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<br />M•t94a•oy~ <br />James and Deanna Van Ella RECEIVED <br />180 Lane 200 Bass Lk <br />Angola, Indiana 46703 NOV 3 01(~ <br />November 25, 2005 <br />Division of Mineral and Geology <br />1313 Sherman Blvd. Room 215 <br />Denver, Colorado 80203 <br />Carl, <br />Division of Mineials and Geology <br />This letter is a follow up letter from the one dating November 14, 2005. We just received it on November <br />25,2005 <br />I hate to keep repeating my self but when we applied for our permit, William York-Fern told us we could <br />only permit 3 acres on a 110-2 permit. I never mentioned to you about that charge being wrong. Bruce <br />Humphries stated that when you and he were up on the mine site that the assessment fee was wrong! He <br />also stated to Jim and I that it has been wrong from day one, but that the Department was not going back to <br />collect the difference. Remember Steve, the specialists that came with you, stating that York-Fern hired in <br />at the same time he and Erica Crosby lived th and he was not an experienced specialists? <br />I still wonder why when the mistake was noted, at the time Jim Dilley inspected the mine. This is when the <br />assessment charge was changed and why it wasn't brought to someone's attention. This all could have <br />been handled years ago. Again I have to bring up the Fact that, you and the specialists dealing with mines <br />for many years had to question the ability of mining on 3 acres but could mine 70,000 tons per yeaz and <br />stay within the 3 acres. Not possible! Also when Erica Crosby and you ran your GPS noting that we were <br />out of our 3 acres by .8 acres not subtracting the roads. I still can't understand why at that time it wasn't <br />noted that there is the roads that they were pre-law pre-permit. You mentioned that because they looked <br />like they were improved, again [say on a 3 acre permit there is no way we could mine and not put the <br />washed rock somewhere, common sense tells anyone that! The mistakes were acknowledged when Bruce <br />Humphries said when asked "How could there possibly be so many mistakes by DMG concerning our <br />permit, he replied "I guess we were just lucky" <br />Again after rereading my letter to you dating September 26, 2005, I never said anything about an agreement <br />between us concerning a letter to the County Commissioners. I stated that since both you and Bruce ~ - --- <br />Humphries stated to Jim and myself, that maybe the only problem we would have is with the County <br />Commissioners. I was only trying to get this mess handled by the end of the year. Remember you stated <br />you would like to have it completed by then? I have enclosed a copy of the letter dating September 26, <br />2005 so you may reread it. <br />You stated in your letter that the technical revision was approved, I am not aware of the approval. Did you <br />send anything stating that? <br />I am sure by now you have received the filled out permits. I am waiting on your say so to run the ad in <br />the local newspaper. You will send back to us a signed amendment? <br />Sincerely, <br /> <br />