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If the road is damaged in the future and the landowners are then forced to prove that the quarry <br /> operations were responsible for that damage, the legal expenses and expenses for hydrology and <br /> geotechnical experts would be an additional financial burden on Eagles Nest landowners. <br /> "Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the <br /> Extraction of Construction Material" defines "Structure, Significant, Valuable and Man-made" <br /> as <br /> " a nonportable improvement to real property which has defined, current and <br /> recognizable value of an economic nature; generally including but not limited to: <br /> buildings, houses, barns,fences, above or below ground utilities, irrigation ditches, <br /> maintained or public roads, bridges, railroad tracks, cemeteries, communication <br /> antennas,pipelines, water wells, water storage structures, discharge and conveyance <br /> structures, etc. <br /> From this definition we conclude that maintained or public roads are included within permanent, <br /> man-made structures. Little Turkey Creek Road is a private road maintained by Eagles Nest <br /> landowners. While that road may appear to be an"unimproved road"to outsiders, over the past <br /> forty years, Eagles Nest owners have spent tens of thousands of dollars on legal expenses related <br /> to the use of that road as an ingress/egress easement as well tens of thousands of dollars on <br /> improving, repairing and maintaining the road. That road has considerable value to these <br /> owners. <br /> Instructions for Exhibit S related to Permanent Man-Made Structures state that" <br /> "Where the mining operation will adversely affect the stability of any significant, valuable <br /> and permanent man-made structure located within two hundred(200)feet of the affected <br /> land, the applicant may either: <br /> (a) provide a notarized agreement between the applicant and the person(s) having an <br /> interest in the structure, that the applicant is to provide compensation for any damage <br /> to the structure; or <br /> (b) where such an agreement cannot be reached, the applicant shall provide an <br /> appropriate engineering evaluation that demonstrates that such structure shall not be <br /> damaged by activities occurring at the mining operation <br /> Little Turkey Creek Road, which runs right through the middle of the quarry operations area is <br /> not mentioned within Exhibit S as a permanent structure impacted by quarry operations. We <br /> believe that the road is at risk of damage due to landslides and flooding caused by quarry <br /> operations. No effort has been made by Transit Mix to discuss an agreement with Eagles Nest <br /> landowners concerning compensation for future damages to the road. <br /> 3.2 Cost of Repairing Property after Flood Events <br /> Catastrophic flood events, which may be more frequent or more severe due to removal of <br /> vegetation within the Little Turkey Creek watershed,may damage property and houses located <br /> outside the canyon along Little Turkey Creek. Figure 16 shows a small segment of the 2011 <br /> Mount Big Chief Colorado Map. The blue line is Little Turkey Creek. The white line is Little <br /> Turkey Creek Road. The green oval highlights properties located at the mouth of the canyon <br />