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DAVID C. VIGIL REcFi vea <br /> ATTORNEY AND COUNSELOR AT LAW <br /> 7854 S.ALGONQUTAN WAY e �??019 <br /> AURORA,COLORADO 80016 <br /> DAVID C.VIGIL (303)523-4147 <br /> February 8, 2019 <br /> Colorado Division of Reclamation, Mining and Safety <br /> 1313 N Sherman St . Ste. 215 <br /> Denver, CO 80203 <br /> Re: Robinson Sons Gravel Pit No. 1, M-2008-070 <br /> Gentlemen: <br /> I received the enclosed waiver required by your office to be sent to <br /> property owners within 200 feet of a proposed area to be disturbed by <br /> activity regulated by your agency. As you will note, the document <br /> refers to "Powerline" and "Power poles" within 200 feet of the <br /> proposed disturbed area, neither of which belong to me, so far as I <br /> know, as I would guess that these endangered elements relate to <br /> electrical transmission and power and belong to the provider of that <br /> service. <br /> Furthermore, the document has no contact telephone number for its <br /> sender, is not signed or notarized, contains no named "structure <br /> owner" to be compensated for any damage and states no "Applicant" or <br /> "Representative Name. " <br /> I contacted the engineer named in the notice by telephone in late <br /> December or early January, but did not hear back from him. I called <br /> again yesterday and spoke with him and told him that the notice was <br /> inadequate for the reasons stated above. I also told him that I own <br /> the fences on the North side of my property, which are adjacent to the <br /> Robinson Sons gravel pit and that the integrity and preservation of <br /> those fences are my primary concern. He advised me that he had been <br /> trying to contact Robinson Sons since my earlier call, but was not <br /> meeting with success . <br /> My concern regarding the safety and integrity of my fences is well <br /> known to Robinson Sons, since we recently concluded very costly <br /> litigation with them over their having buried our fence under mining <br /> tailings and detritus through their gravel mining operation, of which <br /> I have previously notified you. While the fences were restored and <br /> some damages paid us for the earlier burial, we were not made whole <br /> for our attorneys fees incurred in protecting our fences and property. <br /> I do not want to face the prospect of further litigation over this <br /> mining operation. <br /> I believe that this waiver form is not used here as contemplated by <br /> your agency and that you should intervene with Robinson Sons to <br />