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DANIEL F. BERNARD <br />RICHARD N. LYONS, JI <br />JEFFREY J. KAHN <br />IOHN W. GADDiS <br />BRADLEY A. HALL <br />STEVEN P. JEFFERS <br />WENDY SLEE RUDNIK <br />ANTON V. DWORAK <br />ADELE L. REESTER <br />MADOLINE E.S. WALLACE <br />EVE I. CANFIELD <br />BERNARD LYONS <br />GADDIS & KAHN <br />A PROFESSIONAL CO APORATION <br />ATTORNEYS AND COUNSELORS <br />RECEIVED <br />JAN 07 2004 <br />Division of Miperals & 6eolvgY <br />January 6, 2004 <br />303-776-9900 <br />FAX 303-413-1003 <br />Mailing address: <br />POST OFFICE BOX 978 <br />LONGMONT, CO 80502-0978 <br />Street address: <br />SECOND FLOOR <br />515 KIMBARK STREET <br />mwallace@blglaw. com <br />Ms. Erica Crosby [CIA FAX: 303 832-8106 <br />Division of Minerals and Geology ORIGINAL WILL FOLLOW BY U.S. MAIL <br />1313 Sherman Street, Rm. 215 <br />Denver, CO 80203 <br />Re: Application for Duckworth Pit Mining and Reclamation Plan (M-2003-091) <br />Dear Erica: <br />I represent the Smith & Emmons Ditch Company (the "Ditch Company").. The Ditch <br />Company has reviewed Lafarge West, Inc.'s ("Lafarge") Application for Duckworth <br />Pit Mining and Reclamation Plan ("Application") and summits the following <br />comments. <br />EASEMENT <br />The Ditch Company owns a prescriptive easement for the operation and maintenance <br />of the Smith and Emmons Ditch ("Ditch") as it runs through the Duckworth property. <br />The Ditch Company's easement, which equals 70-feet-wide being 35-feet-wide on <br />each side of the Ditch centerline, must remain undisturbed by Lafarge's mining <br />operation unless Lafarge enters into a written agreement with the Ditch Company. <br />Without a written agreement, Lafarge must not be permitted to mine within the <br />easement. In addition, Lafarge cannot restrict the Ditch Company's access to the <br />easement and restrict the Ditch Company's movement within the easement by blocking <br />it with construction materials, machinery or other items. <br />STABILITY ANALYSIS <br />The Ditch Company hired Tetra Tech RMC to review the Application and the stability <br />analysis submitted by Scott, Cox & Associates, Inc. dated September 19, 2003, to <br />insure that Lafarge's proposed mining would not, in fact, jeopardize the stability <br />and/or operation of the Ditch. Please find enclosed Tetra Tech's letter dated January <br />5, 2004, that poses questions that Lafarge must be required to address prior to the <br />G:ICLIENT515\SAEDC\OUCK\LT-CftOSBY RE DUCKWORTH PIT.DOC 1/6104 <br />