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<br />Cazl Mount <br />August 23, 1997 <br />Page 2 <br />The Franklins have several concerns about the present operation and are of the opinion <br />that the permit as approved is not being adhered to by the operators. The main concerns aze as <br />follows: <br />1. The operator has constructed a road down the hillside south of the pit and out of <br />the permitted azea. In the construction of this road, they have filled Franklins' irrigation ditch <br />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 azea south and west of the pit, below the hill on a level azea <br />beyond the boundary of the permit. A concrete batch plant is being constructed in this area, with <br />no permit of any kind. <br />3. During the construction of the batch plant and road the operator removed the <br />boundary fence of over 50 years. The fence probably was not exactly on the boundary <br />established 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 grazing. 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 constant 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 representative 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, MIJMBY, SiJMIvfERS, LIVINGS/TON & KANE, LLP <br />Kei G. Mumby <br />KGM/jms <br />pc: Ben Franklin <br />James Komatinsky <br />K UfUATFRA9EMGRA VEL~C~AIOUNT LTR <br />