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AUG-25-97 06:59 FROM:GOLDEN. MUMBY.ET. AL <br />Carl Mount • <br />August 23, 1997 <br />Page 2 <br />1 D:9702420698 <br />• <br />PACE 2/2 <br />The Franklins have several concerns about the present operation and aze of the opinion <br />that the permit as approved is not being adhered to by the operators. The main concerns are as <br />follows: <br />1- The operator has constructed a road down the hillside south of the pit and out of <br />the permitted area. In the construction of this road, they have filled Fretildins' imgarion ditch <br />e to the point that it is totally unusable. They have also crushed a culvert in a portion of the ditch, <br />rendering it unusable. <br />2. The road leads to an area south and west of the pit, below the hill on a ]evel azea <br />beyond the boundary- of the permit. A concrete batch plant is being constructed in this azea, with <br />no penrrit of any kind. <br />3. Dieing the construction of the batch plant and road the operator removed the <br />boundary fence of over 50 yeazs. The fence probably was not exactly on the boundary <br />estab]ished by the legal description. <br />4. The removal of the fence required Franklin to construct a new fence in order to <br />use his pasture for gratirtg. He also had to move the existing gate because the operators were <br />using his lane to access the batch plant and leaving the gate open. <br />5. The hillside south of the pit on which the road was constructed is now so steep <br />and of such loose gravel and dirt that the irrigation ditch at the bottom, even if reconstructed and <br />cleaned, will be subject to wnstant obstruction from hillside sluff. <br />The ground situation is difficult to describe in writing and even more difficult to envision <br />~ from a brief written description. Ben Franklin can be contacted at (970) 878-5426 and would <br />be willing to take you or your represenutive to the site and point out the difficulties. <br />In addition, if you have questions, you may call the undersigned. <br />Very- truly yours, <br />GOLDEN,1\NMBY, S[JIvIIvIERS, LIVINGSTON & KANE, LLP <br />Kei G. blumby <br />KGMlrns <br />pc: Ben Franklin <br />3ames Komatinsky <br />IC: W IR.f~F W ~pBnLRA V EL`C-MOG'MLTA <br />e <br />