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Ducray Pit#2; Permit#:M-2019-035; Operator/Applicant Martinez Western Constructors, Inc. <br /> Mary Ann Sink Trust, Mary Ann Sink Trustee <br /> Mailing Address: Location of property: <br /> 597 Ravenwood Lane 60122 1/2 Road <br /> Grand Junction, Colorado 81507 Grand Junction, Colorado <br /> July 14, 2019 RECEIVED <br /> TO: Colorado Division of Reclamation, Mining and Safety JUL 16 201g <br /> 1313 Sherman Street, Room 215 <br /> Denver, Colorado 80203 D(VM"OF RECLAMATION <br /> MIMING AND SAFETY <br /> Regarding: )Y qll yn4p6lptCS <br /> Permit: M-2019-035; Ducray Pit #2 (580 22 1/2 Road) <br /> Operator/Applicant: Martinez Western Constructors, Inc. ®" <br /> &All Enforcement Actions Associated with File #: M-2018-018 <br /> Subject: Comments <br /> Extraction from the subject pit encroached on the Mary Ann Sink Trust <br /> property on the West side causing some sliding and fence damage. <br /> Sliding occurred when the operator performed some leveling on <br /> October 30, 2019. The Surety-Related Inspection of April 9, 2019, by the <br /> Division of Reclamation, Mining, and Safety (Division) confirmed <br /> encroachment in "Photo ten: Remaining grading in NW corner of <br /> affected lands, required backfill". Fence damage has occurred in this <br /> same area due to the in stable slope created by the encroachment. The <br /> Mary Ann Sink Trust is the surface and mineral owner of 60122 1/2 <br /> Road. <br /> The Mary Ann Sink Trust hired a surveyor who confirmed the property <br /> line. The Mary Ann Sink Trust fence was adjusted to clearly mark the <br /> property line and discourage additional encroachment. The damaged <br /> section of fence was not changed. The Mary Ann Sink Trust notified <br /> Martinez Western Constructors by letter of June 3, 2019, of impacts to <br /> the 60122 1/2 Road property that needed remedy. See Attachment A <br /> with copy of Certified Mail Delivery date of June 10, 2019, at 9:04 AM. <br /> The applicant has not contacted the Mary Ann Sink Trust regarding the <br /> request for how it plans to remedy the impacts. <br /> The Division's letter of June 19, 2019,-;to the applicant stated, "The <br /> Division has also identified the following issue(s) of concern that shall <br /> be adequately addressed before the application can be considered for <br /> (Page 1 of 21) Comments &Attachments from Mary Ann Sink Trust; 601 22 '/2 Road <br />