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AUG-08-2008 08:06AM FROM-DIU RECLAMATION MINING & SAFETY +3038328106 T-230 P.004/007 F-111 <br />Law offices of <br />Luke 1. Danielson 106 westTomichi Avenue, Suite D Gunnison, Colorado 81230 USA <br />- -- Attorneys at Law (970) 641-4605 fay: (970) 641-4439 lukec?ldanielsonlavr.[om <br />Luke J. Danielson " <br />Iukegidanielsonlaw.com <br />Julie N. Richards <br />julie®Idanielsonlaw.tom <br />Mr. Ron Cattany <br />Director <br />Colorado Division of Reclamation, Mining :& Safety <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />BY EXPRESS <br />August 5, 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 clearthat there have been no operations for over ten <br />years <br />The pit has a 7 985 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 tunes, <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 administ?ative 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 />operatorthat 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 />RECYCLED PAM