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'GtlbS~/ 1~6: 47 ~ Law Offices of Cashen, Cheney and Thomas' 400 50. 3rd St., P.O. Box 387 Montrose, CO. 81402 Telephone: (970) 2A9-6611 1 Fax: (970)249-6613 I Email: rjtlaw@montrose.net I~MEMO FROM BOB THOMAS PATE: Jun 7, 2005 / TO: SUBJECT that ' 1 note, parenthetically, that inlyet a~rior i<pPlication for Gray Pit No. 2, which was earlier than JUN 0 72005 8e~d ,taeaet`ora f~td t3ta at fctLnarata ~ ~y Gray Pit No. 2, 112 erm3t Application (Montrose County) Your file number MOS,-012 '~ ALSO Reference Y I file number M-2004-019 ~3fe c i , ~~/ {.ai ie~ ou know, our firm represents Lazy A Corporation. We had previously filed an objection to ,004 filing for Gray Pit No. 2, which is refer~rtced above as your case number M-2004-019. prior objection was filed because of the fact's t we believed that Mr. Gray, the applicant m, does not h~ve legal commercial a~cess at the access point as proposed in M-2004-019. access, web ieve, crossed my client's property and thus required appropriate easements or trt decree allowin for such uses at sr}ch location. While T understand M-2004-O19 lzas been irawn or othetwis~ is no longer in effect, a legal proceeding is still pending regarding the ss which had been ~roposed for such application, said case being Montrose District Court number 2004 CV 95.' e the c (anent application in 2005-012 appears to indicite Mr. Gray's intent to use a rletely different access ~~PPoin one which comes from the other side of Mr. Gray's property off tel Road and which the£efo would not seem to involve any of the contested points of access Kini ' Road , my client still wishes to register his objection and to be given notice of all er proce ings in this matter. It is my client's belief that given the length of road and grade s necessary to bring the current pro~osed road from Miguel Road to the point of mining, and t the specifications and/or safety factors n cess~ry to safely serve the type of traffic ipated to use such road, my client's conce~ is that Mr. Gray has no real intent to build such the 004 application, Mr. Gray proposed yet ~nothe{access point on Kinikin Road. This location became thubject of litigation, Montros~County AisVict ~'ourt Casa No. 2002 CV 03, involving Mr. Gray and A Corporation. In that case, Jude Patrick entered an order enjoining Mr. Gray from using said acce s point. This case was appe led and there is yet a final order, so it is possible that some modifications to the order may be made, but none that we think will change the overall result. Colorado Divt ton of Minerals and Geology 1/ 1313 Sh ~ St, Room 215 Denver, CO 0203 ALSO FAXED TO RU5S MEANS AT 241-1516