2021-02-12_GENERAL DOCUMENTS - M2008078 (3)

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1�l CV MARCH & OLIVE,LLC J.BRADFORD MARCH ATTORNEYS AND COUNSELORS AT LAW ARTHUR E.MARCH STEWART W.OLIVE 1312 S.College Avenue 1908-1981 FORT COLLINS,CO 80524 ARTHUR E.MARCH,JR. Daniel L.Sapienza (970)482-4322 1933-2005 FAX(970)482-5719 JOHN W.PHARRIS Retired-2019 February 9, 2021 VIA U.S. MAIL FACSIMILIE & EMAIL Division of Reclamation, Mining, and Safety 1313 Sherman St., Room 215 RECEIVED Denver, CO 80203 Re: Prowers Aggregate Operators, LLC Reclamation Permit M2008-078 FEB 1 1.2021 DMSION OF RECLAMAT ION To whom it may concern: MINING AND SAFETY Please be advised that this office represents Brian and Karen Nunnery (the Nunnerys) regarding the above referenced Permit application. The Nunnerys are landowners and business owners located within 200 feet of Prowers Aggregate Operators, LLC's (PAO) proposed mining operation. The Nunnerys do not oppose the application. However, they do have concerns about the impacts of PAO's operation and proposed expansion under Permit M2008-078 which they believe can be addressed by conditions being added to any permit issued to PAO for the expansion of its operations. The Nunnerys own and operate a retail furniture business near PAO's operation. The Nunnerys and members of their family have operated businesses in the same two locations for many years. One property is located at 9209 U.S. Highway 50 and the other is at 9800 U.S. Highway 50. Both properties are just south of the southern portion of POA's operation. The operation of the businesses predate PAO's operation. PAO's operation currently deposits a considerable amount of dust and particulates onto the Nunnerys' properties, particularly on the property located at 9209 U.S. Highway 50 which interferes with their furniture business. PAO piles large mounds of uncovered and unsprinkled sand and gravel just north of the railroad tracks which separates PAO's operation from 9209 U.S. Highway 50. Dust and particulates from the mounds create a mini-dust storm each time the wind blows, which is quite often in the Lamar area. The Nunnerys' displays of dining room, bedroom, living room furniture, and storage area receive a daily coating of dust and particulates that has to be removed on a near daily basis, which was never the case prior to when PAO beginning operations. Photographs are attached. Not only does the dust cause issues for the Nunnerys' business, it also creates a hazard for drivers on U.S. Highway 50 which is immediately to the *south of the 9209 property. Conditions must be placed on PAO by the Board requiring PAO to implement measures to reduce the amount of fugitive dust and particulates being generated by PAO's operation. An inspection and enforcement regime needs to be incorporated into the conditions to ensure compliance.