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%Q Slittl, <br />7040 W. Hwy. 160 Alamoaa, Go. 81101 (719) 589-6671 <br />January 7, 2010 <br />Mr. Bob Oswald <br />Division of Reclamation, Mining and Safety <br />691 County Road 233, Suite A-2 <br />Durango, CO 81301 <br />(970) 247-5469 <br />RECEIVED <br />JAN 19 2010 <br />Division of Reclamation, <br />Alining and Safety <br />REC <br />FlV <br />/AN EZ) <br />1? <br />DIK on of F'e1d?010 <br />Min ng aRd Saa 77 on <br />, y , <br />RE: Permit No. M-2001-069 Del Norte West Valley Pit VIFC vnA- oa+i OT?- '3Qu ? A ?[I- <br />Dear Bob: <br />We would like to bring you up to date on the south half of the permitted area at the Del Norte <br />Pit. We are enclosing copies of a recharge agreement executed between Asphalt Constructors, <br />Inc. and the Rio Grande Canal Water Users Association allowing them to utilize the area mined <br />as a recharge facility. <br />During the fall of 2009 the Rio Grande Canal Water Users Association installed a diversion ditch <br />into the southwest corner of our pit and filled it with recharge water. Following the introduction of <br />this recharge water the pit was nearly full with water effectively submersing all vegetation <br />established across the pit floor. Depending on the amount of water and frequency it will be <br />difficult to maintain vegetation on the pit floor and the lower portion of the side slopes. The <br />attached drawing shows the location of the new ditch. We surveyed the water elevation around <br />December 15, 2009 and it was about 7.5' below the top of the pit. <br />Our letter dated June 8, 2009 informed you the pit was re-seeded and mining was complete in <br />that area. It does not make sense for us to re-seed the areas that will be subject to recharge <br />water, so it is our intent to simply allow the vegetation to establish above the high water-mark <br />and not re-establish it below that point. <br />In our opinion this area is now reclaimed. We have applied for an amendment to the original <br />permit expanding its boundaries and are hopeful that when you inspect the permit area we can <br />minimize or release our financial security on the reclaimed portion. There is an irrigation ditch <br />that separates the reclaimed portion from the rest of the affected area. We will use the irrigation <br />ditch alignment as our new southern boundary, once the release is approved. <br />If additional information is needed, please feel free to contact me at your convenience. <br />Sincerely, <br />ASPHALT CONSTRUCTORS, INC. <br />By: <br />Todd A. Stockebrand, President <br />AN EQUAL OPPORTUNITY EMPLOYER