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II- II II - ~ - - - - - - - - - - - ~ ~ ~ Synopsis of Oral Arguments in_Opposition to Une Camp Gravel Pit Application #M.2001-001 Before the Mined Land Reclamation Board May 23, 2001 This writer argued issues of cottonwood tree mortality, water quality impacts and water quality enforcement failures of the Colorado Water Quality Control Division as they pertained to the validity of data used by the Division of Minerals and Geology. Cottonwood Tree Mortality Cottonwood tree mortality is an unfortunate reality of gravel pit mining resulting from depletion of the water table during mining operations. The applicant, Four States Aggregates, presented inaccurate and unsub. stantiated information that cottonwood trees could tolerate a ten foot drop in the water table without harm. This is refuted by evidence presented ' by the opposition, ~ncluding a study by the USGS showing water table declines of as little as two feet will cause mortality ( copy attached ), and photographs taken of substantial numbers of dead cottonwood trees surrounding the Koenig and Sunnyside pits located downstream from the proposed Line Camp Pit. Furthermore, the applicant after reviewing this new information which was not addressed at all by the DMG, agreed to having a similar USGS study conducted at his proposed Line Camp pit. The MLRB Board declined to discuss or consider this proposal further, again indicating their unwillingness to fairly consider all the issues. Neither did they allow testimony on collateral cottonwood damage to adjacent private and federal lands. The real issue here is that substantial loss of cottonwood trees along the riparian areas of the river increases the flood threat, causes soil erosion and increases silt loads in the river and the downstream Mcphee Reservoir. Dolores River Water Quality Issues It was argued that conclusions by the Division of Minerals and Geology regarding" no water quality issues of concern" were based on falsified, invalid and irrevelant data and that some of the data was outside the reach of the proposed Line Camp site. Specifically, the DMG used water quality monitoring data obtained from a site approllimately 70 miles downstream from the proposed Line Camp site and failed to take into account the dilution effect of the many downstream tributaries that flow into the Dolores River. The DMG staff relied on effluent data from the Tam/Koenig gravel pit which does not hold up to statistical scrutiny in drawing their conclusions.