Laserfiche WebLink
WOLCO"IT RANCHES <br />39716 HWY 160. BOX 390 <br />MANCOS,COLORAD081328 <br />LIMOUSIN BREEDERS <br />BETfY & DEAN WOLCOTr <br />303 533-7107 <br />December 1, 1994 <br />MANAGER - GILMER L. DICKENS <br />303 533-7639 <br />BOOKKEEPER - ROBIN D. WOLCOTT <br />303 533-7526 <br />RECEIVED <br />Mined Land Reclamation Board SEC 05 Igg¢ <br />Division of Minerals and Geology Division of Minerals 8 Geology <br />1313 Sherman Street, Room 21~ <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 oo 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 exploit <br />are the very surface of the land which we own. Although not entirely consistent in his treatment <br />of this issue, Mr. Kinney stales that the sand and gravel is located at depths as shallow as three <br />feet below the topsoil. (Exhibit D, Paragraph 5). Elsewhere he states that the sand and gravel <br />deposits are located at "depths varying between 40" and 80" from the surface of the property." <br />(Exhibit P, p. 2). In many places, however, the topsoil and sand and gravel are 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 ors gravel resources- The operations that he plans to <br />undertake would result in the total destruction of the surface estate, which we own. Because the <br />sand and gravel are part of the 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 gravel in our lands, we are the sole parties with authority to lease <br />these substances for commercial exploitation. Tn support of his application Mr. Kinney has <br />attached an "Oil, Gas and Minerals Lease" issued by Mazcheta Newholm to Mr. Kinney on <br />February 1,.1994. That document purports to lease an undivided one-half interest in "gas, oil, <br />coal, cazbon 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. Marcheta Newhohn did not have the authority to lease or encumber our sand and gravel. <br />~~~$1 <br />