Laserfiche WebLink
WOLCOTT RANCHES <br />39716 HWY 160, BOX 390 <br />MANGOS, COLORADO 81328 <br />LIMOUSIN BREEDERS <br />BETTY & DEAN WOLCOTT <br />303 5337307 <br />December 1, 1994 <br />Mined Land Reclamation Board <br />Division of Minerals and Geology <br />]313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />b~~~ <br />MANAGER • GILMER L RCKENS <br />303 5337639 <br />BOOKKEEPER • ROBIN D. WOLCOTT <br />303 5337526 <br />~_., <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 oa 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 states 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 dle sand and gavel <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 entertd onto our property and <br />conducted location specific evaluation of our gavel resources. The operations thaz 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 ]ands, we are the sole parties with authority to lease <br />these substances for commercial exploitation. In support of his application Mr. Kinney has <br />attached an "Oil, Gas and Minerals Lease" issued by Marchetti Newholm to Mr. Kinney on <br />February 1, 1994. Tha[ document purports to lease an undivided one-half interest in "gas, oil, <br />coal, carbon dioxide, minerals, other hydrocarbons and including gravel, mineral substances and <br />mineral aggregates" underlying approximately 108.33 acres in the SW/4 of Section 1, T35N, <br />R 14W. Marchetti Ncwholm did no[ have the authority to lease or encumber our sand and gavel. <br />00326 <br />