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February 13, 2011 Harry C. and Susan O. Brown 19 Backiel Drive Stewartstown, NH 03576 603-237-5716 Karr cbr ,worldpath.net Mr. Dustin Czapla Colorado Division of Reclamation, Mining, and Safety Room 301 101 South P Street Grand Junction, CO 81501 RECEIVED FEB 14 2011 GRAND JUNCTION FIELD OFFICE RECLAMATION MIN NG & SAFETy Ref: Permit #:M1976051 Bettger Pit (Section 4, Township 6 North, Range 85 west of Prime Meridian, Routt County, State of Colorado) Dear Mr. Czapla, This letter is in response to a certified letter we received in early January stating "Public Notice" and explaining that our abutter was applying to expand the "Bettger PIT" boundaries by 22 acres and to be allowed to operate from June 1, 2011 to May 30, 2023. Our properties legal description is N2SE4, PT of S2SE4 Sec 5-6-85 and encompasses 111.46 acres. The physical address is 26210 US Highway 40, Steamboat Springs, Colorado. This letter is an objection to the expansion of and continuation of the Bettger Pit. Our overall concern is that the gravel pit has, and will continue to, affect the ability of our well to produce the water that Duckel had agreed with the then owner of our property, Gary A. Kline, in an agreement (attached as Exhibit A) dated May 25, 1990. My understanding is that this agreement was a direct result of a specific condition of permit #PP1986-003 that stated its approval was "...contingent upon the affected parties reaching an agreement to protect their water rights". The following is a summary of the key points of that agreement: • said agreement was caused because "the gravel pit operation has interfered with the water supply to the Landowner's water well on the property." • "the Contractor (Duckels) shall install and complete a new water well." • "the depth of the water of the water well shall exceed the depth of the Contractors anticipated gravel pit excavation on the adjoining property by at least six feet and shall have a minimum depth of thirty feet." • "concrete casing shall be installed by the contractor with a forty-eight inch minimum interior diameter. From a depth of eighteen feet to the bottom of the well the casing shall be perforated and from a depth of eighteen feet to the surface the casing shall be n6n-perforated. The contractor shall back-fill around the concrete casing with washed or screened rock from the bottom of the well to at least the eighteen feet depth level."