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PF <br />Fgd?; JACKSONWt <br />ATTORNEYS AT LAW PLLC <br />1099 18TH STREET, SUITE 2150 • DENVER, CO 80202 • TELEPHONE: 303-390-0003 • TELECOPIER: 303-390-0177 <br />www.jacksonkellycom <br />Direct Dial (303) 390-0186 <br />rlsandquist@iacksonkellv.com <br />July 21, 2009 <br />VIA EMAIL (russ.means(i,state.co.us) AND FIRST CLASS MAIL <br />Mr. G. Russell Means <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />101 S. 3rd Street, Suite 301 <br />Grand Junction Colorado 81501 <br />/ ? <br />Re: Yule Quarry, Permit M-1999-058; (Colorado Stone Quarry); <br />McIntyre Correspondence <br />IC <br />AUG 0 3 2009 <br />Division of Reclamah0n, <br />. Mining and Safety <br />Dear Mr: Means: <br />The purpose of this letter is to respond to a letter to you from Kimberly McIntyre, dated June 30, <br />2009, concerning some aspects of the request to investigate possible off-site damage that Ms. <br />McIntyre and her husband submitted to DRMS on May 21, 2009 regarding our client, Colorado <br />Stone Quarry ("Colorado Stone"). Ms. McIntyre's statement that she has received "nothing but <br />silence from the quarry" is erroneous. To the contrary, we have exchanged numerous pieces of <br />correspondence and spoke by phone with Ms. McIntyre regarding these issues and their possible <br />resolution. <br />Ms. McIntyre first notes the purported failure of Colorado Stone to secure the trail. Colorado <br />Stone has advised the McIntyres that it does not believe it has authority to do so, absent <br />permission from Gunnison County ("County"). Conversations with the County have confirmed <br />this is also the County's opinion. <br />Ms. McIntyre also references an absorption boom placed by Colorado Stone (allegedly on <br />McIntyre property) close to the boundary line between McIntyre lands and Colorado Stone lands. <br />This absorption boom was placed as an emergency measure to protect McIntyre lands and Yule <br />Creek from slurry flows due to the extraordinarily heavy rainfall that occurred during the heavy <br />spring run-off period. Colorado Stone also placed a second boom upgradient from the boom <br />referred to. by Ms McIntyre on its own property. There was never any intention on the part of <br />Colorado Stone to leave the absorption boom in place on the McIntyre property, if in fact all or <br />RECEIVED <br />JUL 2 4 2009 1___' <br />GRAND JUNG I ION FIELD OFFICE <br />DIVISION OF <br />:RECLAMATION MINING & SAFETY <br />Charleston, WV • Clarksburg, WV • Martinsburg, WV • Morgantown, WV • Wheeling, WV <br />Lexington, KY • Pittsburgh, PA • Washington, D.C.