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Apr 19 2006 t2: 44PM HP LflSER.IET FAX <br />April 19, 2006 <br />Kate Pickford <br />Division of Minerals and Geology <br />701 Camino Del Rio <br />Durango, Colorado 81301 / <br />RE: Allen Drilling & Excavating File No. M-2005-080 <br />Response to Minerals Issue <br />Dear Ms. Pickford, <br />780 922-0534 <br />p.1 <br />~~~~~ ~/-2s~ir',~.~ <br />!~t?ceived <br />APR 1 '.;+ ~CGo <br />burangc Field Oftce <br />Risnsion of Mincuats & Geology <br />The applicant, Jack Allen, maintains that he has the right to extract sand and gravel on the <br />subject property due to the following conditions and observations: <br />• During the course of purchasing the property from Bruce Plankington, warranty <br />deeds and title work did not reveal claim to sand and gravel reserves. <br />• The current wan•anty deed is written without exceptions or mention of severed <br />sand and gravel rights. <br />• It was required of Mr. Allen to make public notice, in a local newspaper, his <br />intent to claim sand and gravel rights during the Park County wne change <br />procedure. During the required public comment period, no party came forwazd <br />claiming sand and gravel rights. <br />• Pazk County granted Mr. Allen the right to develop the sand and gravel reserves, <br />accepting the public notice procedure and results. <br />• The 1874 and 1963 documents menion minerals, oil and gas which typically refer <br />to coal and precious metals such as gold and silver. Mr. Allen is not interested in <br />developing "minerals" as referred to in these documents and doubts that such <br />minerals would exist within the 10 feet he intends to impact. <br />• The adjacent gravel pits operated by Pazk County lie within the same claim <br />described in the 1874 and 1963 documents. Park County is extracting sand and <br />gravel, hence the name Ansley Pit used by Park County. <br />Respectfiilly submitted, <br />~~ <br />Ange a Bellantoni <br />