed Gerik, TXI Operations, LP dba Western Aggregates <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />