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es ~~ c~ ~ <br />WILLIAM M. SCHELL <br />MARLIN U. OPPERMAN ti 938-2002 <br />OPPERMAN &SCHELL, P. C. <br />ATTORNEYS AT LAW <br />3609 SOUTH WADSWOR'fH BLVD., SUITE 140 <br />LAKEWOOD, COLORAD080235 <br />W W W.OPPERMANLA W FIRM.COM <br />November 13. 2007 <br />Ms. Erica Crosby <br />Colorado Division of Reclamation <br />Mining & Safety <br />1313 Sherman SL. Rm. 215 <br />Denver, CO 80203 <br />RECEIVED <br />NOV 14 2007 <br />Division of Reclamation, <br />Mining and Safety <br />TELEPHONE (303) 623-1970 <br />TELecoPiER(303)&93-93?8 <br />B ILL a OPPERMANLA WFIRM.COM <br />r/ <br />Re: Issues relating to the Morgan Sand and Gravel, Westhoff Pit, Permit No. M-1977-094 <br />Dear Ms. Crosby: <br />This fine has been retained by the Longacre family to represent them relating to several <br />issues pertaining to the Morgan Sand and Gravel, Westhoff Pit, Permit No. M-1977-094. I believe <br />that my clients have had previous contact with you or other representatives ofthe Colorado Division <br />of Reclamation Mining & Safety regarding this pit and Permit. Please reference the letters dated <br />August 18, 2004 and sent to the attention of Tom Schrerner, and dated August 20, 2007 and sent to <br />the attention of the Board. <br />The property being mined by Morgan Sand and Gravel is located in the SE1/4NW 1/2 and <br />the SW 1/4SE1/4 of Section 34, Township 5 North, Range 58 West of the 6`~' P.M. The Longacre <br />property adjoins these two quarter sections on the west; north, east and the south boundary of the <br />S W/1/4SE 1 /4. Over the years my clients have objected to various activities taking place on the two <br />quarter sections. "Chew objections have included: 1) the failure ofthe mine operator to keep waste <br />materials, rubbish and debris on their own property (Examples have included, metal sheeting, tires, <br />a railroad boxcar, oil cans, antifreeze containers, miscellaneous tree, shrub and hunber waste.); 2) <br />the operator allowing and in fact appearing to construct a four wheel drive or motocross track on the <br />property not in conformity with the mining permit; 3) the operator failing to monument and keep <br />monuments or markers at the boundaries of the permit area; 4) mining outside of the permitted area <br />(According to the information contained on the Division's website the area covered by the Permit <br />is only 40 acres. However, from reviewing the property on the site and the enclosed aerial <br />photography the entire 80 acres within the two quarter sections is in the process of being mined.); <br />and 5) most importantly to my clients, the operator has trespassed onto the Longacre property and <br />conducted its mining operations thereon. <br />To document this trespass, my clients hired and paid Mr. Michael E. Anderson, the Morgan <br />County Surveyor to perform a Boundary Survey Plat of the two quarter sections in question and to <br />monument the corners of those parcels. Enclosed is a reduced copy of Mr. Anderson's survey. Mr. <br />Anderson then took the information from his survey and superimposed the boundary Lines on an <br /> <br />