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~II ~I~II~II~~~~~~I~ <br />999 n <br />. ,j(i"...... vi•v~wn, P.~. <br />ATTORNEYS AT LAW <br />C. JOSEPH CROKER• 600 ALPINE BANK BUILDING MOAB, UTAH, OFFICE <br />CHRISTOPHER G. McANANY 225 NORTH FIFTH STREET' 8 SOUTH 100 EAST <br />JERRY W. CRIST- P.O. BOX 2202 MOAB, UTAH 84532 <br />GRAND JUNCTION, COLORADO 81502-2202 (801) 259-5401 <br />•nlso odmitted in Utnh (970) 241-1616 RF~ <br />TELECOPIER (970) 241-9579 FBI/ , <br />February 27, 1996 FfB Zy ~ ~~ <br />Divisip~ of MiRerais & Gep%9Y <br />Mr. Michael B. Long <br />Colorado Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: P1-94-OI1, West Sad Gravel Pit No. 1 <br />Surface Mining Permit <br />Dear Mr. Long: <br />My office represents Marion E. Shaw and the Bernice P. Houser <br />Revocable Trust, two owners of mineral interests for patented <br />placer mining claims in western Montrose County, Colorado. These <br />parties have been involved in litigation with Sutherland Bros., <br />Inc. and West End Sand and Gravel, Inc., in connection with a <br />gravel pit operated by those parties on a part of the placer mining <br />claim and which is permitted to do so by your agency. My clients <br />have asked me to write to you with regard to misstatements they <br />believe were made in the permit application submitted by West End <br />sand and Gravel, Inc. <br />Enclosed please find the Order issued by Judge Brown of the <br />Montrose County District Court. That specific Order denied an <br />injunction to my clients to halt ongoing gravel extraction <br />activities on the property. However, the Court did recognize the <br />validity of the mineral interest held by Shaw and Houser, among <br />others. Mr. Shaw asked that your office be provided with a copy of <br />this Order. In addition it became apparent that West End may not <br />have been completely truthful to your agency in its permit <br />application with regard to the ownership of the subsurface rights <br />on the property that is subject to the permit application. The <br />license application attached hereto designates Silver Hawk, Ltd., <br />as the owner of the subsurface rights. While it is true that West <br />