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dUN-23-1999 WED 10:19 AM EAX N0. P. 02/04 <br /> <br />1220 East Divot Drive <br />Tempe, Arizona 85283 <br />June 22,1999 <br />Bob Oswald <br />Division of Minerals & Geology <br />970/247-5104 <br />Mined T,and Reclamation Board <br />c/o Glenda Williams <br />fax 832-8106 <br />Mark Hcld <br />Assistant Attorney General <br />fax 303/866-5395 <br />Re: Application M-99-058, Sierra Minerals <br />To; MLRB and DMG Stafl': <br /> <br />As adjacent landowners and affected parties, we submit the following con»nents and objections <br />to the currently pending application of Sieaa Minerals for a constn,ction materials pemtit, We <br />understand that the decision date on this permit has been extended through July 2, 1999, and that <br />Sierra Minerals has just submitted substantial additional material, clarifications, and changes in <br />support of its prior application. <br />As aggrieved panics, and adjacent landowners, we object to the issuance ofmined ]and <br />reclamation permi[ #M-99-058 for tltc following reasons: <br />].'The applicant is not entitled to a reclamation permit because this is an operator currently in <br />violation ofMLRB regulations. Under C.R.S.34-32.5-120 -Permit refused -operator in <br />default, <br />Ttie board shall not grant a permlt for new rnining operations to an operator who Ls <br />found to be to violation of this article at the time ojappllcatton. <br />71tis applicant Sierra Minerals is ntn by Rex Loesby. Mr. Loesby is responsible, in <br />whole or in part, for• the current pcrn~it violation of Colorado Yule Marble Co. As <br />Vice-President oFOperation for Colorado Yule Marble Company in 1991, Rex <br />Loesby was directly responsible for the active dumping ofmulti-ton marble blocks on <br />¢djacent property. 'fhe applicant Itas confessed this responsibility to adjacent <br />landowners when he said, "and now we have an active dump pile down to the creek <br />and it's ott your property." Tltis claim can also be supported through additional <br />testimony of miners. When Mr. Loesby was fired by CYMC in 1992, he sued <br />Colorado Yulc Marble claiming wrongful termination because as an Officer of the <br />Corporation, ho could only be terminated by the Board. Colorado Yule settled the <br />P U93a.W f\y,yVv L, MA m DMG ~yd <br />