2019-03-08_GENERAL DOCUMENTS - M2008076

• Permit No: M2008076
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 3/8/2019
• Doc Name: Comment
• From: David Vigil
• To: DRMS
• Email Name: JLE
• Media Type: D
• Archive: No

1,
DAVID C. VIGIL MAR 0 8 2019
ATTORNEY AND COUNSELOR AT LAW DPASION OF RECLAMATION
MINING AND SAFETY
7854 S.ALGONQUTAN WAY
AURORA,COLORADO 80016
DAVID C.VIGIL [phone]
March 3, 2019
Colorado Division of Reclamation, Mining and Safety
1313 N Sherman St . Ste. 215
Denver, CO 80203
Att'n. : Jared Ebert
Re: Robinson Sons Gravel Pit No. l, M-2008-076
Dear Mr. Ebert :
In response to your letter of February 27, 2019, the maps which you
have been provided by Robinson Sons, Inc. , correctly represent that my
sister and I are the owners of the fencing on the west side of our
property, but incorrectly and falsely claims that they own the fence
on the north boundary of our properties.
To the best of my recollection, the claim that you assert in your
letter that the Robinsons now make is the first notice that I have
ever received that Robinsons have ever made claim that the north
boundary fence between our properties is theirs . I had made complaint
to your Division of Mining and Reclamation in August of 2016 with
regard to Robinsons having buried our north fence line with detritus
from their gravel mining operation and continued communications in
that matter with Amy Eschberger of your Division.
I enclose a certified and recorded copy of the Stipulation for
Settlement and the Stipulated Agreed Judgment entered by the Las
Animas County, Colorado, District Court in the litigation between
ourselves and the Robinsons, of which I have highlighted portions
evidencing that our property was fenced and Robinson' s was unfenced
and that they were to restore our fence, which they had buried with
detritus from their gravel mining operation, to its original location
and condition or pay us the cost of having that job completed.
I also enclose photocopies of photos of the fence which I took and
which were to be put in evidence at trial to establish that the fence
belongs to myself and my sister. The photos were taken from our side
of the fence, looking northeast, with our property on the right side
of the photos and theirs on the left . As you can see in the photos,
the remaining fence posts are old, cedar stake posts, which have not
been commonly used since prior to the early 1950 ' s when steel stake
fence posts became common and available. The fence wire is on the
outside of the posts from our property, which is the custom and