Laserfiche WebLink
, <br />WOLCOTT RANCHES <br />39716 HWY 160, BOX 390 <br />MANGOS. COLORADO 81328 <br />LIMOUSIN BREEDERS <br />BETTY& DEAN WOLCOTT <br />303 533-7107 <br />MANAGER - GILMER L PICKENS <br />303 5337639 <br />BOOKKEEPER - ROBIN D. wOLCOTr <br />303 533.7526 <br />December 1, 1994 <br />RECEIVED <br />Mined Land Reclamation Board SEC ~5 ~gg4 <br />1313 Sherman Street, Room211 ~ Dlvisit)n of Minerals 8 Geology <br />Denver, CO 80203 <br />Re: Orion Pit Application (Sand and Gravel), T35N, R14W, Sections: 1, 2 <br />Gentlemen: <br />Betty and I are owners of the property described in the attachment (Exhibit 1), which is part of <br />the land referenced in Mr. Kinney's application for the Orion Pit. As the owners of the surface <br />estate, we object to this application on several grounds. .. . <br />First, as reflected in Exhibit P to Mr. Kinney's application, our ownership of the surface estate <br />is acknowledged by Mr. Kinney. The sand and gravel resources that Mr. Kinney seeks to exploi[ <br />are the very surface of the land which we own. Although no[ entirely consistent in his treatment <br />of this issue, Mr. Kinney states that the sand and gravel is located at depths as shallow as three <br />feet below the topsoil. (Exhibit D, Pazaglaph 5). Elsewhere he states that the sand and gravel <br />deposits aze located at "depths varying between 40" and 80" fmm the surface of the property." <br />(Exhibit P, p. 2). In many places, however, the topsoil and sand and gravel aze one and the <br />same. To the best of our knowledge Mr. Kinney has not entered onto our property and <br />conducted location specific evaluation of a±r gravel resources. The operations *.ha*_ he pla:.s to <br />undertake would result in the total destruction of the surface estate, which we own. Because the <br />sand and gravel aze part of [he surface estate, we, rather than the owners of the mineral estate, <br />own the sand and gravel which Mr. Kinney seeks to exploit. <br />As the owners of the sand and grave] in our ]ands, we are the sole parties with authority to lease <br />these substances for commercial exploitation. In support of his application 1•u. Kinney has <br />attached an "Oil, Gas and Minerals Lease" issued by Mazcheta Newholm [o Mr. Kinney on <br />February 1, 1994. That document purports to lease an undivided one-half interest in "gas, oil, <br />coal, carbon dioxide, minerals, other hydrocazbons and including gravel, mineral substances and <br />mineral aggregates" underlying approximately 108.33 acres in the SW/4 of Section 1, T35N, <br />R14W. Mazcheta Newholm did not have the authority to ]ease or encumber our sand and gravel. <br />00192 <br />