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~ M~S~-s ~'~~ ; ~y~ ~~~ State of Colorado Division Of Natural Resources Department of Mineral and Geology 1313 Sherman St. ~ ~:~,-.~ JUG 18 ?005 thb/810q of h1ir.~r.;. . Denver, Colo. Attn: Mr. Carl Mount, Mr. Gregg Squire and Mr. Joe Intermill ~_ - °----Dear=Sirs:-- -- _- -- -_°Y---- -- - -- - -- --- - I am writing you this letter in regard to the mining permit No. M-86-074 located on my property in Logan County. Due to Mr. Squire's upcoming retirement and his familiarity with this situation it is my hope that we can address this prior to his departure. I am requesting that clarification could be reached about the reclamation responsibilities regarding the Dollerschell site. When I purchased the land that the permit is located on from my grandmother's estate, an existing permit held by Don Kehn Construction was in place. Upon my attempts to communicate with Mr. Kehn about the gravel pit and his plans for use/reclamation he informed me that his intentions were to commence a legal suit against my grandmother's estate, which would force our family to pay for all of the reclamation costs. Ilis position was that members of our family had extracted gravel from his permitted azea without his permission. I cannot comment on his allegations because I was not present during that time frame, however, I have established through the family that any amounts removed were minimal. My personal opinion is that he never intended on reclaiming the site. Regazdless of the pazticulazs, basically Mr. Kehn's position was that either I accept transfer of the mining permit with applicable responsibilities or he was going to sue my 75-year-old mother and her elderly sisters. Obviously this was not what I intended when I considered purchasing the property for my personal residence site, buTat the time it appeared to be the least troublesome approach to the matter. At that time I was communicating with Joe Intennill and we had discussed some of the issues present on my site and the site of the gravel pit leased and permitted to the State of Colorado. Of primary concern with regard to reclamation is the absence of stockpiled overburden and land restrictions allowing for 33°1o slope. Don Kehn Construction did not stockpile the necessary overburden to accomplish the reclamation. In order to comply with the specifications I have received describing slope ratios and reclamation requirements, this situation would require a great deal of material to be imported for this purpose. Basically, it would be impractical and unreasonably expensive to comply with the requirements, as I understand them. Considering that a much larger site, which exists only a couple hundred yards from my site and was permitted by The State of Colorado Dept. of Transportation, has not been reclaimed to these standards whatsoever, perhaps the same considerations can be applied to my site. It only seems fair. The topography of both of these areas would simply be better left as is rather than be reclaimed. / 'I "