2004-08-10_REVISION - M1977534

• Permit No: M1977534
• IBM Index Class Name: Revision
• Doc Date: 8/10/2004
• Doc Name: Objection
• From: Hale-Hackstaff-Friesen LLP
• To: DMG
• Type & Sequence: AM2
• Media Type: D
• Archive: No

LLP
AMANDA A. BRADLEY
[e-mail]
RECEIVED
AUG 10 1004
August 10, 2004
Division of Minerals and Geology
Colorado Mined Land Reclamation Boazd
1313 Sherman Street, Room 215
Denver, CO 80203
Re:
Division ~f Minerals and Geology
Reclamation Permit #M-77-534 C/ess: tZzv~sia't y 2-Sr4•
Dear Sir or Madam:
7430 Wynkoop Street
Suite 300
Denver, Colorado 80202
phone: [phone]
fax: [phone]
This firm represents Sally Buckland and Glenda Guanella. Ms. Buckland and Ms. Guanella own the
property in Clear Creek County upon which the City of Golden seeks to amend the referenced
mining permit, as well as the surrounding property. We aze in receipt of a public notice concerning
the referenced mining permit, and wish to submit to the Division of Minerals and Geology (the
"Division") comments concerning Golden's proposed amendment.
It is our understanding that the purpose of the referenced amendment is to increase the permit
boundary by approximately 6.9 acres to accommodate stockpiles and haul roads. On behalf of Ms.
Buckland and Ms. Guanella, we oppose any amendment to the mining permit on the subj ect property
because this specific property, as well as the mining activities on the property, are the subject of
pending litigation in Cleaz Creek County. Specifically, Golden seeks to condemn portions of Ms.
Buckland and Ms. Guanella's property; the authority by which Golden may hold any mining permit,
as well as the authority of Golden to conduct any activities on the subject property, including the
stockpiling of material, is currently in dispute. It is our opinion that the prior permit holder,
Mountain Aggregates, Ina ("MAI"), did not have the authority to transfer the permit to Golden and
that Golden has no right to possess or conduct activities on the subject property. Furthermore, the
amended mining permit of which Golden is now the holder and the activities conducted pursuant to
that permit constitute a taking of the subject property. Copies of the First Amended Petition in
Condemnation, filed by Golden, as well as the Complaint filed by our clients, which detail the
specific allegations concerning the subject property, aze enclosed.
Until these matters aze resolved by the Cleaz Creek County District Court, specifically, Golden's
authority to possess and use the property which is covered by the existing permit and to be covered
by the amended permit, the Division should deny any amendment to the referenced permit. It is our
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