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Z Q ~ o ¢g 0 ~~ Z $ m rW r z ~_ IIIIIIIIIIIIIIIIIII~ • ~~~~~~~~ OCT 11911 rr,:^'.E.^ LF.P~~ RECLAMATION Cols. Dept. of P;atur2l Resources Attomays at Lew October 13 , 1977 Colorado Mined Land Reclamation Board 723 Centennial Building 1313 Sherman Street Denver, Colorado 80203 Janice Id. Baratta Civil L'~igineer D1ine•3 Land Reclamation 723 Centennial Building 1313 Sherman Street Denver, Colorado 80203 First National Bank, Westminster Suite 301 7301 Federal Boulevard Westminster, Colorado 80030 Telephone (303) 428-8526 Phlllp F. Roan James R. Stitt R. J. Wtttenbrink Karen E. Nieman Re: Hazeltine Investment Pit #1 Your File No. 77-153 Gentlemen and .is. Baratta: on behalf of Emily K. Ferguson. Please be advised that this is in response to a letter you received on September 21, 1977 from Southard and Ashlock claiming to be written objections to the above application made The statements contained in the letter certainly do not raise to the dignity of evidence that any conditions complained of, do in fact, exist or that my client is responsible for any allegeu problems that rttight exist, either in the mind of Mrs. Ferguson or her attorneys. In order for the Board to make a determination that such conditions do exist, it seems to me that at a minimum there would have to be testimonial evidence from qualified individuals to support such allegations. Otherwise, they remain simply that, allegations against the gravel pit. Because of the distance between my client's property and Mrs. Ferguson's, it is highly doubtful that any such subsidence would occur. The condition that Mrs. Ferguson's counsel refers to re- garding the use of powerful sucking devices, is certainly not the type of operation that Iazeltine Investment will conduct on the land for which this application is sought, and would have no bear- ing in this regard.