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�'3 <br />AIBfRf FIIEI &SONS <br />October 6, 2015 <br />Division of Reclamation, Mining & Safety <br />Mr. Tyler O'Donnell <br />1313 Sherman St, Room #215 <br />Denver, CO 80203 <br />Dear Mr. O'Donnell; <br />RE: Albert Frei and Sons, Inc. - Priola Pit <br />M.L.R.B. Permit # M-2007-087 <br />Reclamation start extension request <br />P.O, 80X 700 <br />HENDERSON, CO 80640 <br />(303)289-1837 <br />(303) 289-2866 FAX <br />DECLIVED <br />OCT 0 9 2015 <br />DIVISION OF -"t AWTIop <br />MINING MD SAFE -j', <br />This letter is a formal request to obtain an extension for commencing and <br />completing reclamation at the referenced mine. In the approved Reclamation Plan <br />we stated that it may take 5 years or more years after mining ended to complete <br />filling the mined area so reclamation could begin. We were on time to complete <br />filling within this time schedule until the land owner CAP Land, Inc. (CAP) <br />requested slope changes and additional filling over what was required in the <br />approved permit. CAP then disputed our activities and forbid us from continuing <br />operations and filed a complaint with the Division of Reclamation, Mining & <br />Safety. After the mine inspection by the Division on 12/19/2014, CAP refused us <br />entry to the mine to complete reclamation. Although we attempted to resolve the <br />dispute through negotiations, we were not successful and CAP filed a lawsuit <br />against us, copy attached. <br />If we had been able to complete grading and shaping the site would have <br />been seeded this year and the 5 year reclamation phase as outlined in Rule 3.1.3 <br />would have started. Because of the dispute and the lawsuit, we are unable to <br />9W <br />