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ECEIVEr <br />MAY 1 8 2009 <br />Divtsiu„ _-• <br />Mining and ;.>J}aty <br />March 31, 2009 <br />Ms Janet Binns - Reclamation Specialist <br />Colorado Division of Reclamation, Mining & Safety <br />1313 Sherman Street - Room 215 <br />Denver, CO 80203 <br />RE: Loadout Pond - Permanence Request <br />Kerr Loadout Site - Jackson County, Colorado <br />Dear Janet Binns: <br />As landowner of the property located at the former Kerr Loadout Site, south of <br />the town of Walden in Jackson County, Colorado, I request that the small sedimentation <br />pond located on the site and the associated inflow ditch to the pond be retained on a <br />permanent basis. Permanence of the pond will benefit the land use for watering livestock, <br />help support wildlife-and add to the aesthetics of the site. <br />Kerr Coal Company has informed me, by letter copy, that the Corp of Engineers J <br />has no objection of leaving the pond and ditch as a permanent structure(s). <br />If further information is required, please contact me. <br />Sincere y, <br />Douglas Barnett <br />46106 Highway 34 <br />Orchard, CO 80649