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Greg Lewicki And Associates <br />11541 Warrington Court <br />Parker, CO USA 80138 <br />May 12, 2011 <br />Phone: (303) 346-5196 Fax (303)-346-6934 <br />E-Mail: info@lewicki.biz <br />Sandra Brown <br />Colo. Division of Reclamation, Mining, and Safety <br />1313 Sherman Street, Rm 215 <br />Denver, CO 80308 <br />Q Y ew( <br />3 2p'?1 <br />sate'N <br />M? .\\,\14 end <br />RE: SL-12 Phase 3 Irrigated Pasture Area - Use of Reference Area for Standard <br />The Phase 3 Irrigated Pasture (IP) area contained within the SL-12 bond release application has been <br />noted by the Division of Reclamation, Mining, and Safety of being a cause for concern due to the <br />comparison to a reference area for cover and production as opposed to the old technical standard. WFC <br />used the reference area as the point of comparison for a number of reasons, all of which are elaborated <br />on in the following pages. <br />In addition to the reasons laid out in this document, WFC and GLA have assembled a significant <br />amount of correspondence between DRMS and WFC regarding the IP reference area. This <br />correspondence shows that, during the vegetation studies conducted in 2007 and 2008, all parties were <br />aware that they would be compared to the IP reference area, once it was approved. The documents also <br />show that DRMS emphasized to WFC that the time of bond release application was what determined <br />the reclamation standard, not the time of the vegetation studies. <br />Sincerely, <br />(?t ?". <br />CC: Ross Gubka <br />CC: Chris Kamper <br />CC: Dave Berry <br />Greg Lewicki, P. E. <br />Greg Lewicki and Associates <br />