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Page 2 <br />1 , <br />Letter to Russell Means <br />Re: Yule Quarry, Permit M-1999-058; Colorado Stone Quarry <br />July 21, 2009 <br />part of it is on McIntyre lands, nor to in any way to utilize McIntyre lands to create a slurry <br />settlement pond. <br />The absorption booms, of course, are not within the "affected area" subject to the Permit. Due, <br />however, to the extraordinary nature of the action taken by Colorado Stone to prevent damage to <br />the waterway and to adjacent property, we request your concurrence concerning removal of the <br />lower boom. Colorado Stone intends to leave the upgradient boom in place, which provides <br />sufficient protection for most rainfall events. <br />Some time in the last month, the McIntyres placed two locked gates (as described in their letter <br />to you dated June 30, 2009) on the public trail that crosses over Colorado Stone's property, thus <br />denying Colorado Stone access from the public trail to parts of its own land. Once we have <br />received DRMS concurrence with respect to the removal of the lower boom, Colorado Stone will <br />contact the McIntyres regarding access to their property, as necessary, for removal of the lower <br />absorption boom. <br />Colorado Stone wrote to the McIntyres on July 13, 2009, requesting access as needed for the <br />purposes of entering onto their property and assessing what would be necessary to address the <br />contentions of the McIntyres with regard to their property, including their request that debris be <br />cleared. As of July 17, 2009, based on Ms. McIntyre's response to our letter, we are hopeful that <br />Colorado Stone may ultimately be able to obtain the necessary access to the McIntyre property <br />for site assessment and remediation. <br />Please let me know if you have any remaining questions regarding these issues. <br />inc rely, / <br />d el e <br />Ronda L. Sandquist 61 <br />RLS/cb <br />cc: Kimberly McIntyre (via email: kimgmcintyrelaw.com) <br />Steve Shuey (via email: steve.shueykstate.co.us) <br />Denis Doucet <br />Francois Darmayan <br />(D0573378.12)