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An inspection of the permit site indicates as follows: <br /> (1) The main operational area of the permit for the mining, processing and <br /> shipment of basalt and other cobble and related products is approximately <br /> mile from the site of the irrigation believed to be problematic, and is unrelated <br /> geographically, hydrologically and physically to the irrigation within the permit <br /> area.This area is located in the far SE corner of the permit area. <br /> (2) The stockpile of crushed basalt in the North central part of the permit area is <br /> closer to the irrigation activity, but,was not impacted by that activity, and its <br /> shipment to purchasers is unrelated to irrigation activity on the un-mined lands, <br /> now subject to cease and desist. <br /> (3) The two pits identified in the hearing, which were sources for the (now)crushed <br /> material, are now dry; although mining and processing are not now currently <br /> occurring at that location,there is no reason to prohibit further operations in <br /> this area, which was already bonded for mining activity <br /> (4) The operator is suffering daily economic harm from the existence of the broad <br /> cease and desist order, which continues to cause economic harm and damage to <br /> the Operator.The resumption of mining, processing and shipment activity has <br /> no relationship to the activity the subject of the cease and desist order <br /> (irrigation within the permit area). <br /> We request that each of these items be addressed individually, with a special <br /> emphasis on area bullet item Number 1, the main, current mining, processing <br /> and shipment area of the permit. <br /> My efforts within the past few days to secure clarification of this important matter with <br /> the attorneys for the Board and for Division have been unsuccessful.Travis Marshall has <br /> indicated to the operator that a written request as to clarification and lifting of the <br /> cease and desist as to mining, processing and shipment should be submitted to Division. <br /> This written request is in direct response to that instruction. <br /> For obvious reasons,we request that the above matter be addressed as promptly as <br /> possible. Please feel free to contact me by e mail at inccolaw@comcast.net or by cell <br /> phone at 720 9717063. <br /> Page 02 <br />