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<br /> <br /> <br />RODERICK E. LANDWEHR <br />..wore».owa cow.ow++.ow <br />A TT~gN CY AT L<W <br />Mr. Steve Brown <br />September 18, 2001 <br />Page Two <br /> <br />It is further alleged that the waste marble pile described <br />above is a nuisance in that it is claimed to be capable of <br />further movement, which could result in more trespass and <br />danger to individuals on the McIntyre property, including <br />members of the public utilizing a public road which provides <br />access to the public to view the historic quarry portals. <br />OMYA, Inc., as owner of the property, entered into leases for the <br />operation of the marble quarry with Colorado Yule Marble Company, <br />which operated the quarry from approximately to 1989 to 1998, and <br />later to Sierra Minerals Corporation, which operated the quarry <br />up to the present time. In each of said leases, OMYA required <br />that the lessee comply with the terms of the permit issued by the <br />Division of Minerals and Geology, specifically with respect to <br />the storage of waste marble materials, the course and direction <br />of marble slurry generated by the quarrying activities, and the <br />areas that might be disturbed by mining activities, in general. <br />Compliance with the terms of the permits is a required provision <br />of the lease. <br />OMYA, Inc., in preparing its defense to the claims of the <br />McIntyree, ie required to introduce into evidence Permit <br />No. M-89-025 issued to Colorado Yule Marble Company for operation <br />of the quarry, the results of any inspections made pursuant to <br />that permit, and notice of violation and assessment of civil <br />penalties for disturbing areas outside the affected area under <br />Action No. MV-99-020 of the Division of Minerals and Geology. <br />OMYA, Inc. would also be required to introduce into evidence the <br />hermit issued to Sierra Minerals Corporation under Permit <br />No. M-1999-058, which covers operations of the quarry by Sierra <br />Minerals. I understand there has been an inspection pursuant to <br />a complaint made of the operation by Sierra Minerals Corporation <br />on July 3, 2001. OMYA, Inc. would request that a certified copy <br />of the written report of such inspection also be provided. <br />If certified copies of the foregoing documents can be provided <br />for introduction into the record in this matter, testimony from <br />Mr. Bob Oswald from the Durango field office of the Division can <br />be avoided. If we could obtain these certified copies yet thie_ <br />week, we may be able to resolve t e trespass craims vi ma otion, <br />rather than a trial. <br />eof~j <br />Jga.xpna7 poi RLSi T6A A/R vV.I /T:6T Tn/OT/all <br />