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2020-04-06_PERMIT FILE - M2019054 (2)
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2020-04-06_PERMIT FILE - M2019054 (2)
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Last modified
12/27/2024 6:46:14 PM
Creation date
4/7/2020 5:02:05 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M2019054
IBM Index Class Name
Permit File
Doc Date
4/6/2020
Doc Name
Comment
From
Skull Creel Residents
To
DRMS
Email Name
SJM
Media Type
D
Archive
No
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Colorado Parks and Wildlife—whose job it is to know their district,the wildlife contained in it and their <br /> behavior, habitat and needs. <br /> The Skull Creek Residents live in Skull Creek, in part, because of the close proximity to the majestic <br /> wildlife that exists in the area, and the Residents treat the local wildlife with respect and care, and <br /> strive to make as little impact as possible to their habitat. <br /> For all of the reasons stated in Section 4,above,the Skull Creek Residents strongly oppose the <br /> operation of a Strip Mine in the proposed area,and strongly support the position taken by Colorado <br /> Parks and Wildlife, as such a disturbance as proposed by the Strip Mine will adversely affect the elk <br /> and deer winter range and cause the wildlife significant damage. <br /> S. AS TO THE IMPACT ON VALUATION OF THE SKULL CREEK RESIDENTS PROPERTIES, BOTH <br /> TANGIBLE AND INTANGIBLE, INCLUDING "STIGMA". <br /> Skull Creek Residents specifically oppose the operation of a Strip Mine in the Skull Creek area based on <br /> the devaluation of property that Skull Creek Residents will suffer as a result of being in close proximity <br /> of the Strip Mine, and the adverse stigma of living adjacent to or in proximity to a strip mine will cause <br /> a diminution of value that cannot be reversed and cannot make the homeowners whole. <br /> Any potential buyer seeking land in a quiet, peaceful rural area will most certainly not choose to <br /> purchase a piece of property adjacent or near an operating strip mine, with massive, noisy, emission <br /> spewing heavy equipment challenging residents for use of the road. The introduction of a strip mine in <br /> the Skull Creek area will most certainly have an adverse effect on the value of the property, and will <br /> create a "stigma" about the area. <br /> The Colorado Supreme Court in Bd. Of County Commissioners v. Slovek, 723 P.2d 1309 (Colo. App. 1990) <br /> suggests that stigma damages may be allowed if repair of diminution in value damages cannot make a <br /> plaintiff whole. <br /> SUMMATION: <br /> For all of the reasons set forth above in Sections 1 through 5,the undersigned,Skull Creek Residents <br /> strongly oppose the Strip Mine's construction and operation of a strip mine on the subject property <br /> owned by the State of Colorado and located in the middle of the Skull Creek area. <br /> The signature pages attached below, singularly and in counterpart, are incorporated in and become a <br /> part of this Objection. <br /> Dated: March 22, 2020 <br /> Skull Creek Homeowners Objection <br /> March 17, 2020 <br /> Page 8 <br />
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