1979-06-11_ENFORCEMENT - M1978352

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Date: 6/11/1979
• Doc Name: AFFIDAVIT OF ROBERT J STEMWEDEL JR 79-CV-1633
• Media Type: D
• Archive: No

matter I brought to the attention of the Honorable Johnette Phillips,
Clerk and Recorder of Eagle County, Colorado.
7. On or about the second week of February 1979, I spoke
by phone to Chester M. Goldman in Houston, Texas and advised him that
an application for open pit mining had been made by Nottingham Sand
and Gravel Company on land adjacent to The Eagle River 1978 Trust
property in Eagle County, Colorado.
S. I did not at any time prior to March 1, 1979 give to
Chester M. Goldman and Olive McCollum Goldman, the trustees of The
Eagle River 1978 Trust, a copy of the notice of .application for permit
to conduct sand and gravel mining operations at 11590 U.S. Highway 6,
Eagle, Colorado as published in the "Eagle Valley Enterprise" .
9. I have never been given nor accepted from Nottingham
Sand and Gravel Company or its agents any notice of the above-referenced
application for The Eagle River 1978 Trust.
10. At the request of Chester M. Goldman I wrote a letter,
dated February 16, 1979, to the Director of the Board of Mined Land
Reclamation objecting to the application.
11. I have not been retained by nor have I been paid any fees
by The Eagle River 1978 Trust in connection with the Nottingham Sand
and Gravel Company application above-referenced.
12 . On or about the last week of February 1979, I advised
the trustees of The Eagle River 1978 Trust to retain the law firm of
Lamm & Schader, because of my commitment for other work and to avoid
possible conflicts of interest that I might have as house counsel for
The Brush Creek & Eagle River Company.
13. I have been a resident of Eagle County, Colorado for
approximately five (5) years and I am familiar with the location of
The Eagle River 1978 Trust ranch in Eagle County, Colorado and with
the location of the land in Eagle County, Colorado which Nottingham
Sand and Gravel Company acquired from The Brush Creek & Eagle River
Company (Nottingham land) .
14. I am personally familiar with the rural addressing system
in Eagle County, Colorado and have attached as Exhibit 2 hereto a rural
addressing map, which correctly depicts the rural addressing on U. S.
Highway 6 in Eagle County, Colorado, including the two properties
referenced in paragraph 13 above.
15. The rural address given in the application notice, sent to
me by Nottingham Sand and Gravel Company referenced in paragraph 4
above, does not correctly describe Nottingham land. The address in the
notice is across U.S. Highway 6 on the south side and would be east of
the Nottingham land.
ROBERT J. STEMWEDEL, JR.
SUBSCRIBED and sworn to before me this day of June, 1979.
Witness my hand and official seal.
My commission expires
Y/