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February 28, 2012 <br />Mr. Bob Oswald <br />Colorado Division of Reclamation, Mining and Safety <br />691 County Road 233 Room A2 <br />Durango, CO 81301 <br />970 -247 -5193 <br />RE: ORourke Pit north of Del Norte <br />Dear Mr. Oswald; <br />Thomas O'Rourke <br />O'Raurke Excavating, Inc. <br />2489 CR 15 <br />South Fork, CO 81154 <br />719 -580 -9602 <br />MAR z 20M2 <br />klb ff'p-miT- <br />We have retained Russell Surveyors (Dan Russell) to work with us on our application for <br />a 110 Reclamation Permit. He spoke to you Monday of this week regarding our pending <br />application and an issue concerning the stockpiling of "potato rock" on the 10 acre site <br />that is the subject of the application. <br />We have been approached by a farmer to remove stockpiled potato rock from a field and <br />possibly from a warehouse. This material is not from an excavation but has been gathered <br />over many years as part of the waste product of a farming operation. The rock is <br />stockpiles above natural grade, the removal will not involve any excavation below natural <br />grade and will return the encumbered ground to productive ag service. We intend to start <br />trucking this material to the site next week but want to be sure that it does not imperial <br />our application or violate any provisions. It is our understanding that such stockpiling is <br />currently allowed and that until a permit is issued, such an activity falls outside the <br />jurisdiction of the Division. <br />Do we need any type of permit to stockpile this material on the property that is the <br />subject of this 110 application? We would not begin any type of processing prior to the <br />approval and issuance of the Reclamation Permit. <br />Also included with this letter is our application of the 110 permit. Your assistance in this <br />matter is greatly appreciated. We are having some difficulty scheduling a crusher to <br />develop road base for us and are finding that time has unfortunately become problematic. <br />Best regards, <br />RECEIVED <br />Thomas O'Rourke <br />President MAR 0 2012 <br />Division of Reclamation, <br />Mining & Safety <br />