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Division of Reclamation, <br />Mining and Safety <br />July 11, 2011 <br />Mr. Russ Means <br />Colorado Division of Reclamation, Mining & Safety JUL 1 3 2011 <br />101 South 3 St., Room 301 GRAND JUNG`. IUi"v" r IECD OFFICE <br />DIVISION OF <br />Grand Junction, CO 81501 RECLAMATION MINING & SAFETY <br />RE: Vagneur Pit, M- 1980 -085. Topsoil Berm. <br />Russ, <br />As we discussed this morning, Elam Construction is planning on extending the existing topsoil berm at the <br />northeastern part of the Phase 1 mining area. The general area is where the access road divides and goes <br />around the east side of Phase 2 and down the hill side to the well. This topsoil berm is shown on Exhibit C of the <br />Amended Regular 112 Reclamation Permit submitted and approved in 1999. <br />I have enclosed a copy of Exhibit C identifying the proposed berm location. You will note that there is <br />approximately 400 feet of berm identified on the Mining Map as not previously constructed. I have also <br />identified on the map the approximate layout of the berm alignment. Although the configuration of the berm <br />varies slightly, the overall purpose of the berm remains the same. The berm will be constructed and seeded in <br />accordance with the existing Phase 1 Mining Plan. Elam is constructing the berm as indicated on the attached <br />map as a proactive approach for noise abatement and which will allow for continued vehicle access to the <br />existing roads. <br />It is my understanding that this minor change in the topsoil berm configuration will not require a Technical <br />Revision to our Permit. Please me at (970) 242 -5370 if you have any questions. <br />Sincerely, <br />Gayle,$ an <br />Property Division Manager <br />Elam Construction, Inc. <br />enclosure <br />RECEIV <br />CONSTRUCTION, INC. <br />JUL 2 2 2011 <br />556 Struthers Avenue <br />Grand Junction, CO 81501 -3826 <br />(970) 242 -5370 Fax (970) 245 -7716 <br />RECEIVED <br />60/ti <br />