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ALBERT <br />FRET & SONS <br />P.O. BOX 700 <br />HENDERSON, CO 80640 <br />(303) 289-1837 <br />(303) 289-2865 FAX <br />RECEIVED <br />-DEC 15 2008 <br />Division of Reclamation, <br />ID Mining and Safety <br />December 11, 2008 <br />Mr. Jared Ebert <br />Division of Reclamation, Mining & Safety <br />1313 Sherman St, Suite 215 <br />Denver CO 80203 <br />Dear Jared; <br />RE: Albert Frei.and Sons, Inc. <br />Worthing Pit M-1977-526,/ <br />0/22/08 Inspection Report <br />Albert Frei and Sons, Inc., decided that the best course of <br />action to resolve Corrective actions #1 concerning the distur- <br />bance along the line between Grace Russell/S.H. "Bud" Scott <br />(Scott) and ourselves was to backfill the area adjacent to the <br />fence as we committed to in our revised reclamation plan. The <br />reclamation plan calls for backfilling the area south of the <br />Scott property to the same level as Brighton Road on the east. <br />In doing this we are not admitting any guilt only trying to solve <br />a problem as perceived by the land conditions present at the time <br />of the inspection. <br />We have include 3 pages of photos showing the pre and post <br />fill conditions along this line. We maintain that the distur- <br />bance along this line took place pre-permitting and may have been <br />this way for many years before we added it to our permit in 2004. <br />The 2004 air photo shows the area being disturbed before we <br />disturbed anything in the south area. Our records indicate that <br />the west..corner of the property/permit line lies some where <br />between the 2 box trailers and the flatbed trailer shown in Photo <br />#2.. This puts the fence line approximately 20 feet inside the <br />permit area.