2016-07-08_PERMIT FILE - M2016010 (5)

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operator would have to remove the blockage and/or repair the damage during the period that this lengthy investigation and enforcement process is underway. During an extended period of time, our road might be obstructed or unsafe to use. I understand from reviewing mining law that Transit Mix will be required to get structure agreements from the owners of the easement for the portion of the road and the culverts that lie within 200 feet of the affected lands. In the future, Transit Mix would be required to compensate us for damage to the road if we can prove that their operations caused the damage. However, being forced to prove that the operator is responsible for the damage will place a huge financial burden on the easement owners for legal expenses and, possibly, technical experts. Furthermore, a portion of the easement road within Section 16 downstream of the quarry is outside of that 200 foot area and would not be covered by those structure agreements. That portion of the road is particularly vulnerable to flood damage because the canyon narrows dramatically below the proposed quarry operations area and some portions of the road run just a few feet above the creek bed. Since my previous objection letters, I have also talked with the civil engineer who designed the culverts that the easement owners installed in the four stream crossings within Section 16. I understand from that conversation that the vegetation cover within the quarry operations area will be permanently altered by the quarry operations and subsequent reclamation. During the period that the quarry pits have bare rock exposed, the amount of run-off from storms will be significantly increased. Water management structures may somewhat mitigate the run-off, but MAY also fail if they are inadequately designed. Furthermore, those water management structures will be removed during reclamation. Vegetation proposed for reclamation will be less absorbent than current vegetation, as suggested by the vegetation curve numbers that Transit Mix used for its design of the water management structures. As a result, the expected amount of Flood run-off will be increased within the quarry operations area even after the area is reclaimed, which will therefore increase the risk of blockage or damage to our easement road FOREVER. Transit Mir may agree to assume responsibility for repairing damage to the road and culverts during the life of the quarry. However, Transit Mix is only leasing the land and will therefore be out of the picture after the quarry closes. At that point, who will assume responsibility for repairing flood damage to the road caused by the permanent alteration of the quarry area? The land owner? The easement owners have had an ongoing battle with the owners of Hitch Rack Ranch for the past forty years as we have attempted to maintain and improve our easement road. Blockage and maintenance of the easement road could become an absolute nightmare for the easement owners, not just during the proposed 55 year life of the mine, but FOREVER. Granting the application would clearly violate the express language in the 1968 court decree and long standing Colorado easement law. If the application is approved, we and other property owners within the Eagles Nest subdivision will almost certainly proceed with legal action Sincerely, kw '�) 6 Nancy Reed 4848 Little Turkey Creek Road Colorado Springs, CO 80926 Phone: 719-445-2030