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W C) I <br />RPM, Inc. <br />March 4, 2011 <br />RECEIVED <br />Division of Reclamation, Mining and Safety MAR 0' 7 2011 <br />Attn: Dustin Czapala <br />d GRAND JUNCTION HELD OFFICE <br />101 South 3`, Suite 301 DMSION OF <br />Grand Junction, CO 81501 RECLAMATION MINING A SAFETY <br />RE: Duckels Construction Adequacy Response to the DRMS Adequacy Letter Dated <br />2/15/2011. <br />Dear Mr. Czapla: <br />This is in response to the DRMS Adequacy letter for the Bettger Pit Permit Amendment. In that <br />letter, Mr. and Mrs. Brown state Duckels Construction has not fulfilled the Agreement between <br />Duckels Construction and the Browns. The Agreement was signed when Mr. Kline who owned <br />the property. They claim the Agreement transferred with the sale of the property from Mr. Kline <br />to the Browns. They would like the DRMS and Mined Land Reclamation Board to deny the <br />amendment application and require Duckles Construction to perform on the requirements of the <br />original Kline/Duckels Agreement. They state the gravel pit has and will continue to affect their <br />domestic water well production. (The well number is not stated in the Brown's comment letter. <br />We believe they are referring to domestic wells, permit numbers 162892 and 162528, the new <br />wells drilled by Duckels Construction.) They say the Agreement was a direct result of a specific <br />condition placed on permit #PP1986-033. The Brown letter states, "...The present well is only <br />17 feet deep...". <br />We believe their claim before the Division and the Mined Land Reclamation Board is not within <br />the jurisdiction of the DRMS, nor the Mined Land Reclamation Board (MLRB) for the following <br />reasons: <br />• The wells in question are more than 1360feet from the closest point (south west corner) <br />of the proposed Bettger Pit expansion boundary. The wells are not structures within 200 <br />feet of the proposed affected area. In fact, they lie greater than 200 feet from the nearest <br />Bettger Pit permit boundary, directly east of the wells. <br />• The Browns mention the agreement was the direct result of a permit condition to permit <br />#PP1986-003. A search of the DRMS permit files (on-line) does not show a DRMS <br />mining permit or prospecting Notice of Intent with that number. This may be a different <br />agency's permit number. If it is a different agency's permit number, it is our <br />understanding the Board and DRMS are prevented from enforcing against other agencies <br />1