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597 Ravenwood Lane <br /> Grand Junction, Colorado 81507 <br /> June 3, 2019 <br /> To: Paul Martinez, Vice President <br /> Martinez Western Constructors <br /> 718 Railroad Avenue <br /> Rifle, Colorado 81650 <br /> Subject: Structure Agreement for the Mary Ann Sink Trust Property at 60122 Y2 <br /> Road and Failure to Comply with Board Order for Violation MV-2018-022 Ducray <br /> Pit, File Number M-2018-018 <br /> Dear Mr. Martinez, <br /> The Trust has been advised to not sign any structure agreement. It is unclear why a <br /> structure agreement was sent at this time,and that it did not include the "Notary <br /> For Structure' page? <br /> The Mary Ann Sink Trust received by registered mail a "Structure Agreement" for <br /> the Mary Ann Sink Trust and a "Certification" for the applicant Martinez Western <br /> Constructors Inc. on May 29, 2019. The mail included only two pages (copies <br /> enclosed). <br /> There was no letter of explanation or reference to a new application process for a <br /> reclamation only permit (Refer to Mining Board Enforcement Hearing of April 24, <br /> 2019 conducted in Denver regarding MV-2018-022). <br /> The mining operation at S80 22 '/a Road (Ducray Pit) did adversely impact the <br /> property at 60122 1/z Road and did adversely impacted 22 Y2 Road from Saddlehorn <br /> north to our property at 601 22 Y2 Road. This section of 221h Road is a public road. <br /> The material from the mining operation was used on the CDOT Redlands <br /> Roundabout project in March 2018. That was over 15 months ago and the <br /> reclamation has still not been completed. <br /> The Mary Ann Sink Trust has concerns about future impacts from storm water <br /> drainage and future impacts from the close proximity of the extraction to an existing <br /> septic leach field. <br /> Extraction from the Ducray Pit encroached on the Mary Ann Sink Trust property on <br /> the West side causing some sliding and fence damage. Sliding occurred when the <br /> operator performed some leveling on October 30, 2018. The Mary Ann Sink Trust <br /> hired a surveyor who confirmed the property line. The Mary Ann Sink Trust fence <br /> was adjusted to clearly mark the property line and discourage additional <br /> encroachment. <br /> Attachment A(Page 1 of 6) Ducray Pit#2, Permit#M-2019-035;Operator/Applicant: Martinez Western Constructors <br /> Page,9 of 2,J from Mary Ann Sink Trust <br />