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., <br />~_1 III IIIIIIIIIIIII III <br />~~~~~~ <br />DAVIS, GI?AHAM 8c STUBBS LLP <br />A LIMITED LIABILITY PAgTNCRSNIP <br />ATTORNEYS AT LAW <br />SOITE 1]00 <br />3]O SEVENTEENTH STRCCl <br />DENVER, COLORADO 00202 <br />1uAILIHG POORE55 <br />POST OFFICC BOR 165 <br />DENVER, COLORADO 0 02 01-010 5 <br />TELEPHONE ]03092-8100 TELE% 11J]26 DG6 DVR UD <br />FAC61M1LC ]O]-6DJ~IJ)9 C/BLC OAV GRAN, DENVER <br />Via Hand Deliverv <br />September 16, 1996 <br />Ms. Christina I{anwikar <br />Environmental Protection Specialist <br />Colorado Division of Minerals & Geology <br />1313 Sherman Street <br />Room 215 <br />Denver, Colorado 80203 <br />WPSNIMOTON DC OFFICC <br />SUIT[ 1200 <br />1225 NCW YORM AVENUC- N W. <br />WASHINGTON. O C 20005'J919 <br />TCLCPNOnE 202-6226660 <br />FACSIMILC 202-29J-9J99 <br />r~r r`CI~/~-~ <br />Sf.P 1 ~ 1996 <br />p;e!:;jl~ u1 Idirl'J~'_13 r_ l:C^.'o?~ <br />Re: Proposed L.G. Everist Sand & Gravel Operation <br />Dear Ms. I{amnikar: <br />Our firm, Davis, Graham & Stubbs, represents Ms. Gertrude Young who <br />owns property on the east side of Highway 9, duectly across the road from L.G. Everist's <br />proposed sand and gravel operation. Ms. Young also owns the property where the present <br />L.G. Everist sand and gravel operation is located. <br />Ms. Young objects to the Division of Minerals & Geology granting a permit <br />for L.G. Everist's proposed operation until L.G. Everist ensures the proper and thorough <br />reclamation of its existing sand and gravel operation. L.G. Everist's current operation is <br />located on what was previously a pristine hay meadow. Although the existing sand and <br />gravel operation must be reclaimed as lakes, ponds, and wetlands rather than a hay meadow, <br />Ms. Young fully expects L.G. Everist to leave the land as free of impurities as when it <br />began operations. <br />Ms. Young is concerned over a series of possible problems with the existing <br />operation. First, it is our understanding from conversations with Gary Curtiss of the <br />Division of Minerals and Geology that a hydrocarbon release was located in the north pond <br />of the existing operation. Apparently this release was the result of past asphalt operations <br />conducted by Carl's Construction. L.G. Everist allowed Carl's Construction to operate on <br />the property and is fully responsible for any problems created by the operation. L.G. Everist <br />should not be allowed to pursue a new operation unless it provides satisfactory evidence that <br />the soil and water is free from any hydrocarbons. Second, Ms. Young and others have <br />