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6343 West 120th Avenue <br />Suite 220 <br />the Law Office ofJoseph R King Broom,/iek CO 80020 <br />f 6 <br />Cv- r <br />January 16, 2009 <br />V, <br />Tony Waldron <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 205 <br />Denver, CO 80203 <br />Re: Unpermitted Mining Operations <br />Dear Mr. Waldron: <br />TEL: 303-327-6675, FAX.' 303-327-6677 <br />RECEIVED <br />AN 19 2009 <br />Division of Reclamation, <br />Mining and Safety <br />I represent Darwin and Doug Derr, and their mining operation, Broken Arrow. As you know, <br />Broken Arrow is in the final stages of obtaining a permit and opening a gravel pit in Weld <br />County, just east of the City of Greeley. <br />The Derrs have recently become aware of what appears to be mining activity on the parcel of <br />land immediately south of their proposed mine location. Specifically, it appears that there has <br />been mining activity on the parcel of land located in the northeast corner of the intersection of <br />East 8t' Street and Balsam located just east of Greeley, CO. This is immediately south of the <br />Derr pit. The Derrs, as land owners adjacent to this parcel, have not received notice of any <br />application on part of the property owner or any proposed operator to open a gravel pit, or to <br />pursue a mining operation. Without the necessary notices and permits, it appears that this recent <br />activity would violate the regulations established by the Division of Reclamation, Mining and <br />Safety. <br />My clients will appreciate your efforts to investigate this activity and to ensure that any operation <br />on this property is pursued only consistent with established rules and regulations of your <br />division. <br />Please call me if you have any questions regarding my clients' position on this matter. <br />Sincerely, <br />I <br />Joseph R. King