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• iii iiiiuiiiim iii <br />999 <br />RODERICK E. LANDWENR <br />~ wwoeomoxwL cowwowwn aw <br />ATTORN6T AT IJ.W <br />30~ WCBT TO MIC x~ .\VCMY[ YUITC i~ <br />OUNN190 N, COLOIeA00 Be2~0 <br />T[L[wxONE ~Y)OI G~~-~a TT <br />TeLCCO w~ew ,BTOi e„-lens <br />September 18, 2001 <br />Mr. Steve Hrown <br />Assistant Attorney General <br />Colorado Attorney General's Office <br />1525 Sherman Street, 7`" Floor <br />Denver, Colorado 80203 <br />RE: McIntyre v. OMYA, Inc. <br />and Sierra Minerals Corporation <br />Gunnison County District Court <br />Action No. 98-CV-51 <br />Our File No. 2692 <br />Dear Mr. Brown: <br />.~ <br />VIA TELEFAX <br />X03-866-3558 <br />This letter is a follow-up to our telephone conversation of <br />today's date. I contacted you relative to the need for testimony <br />from certain employees of the Division of Minerals and Geology <br />with respect to the above-referenced case. <br />In general, the Mclntyree have asserted claims of trespass and <br />maintenance of a nuisance against my client, OMYA, Inc., the <br />owner of the mining claims on which the marble quarry at Marble, <br />Colorado, is operated. The complaints allege that Colorado Yule <br />Marble Company, operating under a lease from OMYA, Inc. and Yule <br />Quarry Permit No. M-89-025, undertook actions which resulted in a <br />trespass upon the McIntyre property. These actions are generally <br />described as follows: <br />1. In construction and maintenance of the quarry access road, <br />material may have been dislodged, which then fell down the <br />steep terrain and ended up on property belonging to <br />McIntyres. <br />2. Mined waste material in the form of marble, ranging in size <br />from marble dust up to multiple-ton blocks of marble, was <br />deposited on a steep slope and allowed to travel down that <br />slope and come to rest on property belonging to the <br />McIntyres. <br />ZO@I ~ga.xPoe~ DoN u~eT rno n,a vv, ,TILT T,...,T,~,. <br />