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THOMAS T.FARLEY <br />WILLIAM F. MATTOON <br />PATRICK GARCIA <br />JAMES R. GERLER <br />VALERIE V. HAYNES <br />PETERSEN & FONDA, P.C. <br />ATTORNEYS AT LAW <br />215 WEST SECOND STREET <br />PUEBLO, CO 81003-3251 <br />Telephone (719)545-9330 <br />Facsimile (719) 542-8515 <br />e-mail: info@petersen-fonda.com <br />March 24, 2003 <br />GARRETT FONDA (1915-1981) <br />HARRY S. PETERSEN (1901-1990) <br />13ECEIVED <br />MAR 21 2003 <br />Colorado Division of Mining and Geology Division of Minerals and Geology <br />ATTENTION: Mr. Tony Waldron <br />1313 Sherman Street, Room 215 <br />Denver, CO 60203 <br />L/ <br />Re: Construction Materials.-clamation Permit A~lication <br />Boyer Pit, File No.: M-2002-122 O~pje~-C~ ~._n~.a~1, <br />Dear Mr. Waldron: <br />This letter will advise you that there may have been a <br />slight misunderstanding on the part of the Army Corps of <br />Engineers concerning the location and extent of the property to <br />be affected in the above referenced application. <br />The situation is described in the attached copy of a letter <br />from John Gerstle to Van Truan, Chief of the Army Corps of <br />Engineers office in Pueblo. I am under the impression that the <br />Corps of Engineers will soon be reevaluating their position based <br />on having received additional information as to the location of <br />the subject property and mining plan, and that the Corps of <br />Engineers will be undertaking additional field investigations. <br />Given this change, I would ask that proceedings on this <br />application be appropriately delayed to allow the Corps of <br />Engineers to reassess its position, and for other parties to take <br />this additional information into account in their considerations. <br />I thank you in advance for your consideration. <br />ncerely _~~ <br />%'-~ <br />mes R. Gerler <br />JRG/mar <br />Enclosure <br />