2019-07-16_PERMIT FILE - M2019035

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I Ducray Pit#2; Permit#:M 2019 035; Operator/Applicant Martinez Western Constructors, Inc. ..:"Excavation...Shall not be permitted within thirty (30) feet of a boundary of an adjacent property, easement,...unless by written agreement of owner of such...". The Mary Ann Sink Trust 60122 1/2 Road property line and fence is less than 30' from the mining excavation. Two recorded easements were impacted by removing borrow material — mining on top of, as follow. The property at 580 22 1/2 Road contains a permanent 30 foot easement for roadway purposes on the West side (Source: Book 1985 Page 447:signed 16th day of June 1993 and recorded 06/21/1993 Mesa County Clerk and Recorder). The property at 580 22 1/2 Road contains a communication easement (Wentronics, Inc., d/b/a Comtronics cable TV) of twenty (20) feet (Source: Book 936, Page 428 Date Jun 23, 1969 Mesa County Clerk and Recorder). See Attachment C. Recorded Mesa County and City of Grand Junction roadway easements were impacted when the operator place asphalt milling on 22 1/2 Road before and after mining. Xcel energy has a recorded easement. The application does not show these recorded easements in the mapping. Adequate storm water controls should be installed in the ephemeral drainage. It appears the proposed storm water controls are less than fully adequate. Major storm water events occur every 50 to 100 years or sooner, and runoff cannot be adequately measured in a short period of geologic time such as 15 months since the mining occurred. Storm water permits need to be obtained from the State of Colorado (Department of Health - Water Quality Control Division). The excavation was within 10 feet of an existing septic leach field. See Attachment C. An observation from the Division with an inspection date of April 20, 2018, states, "Excavation was also within 10 feet of a septic leach field." The long-term potential impacts of the proximity of the leach field to the excavation have not been evaluated or addressed. An adequate geotechnical study has not been provided. The "Limitations" and lack of specifics in the Kramer and Associates letter of June 10, 2019, were noted. The review also referred to an "attached Figure 1 - Exhibit- Mining Plan 1 (aka Figure 1)" which is one of the 2015 maps in the application that are inaccurate in depicting the area impacted by extraction and in depicting the conditions of the site just after mining see attachment D (Page 1 of 2). The Huddleston-Berry "Cut (Page 3 of 21) Comments &Attachments from Mary Ann Sink Trust; 601 22 '/2 Road