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? ie <br />JOHNSON & REPum LLP <br />Ii be lp 0 5 ee,? G round?e ce. '? <br />BOULDER <br />WINTER PARK <br />RECEIVED <br />APR 2 9 L10 <br />Division of Hecht-100? <br />Mining & Saf4y <br />Denver, <br />Re: Freund Pit Running Creek Ranch, Permit No. ,,1985003 <br />ATTORNEYS AND COUNSELORS AT LAw <br /> 2521 BROADWAY, SUITE A <br /> BOULDER, COLORADO 80304 <br /> TELEPHONE 303.442-1900 <br />Stephen C. Larson TELEPAx 303-442-0191 <br />sclarson@j-rlaw.com www.j-rlaw.com <br /> April 28, 2011 <br />Tony Waldron <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />CO 80203 <br />Dear Mr. Waldron: <br />I am writing to follow-up my telephone conversation with you on April 22, 2011 <br />regarding the above-referenced gravel pit ("Freund Pit") and your letter to Running Creek Ranch <br />dated April 30, 2010. Your letter states that the Freund Pit is not in compliance with Colorado <br />water law in regard to replacement of depletions from sand and gravel mining, and requests that <br />Running Creek Ranch contact you before April 30, 2011 to agree upon a plan for bringing the <br />Freund Pit into compliance. <br />I am writing to confirm that (a) during our phone conference of April 22, 2011, we did in <br />fact agree upon a plan for bringing the Freund Pit into compliance and (b) the plan we agreed <br />upon was to file for Division 1 Water Court approval of an augmentation plan to replace the <br />depletions arising from the post-1980 Freund Pit surface area; and to apply for a well permit for <br />the Freund Pit upon receipt of the decree for the augmentation plan. These options are set forth <br />on page 2 of your letter as options No. 2 and 4. We also agreed that I would send you a copy of <br />the water court application once it is filed, and also provide you with a copy of the final decree. <br />It is our intention to try to have the water court case filed by the end of May 2011, but in any <br />event, by the end of June, 2011. <br />It is my understanding, in light of the foregoing, that Running Creek Ranch has complied <br />with the requirements of your April 30, 2010 letter. If your understanding of any of the above is <br />not consistent with mine, please let me know as soon as possible. If we do not hear back from <br />you in that regard, we will proceed to finalize the engineering and legal work necessary to file <br />the above-described water court application, within the time frames also discussed. <br /> <br />cc: <br />Phil Pasion <br />Jim Hyre <br />{00145612 /1 }