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08/07/2008 15:11 Law Office of Luke J Danielson (FAX)970 641 4439 P.003/006 <br />Law Offices of <br />Luke J. Danielson 108 WestT'omichi Avenue, Suite D Gunnison, Colorado 81230 USA <br />-- AitOl'IICyS at Law (970) 64.1-4605 iar (970) 641-41.39 Juice@lclanielsonlawcom <br />Luke J. Danielson <br />luke@idanielsonlaw.com <br />Julie N. Richards <br />julie@Idanielsonlaw.com <br />Mr. Ron Cattany <br />Director <br />Colorado Division of Reclamation, Mining:& Safety <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />8y EXPRESS <br />August 6, 2008 <br />RE: Hallenbeck Pit, Gunnison County;; Permit M-1985-023 <br />Dear Ron, and Members of the Mined Land Reclamation Board: <br />We represent Scott Yates. Mr. Yates owns property directly adjacent to the land affected under the <br />permit. Contrary to statutory provisions, this nonoperational mine has been allowed sit without <br />reclamation taking place for years. It seems very clear that there have been no operations for over ten <br />years. <br />The pit has a 1985 limited impact operations permit. The application for this permit estimated the life of <br />the mine at 10 years. Since the application, the reclamation plan has been expanded several times, <br />requiring the posting of higher financial warranties; however, no reclamation activity has ever seemed <br />to take place. <br />There have been numerous technical violations and administrative problems in connection with this <br />permit, the latest of which is the Division's Final Notice letter; dated June 2, 2008, informing the <br />operator that a Notice of Violation and Cease and Desist Order would issue if the annual report was not <br />filed and the fee not paid. <br />Last year; there was a problem with boundary markers. On July 25, 2007, state inspector Steve Shuey <br />stated: <br />&I RECYCLED PAPER.