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October 27, 2011 <br />v6r. Jared Ebert <br />Environmental Protection Specialist <br />Department of Natural Resources <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: Hall -Irwin Corporation's Bernhard Resource, Permit # M-2002-120 <br />.goof of SE0 Approval and Removal of Stipulation 3 <br />Dear Mr. Ebert: <br />On behalf of Hall -Irwin Corporation, we respectfully submit proof that the Office of the State Engineer has <br />certified the slurry wall for Pond 2. Please refer to the attached letter for details. <br />In addition, enclosed please find two letters from the United States Fish and Wildlife Service indicating that the <br />mining project will not adversely affect the Preble's meadow jumping mouse, bald eagle or Ute ladies'- tresses <br />orchid. These letters satisfy permit stipulation number 3: The operator shall not mine outside of pod 1 until they <br />prove to the satisfaction of the DRMS that the mine plan has clearance through the U.S. Fish and Wildlife <br />Service. <br />Please contact me if you have any questions at 303.884.4850 or danna@frii.com. <br />Sincerely, <br />PLANIT, LLC <br />Danna Ortiz <br />Natural Resources Planner <br />728 Cheyenne Drive - Fort Collins. CO 80525 - 303.884.4850 - www. lanit.ws <br />