2016-09-14_PERMIT FILE - M2016010 (4)

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RECEIVED 9 September 2016 SEP 14 2016 DIVISION OF RECLAMATION Colorado Division of Reclamation, Mining and Safety MINING AND SAFETY 1313 Sherman Street, Room 215 Denver, CO 80203 Ms. Amy Eschberger: Subject: Letter of O related to Mining Permit M2016010 This letter of objection documents my continued concerns about the permit, based on my review of the adequacy reviews and the Transit Mix responses to those reviews. 1) Our ingress/egress road easement is documented in our deed and its specific location and width are defined in a 1968 court decree. I continue to believe that obstruction of our easement by quarry operations will be contrary to Colorado easement law. I will defer to Carrie Bernstein to present the legal case about our road easement. 2) Transit Mix has still not demonstrated that the portion of our easement road within the affected land shall not be damaged by quarry operations. • Damage from Blasting I continue to be concerned about potential damage to our road from flyrock and rockfalls caused by blasting. Portions of our road within the affected land will be directly below the proposed quarry pits and well within the radius for flyrock. Furthermore, Transit admits that"Human activities, including blasting, can cause rock to fall earlier than they would naturally." Although blasting may not be the root cause of the rock fall, it may be the triggering event. In one place in their response, Transit Mix indicated that the blast guards would check our road after blasting and that Transit Mix would remove any rocks. In another place, Transit Mix only indicated that they would "have the equipment available to remove any rocks". It is unclear whether Transit Mix has definitely committed to removing rocks blocking our road or not. • Damage from Flooding. Today's topography within the area of the proposed mine includes numerous ridges and draws. Mining will remove all of these ridges and draws and create three large "pits". The proposed storm water management structures will redirect the drainage within each pit and will dramatically affect the drainage patterns within the quarry operations area. Water will be flowing down a much more limited number of paths into the creek,thereby increasing the volume of water flowing down each of those paths. Removal of vegetation from the quarry pits will further increase the volume of water flowing down these new drainage paths. Wherever one of these new drainage paths crosses our road on its way to the creek, there is the risk for greater road damage from flooding. Figures in Exhibit G show a number of storm water management structures. In a number of cases, it appears that drainage ditches and impoundment pond outlet culverts will cross over(or under) Little Turkey Creek Road. Of particular concern: • How-ditches along the haul roads within the quarry operations area will drain into the creek • How impoundment ponds will drain into the creek • How the ditches created during reclamation will drain into the creek