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DATE: JULY 24, 1997 III IIIIIIIIIIIIIIII ~ TO: MR. CARL MOUNT 1313 SHERMAN ST ROOM 215 DENVER CO 80203 Post-iY° Fax Note 7671 Dd1ef3 jj-Cj 7 pages To w~iP o< < f '~ From A~ l~ Sci~S~ 1 / 1 CoJDepl. / 9~~K IV`oY ~~ Co. ~~ Phone M Phone k G ~"d~w' ~S ~ 7 Fax N /. S 7 ~ ( Fax k RE: RECLAMATION OF GRAVE PIT. DEAR MR MOUNT; I AM FURNISHING THE FOLLOWING INFORMATION AS PER OUR PREVIOUS CONVERSATION THIS MONTH. THE PIT IS IN T6N R 90W SECTIONS 5, 6, 7 & 8. THE NORTH HALF OF SECTION 6 IS OWNED BY ROBERT EDDIE QUILLEN, THE BALANCE IS OWNED BY QUILLEN CO. & ROD PECK. IT IS MY UNDERSTANDING THAT MOUNTAIN AGGREGATE LEASED THE PIT FROM QUILLEN & CO. THEY INTERN SUBLEASED THE FIT TO ELAM CONSTRUCTION. MRS. NALL FROM THE ARMY CORPS OF ENGINEERS LOOKED AT THE PIT IN JUNE OF THIS YEAR, AT THE TIME OF HIGH WATER. HER COMMENT AT THAT TIME WAS UNDER THE CIRCUMSTANCES WHO WOULD BE RESPONSIBLE FOR RECLAMATION OF THE PIT IN THE LAST FEW YEARS. MOST OF THE PIT AREA HAS HAD NO RECLAIMING THAT I CAN SEE. THE OVERBURDEN FROM THE PIT AREA HAS BEEN STOCKPILED IN A BERM ALONG THE PROPERTY LINE BETWEEN QUILLEN PROPERTY AND OUR ADJOINING PROPERTY. BY ELAM CONSTRUCTION PLACING THIS BERM AROUND THEIR PROPERTY, THEY HAVE CHANGED THE FLOW OF THE ANI-BRANCH OF THE YAMPA RIVER DIVERTING IT ONTO OUR PROPERTY. THESE ACTIONS HAVE RESULTED IN THE FLOODING OF OUR PROPERTY WITH WATER THI5 YEAR OVER FOUR FEET DEEP. IT IS MY UNDERSTANDING THAT YOU CANNOT CHANGE OR ALTER THE FLOW OF A RIVER OR STREAM, AND I WOULD APPRECIATE ANY ADVISE AND ASSISTANCE YOU COULD PROVIDE WHICH MIGHT PREVENT ANY FURTHER DAMAGE AND FLOODING TO OUR PROPERTY. THANK YOU FOR YOUR ATTENTION IN THIS MATTER. SINCERELY, ROBERT G. DEAKINS P O BOX 597 CRAIG CO 81626-0597 970 824-8328