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08/07/2008 15:11 Law Office of Luke J Danielson (FAX)970 641 4439 P. 004/006 <br />'This was a follow-up inspection to the 9-7-2006 inspection where the <br />lack of permit boundary markers was noted as a problem.... The affected <br />area boundary markers were not observed. However, Mr. Hallenbeck <br />indicated he was going to perform final reclamation an the site. If final <br />reclamation is initiated by-September 12, 2007 and continues until <br />completed, the markers need not be installed.'... Failure to either initiate <br />this matter being scheduled for an enforcement action hearing....." <br />(emphasis supplied). See exhibit A. <br />This pit has not been operated in many years. Neither has it been reclaimed. Much of the area is largely <br />denuded of vegetation, and there has simply been no effort to reclaim the site. For your convenience, <br />please let me summarize the history of inactivity at the Hallenbeck Mine: <br />NO OPERATION5 IN 1999 <br />In the annual report shown as received on' February 9, 2000. Mr. Hallenbeck states that "no work was <br />done in this pit in 1999." See exhibit B. This is confirmed in his response to the Final Notice dated June <br />9, 2000 where he again states "no mining -was done in 1999 on this permit." See exhibit C. <br />2000 <br />We find no annual report in the Division's`files for this year. Pssuming that this is because there aren't <br />any, and that they weren't submitted, there is nothing contrary to the anecdotal evidence that the pit <br />did not operate during that period. <br />NO OPERATIONS IN 2001 <br />In response to Annual Fee and Report Request dated May 6, 2002, Mr. Hallenbeck states, "No work was <br />done in the pit in 2001." See exhibit 1. <br />NO OPERATIONS IN 2003 <br />In response -to Final Notice dated June 7, 2004, Mr. Hollenbeek states, "1 have not worked the pit, it is the <br />some as lost year," indicating that there were no operations ih either 2003 or 2004. See exhibit D. <br />NO OPERATIONS IN 2004 <br />In a handwritten note received by the Division of Minerals onlAugust 1, 2005, Mr. Hallenbeck states "no <br />mining operations in 2004 in Hallenbeck pit no. M-1985-013." See exhibit E. <br />NO OPERATIONS IN 2005 <br />In a handwritten note received by the Division of Reclamat*, Mining and Safety on September 13, <br />2006 states, "the pit is the some as lost year, no work done in fit," indicating that no operations took <br />place in 2005 or 2006. See exhibit F.