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~. <br />(c) Costs show 68 acres of disturbance but Project Overview <br />states 54 acres are involved and the mining plan states that 70 acres will be <br />disturbed or affected. Which acreage figure is correct? <br />(d) No costs are included for reclaiming of drilling and <br />exploration sites, including rebars, outside the proposed permit area. <br />15. Exhibit O. <br />Ca) Operator cites, as source of its legal right to enter, a lease <br />dated 1974. It is the position of the Landowner that Operator is in default on <br />covenants in the lease, both expressed and implied by law. Notice of a <br />number of these defaults have been given to Operator by the Landowner and <br />no corrective action has been taken. In addition to those defaults for which <br />notice has been given, the Operator has failed to fence and cattleguard the <br />operation. Operator has not made its books and records available to <br />Landowner when requested to do so. Operator has not paid the ad valorem <br />tax increases on the property. This shall be considered as notice to <br />Operator of the additional defaults. <br />Landowner does not, by participating in this proceeding, intend <br />to waive any of its rights with respect to these defaults. Rather, Landowner <br />hereby notifies the Board that he may elect at any time, pursuant to the <br />terms of the lease, to declare the lease terminated. <br />16. Exhibit P <br />Ca) In the event exploration activities are deemed to increase the <br />permit area the following persons or entities may be entitled to notification: <br />-Heil Brothers <br />-Department of Agriculture, U.S. Forest Service <br />-Colorado Department of Education <br />17. Conclusion <br />In light of all of the foregoing, the Landowner protests the <br />proposal of Andesite Rock Company and requests that a hearing be held <br />thereon pursuant to 24-4-101 et. seq• C.R.S. 1973, as amended. The <br />Landowner requests leave to supplement this protest as other information is <br />developed in the course of this proceeding. <br />Respectfully submitte~~y of Nov mb r, 1983. <br />,~ <br />arl F. Kumli, III <br />Attorney for Hallyn F. Hall, Landowner <br />1375 Walnut Street, Suite 215 <br />P. O. Box 2279 <br />Boulder, Colorado 80306 <br />Telephone: 440-0075 <br />-5- <br />