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405686 Co. Rd. 21 <br /> Haxtun, CO 80731 <br /> December 16, 2018 <br /> Mrs. Marion Warren <br /> 4875 S. Monaco Street, Apt#601 <br /> Denver, CO 80237-3479 <br /> Dear Mrs. Warren, <br /> Rick Ensminger has asked me to address sand and gravel and how they are viewed in relation to <br /> mineral interests. <br /> I am the county administrator/county planner for Phillips County. In that role and as a private <br /> consultant, I have made over 75 applications for the county and many private individuals in <br /> eastern Colorado over the last thirty years. <br /> The facts for this application are that Rick and Barb Ensminger are the landowners of the N1/2 of <br /> Section 31, T7N, R47W in Phillips County, Colorado. Rick operates a gravel pit along the creek <br /> through that half-section and have made application to the Colorado Division of Reclamation, <br /> Mining and Safety Board to enlarge the boundaries of the existing gravel pit. <br /> On Mr. Ensminger's behalf, I received your comment that you own 50 percent of the minerals <br /> but have no signed lease and have not been receiving a royalty. The landman who helps you with <br /> your oil and gas interests called and indicated, in his opinion, that sand and gravel are minerals. <br /> Based on my experience and on research of Colorado and federal law, sand and gravel have not <br /> been determined to be part of mineral interests unless they are specifically cited in the <br /> reservation. <br /> While a number of the applications I have submitted over the years have had mineral interest <br /> holders, none of them have ever claimed that sand and gravel were part of their claim. <br /> Research on the issue in relevant Colorado and federal case law indicates that sand and gravel <br /> are not minerals. Your reservation stipulates "all oil, gas, and other minerals." Colorado case <br />