2016-04-19_PERMIT FILE - M2016010 (32)

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Mulliken Weiner Berg & Jolivet P.C. Ms. Amy Eschberger Mr. Wally Erickson April 18, 2016 Page 2 2001 as a B2 site — Very high significance. A part of that area is the Aiken Canyon preserve property, which is already being preserved by The Nature Conservancy. Aiken Canyon is a very unique property and is immediately adjacent to the land proposed to be mined. Aiken Canyon is very special due to its unique plant and abundant wildlife. It is my recollection that Buck Ingersoll, prior to his death, and his wife, Barbara Ingersoll, who lives on the Ingersoll Ranch, devoted time and significant resources to preserve Aiken Canyon, and previously assisted in a successful effort to prevent expansion of the near-by Menzer Quarry to prevent further destruction of this unique and special environment. Mr. Ingersoll's estate plan, which is embodied in the Trust, provides for expansion and further preservation of the Aiken Canyon environment. Mr. Ingersoll's Trust provides for distribution of all but 40 acres of the Ingersoll Ranch to be divided between The Nature Conservancy, to add ground to the area already preserved and protected as Aiken Canyon, and the other half to be distributed to the El Pomar Foundation, which will also preserve the land. You currently have letters of objection from The Nature Conservancy. We are authorized to indicate that the El Pomar Foundation also opposes the Application. I am not a biologist, but note for you the expertise of The Nature Conservancy and past study and work done by the late Professor Bidelman at Colorado College. I am endeavoring to obtain copies of the studies and opinions of Professor Bidelman, which you may already have in your files, and will provide those to you in the future once obtained. The State of Colorado, through its Natural Heritage Program, has identified this exact area as having "very high significance" because of its important plant and wildlife communities. It is also part of a unique and small area of Colorado where the Peaks to Plains ecosystems come together and overlap. Per The Nature Conservancy, this area "merits the highest standards of inventory and protection." This area is a very unique and unreplaceable environment which deserves to be preserved. El Paso County has formally recognized that fact in the Southwestern/Highway 115 Comprehensive Plan it adopted years ago which states: "The specific area of Aiken's Canyon is identified as a unique and significant biological resource of State-wide significance that should continue to be preserved. Preservation is not compatible with most public access, and management should maximize wildlife and scientific values."' This land is precious and rare, as has been acknowledged repeatedly. You do not reach that conclusion reading the Application. If you are not willing to accept El Paso County's opinion regarding the preservation value of this area, it would be prudent to obtain a report from an independent and qualified biologist as to whether the proposed site is in fact special and should be preserved. We would be willing to ' El Paso County Southwestern/Highway 115 Comprehensive Plan, Policy 2T Interestingly, Rose Mary Almendinger, who previously owned the site now proposed for the mine, was a member of the Southwestern/Highway 115 Citizen's Advisory Committee that wrote this plan.