2013-07-16_PERMIT FILE - M2013007

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V� 4 G" /6 W July 11, 2013 Mr. Zane Luttrell Rocky Mountain Aggregate & Construction 23625 Uncompahgre Road Montrose, Colorado 81401 RE: Proposed Structure Agreement Dear Mr. Luttrell: I have been retained to represent Janice Wheeler regarding the Structure Agreement which you have proposed in a June 2013 letter to my client. I understand that this Agreement is to be used to satisfy your pending permit application with DRMS. Ms. Wheeler cannot agree with the proposed Structure Agreement for the following reasons: a. Although the Agreement addresses the small and accessory wooden cabin located on T Road, it fails to mention Ms. Wheeler's larger home and out - buildings, which are also adjacent to T -Road. b. Ms. Wheeler has a catering business which relies on organic produce grown on her property. Ms. Wheeler's extensive gardens are located along T Road and would likely be damaged by your proposed mining activities. c. Ms. Wheeler's business will be detrimentally affected by the mining operations because it will endanger her ability to provide for the sanitary preparation of food for public consumption, which is incompatible with adjacent dust and debris. While my client understands that the Structure Agreement focuses on the stability of structures, the above named concerns, and many others, prevent her from entering into the Agreement with Rocky Mountain Aggregate. Ms. Wheeler and her neighbors adamantly oppose your application for a large industrial and mining operation adjacent to their properties and maintain that this operation is contrary to existing Montrose County zoning regulations regarding agriculture /residential uses. The plans for your property will constitute a "takings" of nearby homeowners' property rights and will forever destroy the peaceful and rural quality of life of the adjacent residential area. Susan C. Baker RECEIVED Attorney at Law 555 Sabeta Drive Ridgway, Colorado 81432 JUL 16 2013 970-526.3594 970-318-6903 DMSION OF RECLAMATION MINING AND SAFETY July 11, 2013 Mr. Zane Luttrell Rocky Mountain Aggregate & Construction 23625 Uncompahgre Road Montrose, Colorado 81401 RE: Proposed Structure Agreement Dear Mr. Luttrell: I have been retained to represent Janice Wheeler regarding the Structure Agreement which you have proposed in a June 2013 letter to my client. I understand that this Agreement is to be used to satisfy your pending permit application with DRMS. Ms. Wheeler cannot agree with the proposed Structure Agreement for the following reasons: a. Although the Agreement addresses the small and accessory wooden cabin located on T Road, it fails to mention Ms. Wheeler's larger home and out - buildings, which are also adjacent to T -Road. b. Ms. Wheeler has a catering business which relies on organic produce grown on her property. Ms. Wheeler's extensive gardens are located along T Road and would likely be damaged by your proposed mining activities. c. Ms. Wheeler's business will be detrimentally affected by the mining operations because it will endanger her ability to provide for the sanitary preparation of food for public consumption, which is incompatible with adjacent dust and debris. While my client understands that the Structure Agreement focuses on the stability of structures, the above named concerns, and many others, prevent her from entering into the Agreement with Rocky Mountain Aggregate. Ms. Wheeler and her neighbors adamantly oppose your application for a large industrial and mining operation adjacent to their properties and maintain that this operation is contrary to existing Montrose County zoning regulations regarding agriculture /residential uses. The plans for your property will constitute a "takings" of nearby homeowners' property rights and will forever destroy the peaceful and rural quality of life of the adjacent residential area.