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 4 those and my conversations with Buck Ingersoll can confirm the statements that the deer, elk, bobcats, mountain lions, elk, black bear, coyote, fox, a multitude of small mammals, a wide variety of birds of prey and a huge wild turkey population thrive in this location. I have never been on the Ingersoll Ranch when I did not encounter wild turkeys -- they are in abundance. This wildlife is dependent upon the water, protection and the important and unique migration routes that Little Turkey Creek provides. Even the Application admits that the proposed site is a migration corridor for elk and habitat for the endangered Mexican spotted owl. The quarry plan will essentially cut off and thus threaten this critical wildlife resource. Significantly, both the statutory provisions and the applicable Rules and Regulations require that the safety and protection of wildlife be considered in the application process. See C.R.S. § 34-32.5-102 and 2 CCR 407-1, Rule 3.1.8. Impacts to Water Resources The Ingersoll Ranch is served by a deep well into a rare aquifer. What is certain about this area generally is that water is scarce and the water supplies are critical. We have not had the opportunity to consult an expert regarding water issues, but believe that there is risk to the water supplies due to the excavation and blasting. The area has may fractured granite structures which could be disturbed and altered from blasting, with potential adverse impact to existing shallow and perhaps deeper aquifers. The Application hardly mentions or addresses ground water which is a concern because all the residents in the vicinity of the proposed mine and in the Highway 115 corridor use fragile aquifers and wells for their domestic water supply. Further study of this issue is merited. Reclamation Reclamation is always a challenge, and the struggle that Transit Mix has had with the scar on the north side of Colorado Springs is a living example. While Transmit Mix has a proposed reclamation plan, from our reading of the plan and the review of the plan by others with greater expertise, it is clear that it does not propose to return the quarry site to the unique and pristine eco system and environment that exists today. Statutory provisions require that the reclamation plan provide for revegetation that is at least equal to the natural vegetation of the surrounding area — a requirement that is virtually impossible given the special and unique characteristics of the area. See C.R.S. § 34-32.5-116(4)(f). It would appear that the proposal is to provide some "generic" revegetation, and not provide for the diverse and unique species that exist and make that area special today. While the ultimate success of the proposed reclamation is questionable itself, it is clear that even under the best assumptions, we would be losing forever this special and unique eco system which has previously been determined to be worthy of preservation. That would be a sad day and a bad mistake by Colorado if the Application were to be approved.