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James A. Gustafson <br />Attor"ey and Counselor of Law <br />1010 9th Avenue, P.O. Box 1417 <br />Greeley, Colorado 80632 <br />970,356.8200 or 970-336-8201 <br />FAX 356.2202 March 29, 2011 <br />Colorado Department of Natural. Resources <br />:Division of Reclamation Mining and Safety <br />1313 Sherman Street, Room, 2715 <br />Denver, Colorado 80203 <br />Facsimile: (303) 832-8106 <br />Re: Dur,;hamn. Sand b& (ravei Pit <br />Secs. 3, 9, and 10, Twp. 5 N., Rng. 65 W. of the 6"' P.M., Weld County, Colorado <br />Dear Specialist Peter Hays: <br />On March 29, 2011,1: contacted Michael Cunningham to discuss a problem, Rich Huff has had <br />with the ability to pump McNamara Well ##2, Well No. 23048F, located ,in the SW 1/4 of the NW IA <br />Sec. 10, Twp. 5 N., Rag. 65 W. of the 6" P.M., Weld County, Colorado. This well was decreed as an <br />exempt well on Febtuamy 17, 2006, by Water Judge Roger Klein. My client advised ire that bi.s water <br />table level at that time was approximately 14 feet below ground level. In 2004-2005, he was approached <br />by Varxa Companies, Inc. to ask permission, to install a well for its concrete operations and because its <br />sand and gravel operation was within 600 feet of his exempt well. My client had no problem, utilizing <br />his well until two years ago. Two year ago, he was able to obtain water from his well on two occasi.on..s. <br />During 2010, he was not able to get any water from his well. <br />Y am making this request on behalf of Rich Huff, whose address is 1511 E. 16th Street, Greeley, <br />Colorado 80631, (970) 381-0469 (cell), for you to contact him in the near. fixture to determine whether <br />a groundwater monitoring site was put in place in these pits of Varra Companies, to determine if it. ,l as <br />collected data to ensure that nearby wells are .not injured, and to review their de-watering process, My <br />client would like this situation. rem.edi,edpriorto the inigation, season in 2011, which is fast approaching. <br />Please confine receipt of this letter and to advise me when. you will be in contact with my client. I ar..n <br />hoping that he .receives some kind of communication from you within the next 15 days. <br />Thank you for your immediate attention to this concern. <br />A. Gustafson. <br />J G:mkI <br />cc: Mr. Rich duff