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GEORGIA NORIYUKI <br />NORIYUKI & PARKER, P.C. <br />ATTORNEYS AT LAW <br />POST OFFICE BOX 949 • 365 E. AGATE AVE., UNIT A <br />GRANBY, CO 80446-0949 <br />TELEPHONE (970) 887-2121 <br />FACSIMILE (970) 887-9990 <br />May 8, 2015 <br />CERTIFIED MAIL RETURN RECEIPT REQUESTED <br />ITEM NO. 7008 1830 0000 5540 1624 <br />Mr. Todd E. Hammerlund <br />P.O. Box 960 <br />Grand Lake, CO 80447 <br />-1�e: Elizabeth McIntyre <br />Dear Mr. Hammerlund: <br />RECEIVED <br />-FAY 12 2015 <br />DIVISION OF RECLAMATION <br />MINING AND SAFETY <br />FRANK M. PARKER <br />I represent Elizabeth McIntyre. Ms. McIntyre is a long-standing, highly regarded member of this <br />community. She is well known and held in the highest esteem by all. Her reputation is <br />impeccable. You have knowingly and intentionally made false statements about Ms. McIntyre <br />which constitute actionable defamation, and you have also made a false report to local law <br />enforcement. <br />You know many of the statements that you made to Deputy Yurich were patently false. What <br />you apparently did not recognize is how simple it is to prove your statements to be false; simple <br />facts like the small amount of time that Ms. McIntyre and "the small white vehicle" have <br />actually been in the county over the past five months. You told the deputy that your problems <br />started in December, 2014, but you didn't own the property in December. <br />The statements of your driver, Mr. Gonzales, are also false. Your driver did not see her the <br />morning of April 30th. She did not cut in front of him. Ms. McIntyre has never cut in front of <br />any of your trucks or driven reckless around them. Your exaggeration of the truth is foolhardy, <br />but at the same time damaging to Ms. McIntyre. In court, it will be your burden of proving your <br />statements by a preponderance of the evidence. It will be impossible, and, on cross examination, <br />your lack of credibility will become apparent. <br />One has to wonder if your false reporting is in retaliation of the recent complaint made by Ms. <br />McIntyre about the numerous violations of State Reclamation Permit M2004-017 and the Willits <br />Company Inc Special Use Permit. Personal attacks such as your defamatory statements are not <br />only unprofessional, but will prove to be an unsuccessful strategy in avoiding your <br />responsibilities under the permits. You have made personal what should have been maintained <br />on a business level. Should you and your driver continue making slanderous statements, and <br />