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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />July 12, 2011 <br />Gayle Lyman <br />Elam Construction, Inc. <br />556 Struthers Ave <br />Grand Junction, CO 81501 <br />Re: Vagneur Pit, Permit No. M- 1980 -085, Topsoil Berm Reconfiguration. <br />Dear Mr. Lyman, <br />On July 11, 2011 Elam Construction consulted with the Division of Reclamation, Mining, and Safety <br />(Division) regarding the reconfiguration of a section of the topsoil berm. The location of the <br />reconfiguration is noted along the east side where Phase 1 and 2 meet. The purpose of the <br />reconfiguration is to provide access to the well for the project in Phase 2 through the berms approved in <br />Phase 1. <br />After review of the proposed reconfiguration and the approved plans for the site the Division has <br />determined that a Technical Revision is not required. The length and design of the reconfiguration is <br />minimal and is still within the basic footprint of the approved plans for both phases. Since 400 feet of <br />berm has not been constructed as approved and the overall length is approximately 150 to 200 feet no <br />adjustment to the reclamation liability is warranted. Therefore, Elam may proceed at its discretion with <br />the project. <br />If you need additional information please contact me at the Division of Reclamation, Mining and Safety, <br />Grand Junction Field Office, 101 S. 3rd St., Suite 301, Grand Junction, Colorado 81501, or by telephone <br />no. 970.241.1117. <br />Sincerely, <br />Mined Land Reclamation <br />G. Russe I Means <br />Environmental Protection Specialist II <br />STATE OF COLOR <br />R CE V <br />JUL 13 2011 <br />Division of Reclamation, <br />Mining and Safety <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pifieda <br />Director <br />Office of Office of <br />Denver • Grand Junction • Durango fictive and Inactive Mines <br />