2017-12-21_PERMIT FILE - M2017049 (105)

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Mullihen Weiner Berg & Jolivet P.C. Ms. Amy Eschberger December 19, 2017 Page 3 management should maximize wildlife and scientific values."' This land is precious and rare, as has repeatedly been acknowledged. The Second Application understates the significance and value of the land. If El Paso County's opinion regarding the preservation value of this land is not sufficient, it would be appropriate for CDRMS to commission a report from an independent and qualified biologist as to whether the proposed site is in fact special and should be preserved as one of Colorado's natural resources. We would be willing to provide more detailed information about the proposed land to be mined if you can provide us with lawful access to do so. Our prior requests for access to the property addressed to Transit Mix were not granted. While we value mining and making productive use of our natural resources in Colorado, certainly there are other areas where granite can be found and extracted without destroying permanently a very unique, precious and valued environment. Per Section 34-32.5-102 of the Colorado Land Reclamation Act for the Extraction of Construction Materials, it is also a goal that we "conserve natural resources, aid in the protection of wildlife and aquatic resources, establish agricultural, recreational, residential, and industrial sites, and protect and promote the health, safety, and general welfare of the people of this state." Denying this Second Application is the appropriate action and would be consistent with those goals and values. Impact to Hydrologic Balance The Second Application does not adequately demonstrate that disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area will be minimized. Numerous homes surround the proposed minin6 site. Many of those homes obtain their water from fragile wells which draw their water from water deposits in the fractured granite system. Water is scarce in this area, and the water upon which those wells rely is collected and delivered to the wells by the fractured granite deposit which the mining operation would permanently destroy and remove. The Second Application admits that at least three domestic wells located southwest of the proposed mining area might be impacted by quarry operations. We dispute that the impact will be limited to three homes and that the impact will be only minimal, as asserted. Destruction of the water supply to existing homes is unacceptable and does not meet the obligation to minimize impact on the hydrologic balance. A promise to dig a replacement well if damage occurs is not acceptable, as the evidence shows that digging wells in this area is a very uncertain endeavor today, and would be made even less certain if the granite deposit which is the water collection and delivery system was permanently removed. We do not believe the information provided by Transit Mix is sufficient or can be relied upon. The proposed ground water monitoring wells will not predict or prevent the damage which predictably will occur and will be permanent once it occurs. The Ingersoll Ranch is served by a well completed into the 1 El Paso County Southwestern/Highway 115 Comprehensive Plan, Policy 2.J. 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.