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BRATTON & McCLOW, LLC / <br />L. Richazd Bratton <br />John H. McClow <br />John R. Hill, Jr. <br />Nancy Bentson Essex <br />Attorneys at Law <br />232 West Tomichi Avenue, Suite 202 <br />Gunnison, Colorado 81230 <br />Telephone (970) 641-1903 <br />Facsimile (970) 641-1943 <br />Saza E. Wynes <br />Mazcus J. Lock <br />July 20, 2004 <br />Russell Means f <br />Colorado Division of Minerals and Geology <br />Grand Junction Field Office <br />101 So»th ?`~ S±reet, Stite 30'_ <br />Grand Junction, CO 81501 <br />Re: Reclamation Permit M-95-0571z` ~u.~`~pwr~/~ ~- ~ <br />Dear Mr. Means: <br />As I told you in a recent telephone conversation, our law firm represents Rudy and Deb <br />Rudibaugh, holders of Reclamation Permit N-95-057 with Warren Wilcox, the operator who has <br />until recentlybeen conducting mining operations on their land. Recently, the Rudibaughs discovered <br />that Mr. Wilcox is selling topsoil from their land which was part of the overburden moved when <br />gavel mining began on the land. Mr. Wilcox contends that he has a right to do this under his <br />agreement with the Rudibaughs. The Rudibaughs dispute this but have been unable so far to get the <br />Gunnison County District Court to order Mr. Wilcox to stop. <br />The Rudibaughs are concerned that the removal of topsoil from their land violates the terms <br />of their Reclamation Permit. As indicated by the enclosed statement, they have authorized our firm <br />to request that you come to Gunnison to investigate the activities of Mr. Wilcox to determine <br />whether your office considers the removal of the topsoil to be a violation of the Permit or contrary <br />4C la`l' in an~i .T.~3~~. <br />Sincerely, <br />~~ ~~ <br />Nancy Bentson Essex <br />• 'I~,~ ~ ~..r,, <br />t, ~ ;::. <br />x _ro <br />~_3>. <br />cc: Rudy and Deb Rudibaugh <br />