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BRATTON & McCLOW LLC <br />Letter to Oswald <br />Page 2 <br />June 2, 2004 <br />B. Fact Summary: <br />Last September, the Town of Lake City asked employees of Hinsdale County to perform <br />work for the Town along Water Street where the street adjoins Lot 42, which is property owned by <br />the Bakers. We enclose as Exhibit A a map showing the location of the work. In this azea, the Town <br />owns a 60-foot right of way for the street. At the time the work began, the graded part of the right <br />ofway abutted a hillside which had some vegetation on it. The workmen stripped away the top layer <br />of the hillside and also a considerable amount of underlying shale. In doing so, they went beyond <br />the Town's right ofway and removed material from the Baker's portion of the hillside as well as the <br />portion that was within the Town's right of way. Exhibit B to this letter is a survey showing the azea <br />of work and the relevant property lines. <br />It is estimated that the workers took 70 truckloads of material away from the Property, using <br />I S ton dump trucks. This material was stockpiled by the Town for later use on roads and parking <br />lots. In the process, the workers also removed several large boulders from the Property and <br />destroyed vegetation, including some trees and other vegetation. They entirely leveled the hillside <br />at the northern comer of Lot 42. The workers left the hillside along the road in a condition <br />susceptible to erosion and raveling. In addition, the roots of some vegetation are showing at this <br />time, which indicates that even more vegetation will be lost. <br />For your convenience, photos of the Property taken after the Town's work are enclosed. <br />W e would appreciate your investigation into this work to determine whether your agency has <br />jurisdiction to require the Town to perform reclamation work. We understand that you are required <br />by law to respond within 30 days. However, if you need more time to initiate an investigation and <br />formulate a response, we will not object to a reasonable extension oftime. Please feel free to contact <br />me with any questions. You may also call the Bakers, who are at home in Lake City. <br />Sincerely, <br />~~ G~~C~ <br />Nancy Bentson Essex <br />cc: Norma and Eugene Baker <br />