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Erica Crosby November 13, 2007 Page 2 aerial photograph he obtained from U.S. Geological Survey. A copy of this aerial is also enclosed for your review. Finally, my clients obtained a color aerial photograph from the United State Department of Agriculture which is also enclosed. The information from the survey and aerial photograph clearly show that the mining operations have encroached onto the Longacre property to the north and possibly also to the east. With the corners of the quarter sections now monumented by Mr. Anderson; a physical inspection will also prove that Morgan Sand and Gravel has been mining outside of its permitted area and been trespassing onto the Longacre property. Given the violations identified above, especially the mining outside ofthe permitted area and the trespass onto the Longacre property, the Longacre family requests that the Division, cite Morgan Sand and Gravel for a violation of its permit and issue a Cease and Desist Order to Morgan Sand and Gravel to cease all operations until it has reclaimed the property outside the permit area, made restitution to the Longacre family for the trespass, conversion of the sand and gravel mined from the Longacre property, and reimbursed them for the costs and expenses related to bring this matter to the attention of the Division, including the cost of having Mr. Anderson place or replace the corner monuments for the two quarter sections ($1,945,00, see enclosed invoices), and their attorney fees. Since, Morgan Sand and Gravel seems to have difficulty keeping its activities on its own property, the Longacre family also requests that the Division require the fencing of the permit area. It is my understanding that as a result of your inspection of the Westhoff pit on September 24, 2007, you found Morgan Sand and Gravel in violation of its pertnit based upon other grounds than those referenced above. Please keep me informed as to any future activity regarding the violations you found at that time. Enclosed please find a request for a copy ofthe permit f le on CD, and a check in the amount of $5,00 to cover the charge for the CD. A timely response to this letter would be greatly appreciated. Sincerely, ~~-,~,~_ William M. Schell cc: John Longacre w/o enclosures Morgan Sand and Gravel w/o enclosures