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<br />Division of Reclamation, Mining and Safety <br />October 27, 2021 <br />Page 5 <br /> <br /> <br /> <br />3601176.2 <br />timing and extent of the proposed mining operations are themselves so unclear on the face of the <br />Application. Without any estimated timetable for this work, it is impossible to evaluate the <br />viability and potential efficacy of the reclamation plan. In the interim, the still-unreclaimed <br />operations will continue to create significant negative impacts for surrounding land users, <br />including dust, noxious weeds, and potential environmental hazards from unprocessed waste and <br />indefinitely stockpiled materials. The reclamation plan assumes that the waste piles and <br />reclamation materials will be chemically inert and will not require any additional processing or <br />cleanup, but there is no support for or discussion of these critical assumptions. <br />Protect the Hogback will present each of these objections in more detail at the Hearing <br />requested below. Protect the Hogback reserves the right to further object to any additional <br />information that Acme Brick Company might submit in support of its Application and/or in <br />response to the many Staff comments that presently remain unresolved. <br />2. Protect the Hogback’s Petition for Hearing <br />Protect the Hogback is a party to the Application because Acme Brick Company’s <br />proposed expansion threatens the environmental, aesthetic, and recreational amenities that Protect <br />the Hogback was formed to protect through conservation. Furthermore, many of Protect the <br />Hogback’s supporters live and work in the immediate vicinity of the Acme Brick Company <br />operation and will be directly impacted if the Application is approved. These impacts include but <br />are not necessarily limited to economic impacts, including a negative impact on neighboring <br />property values, and a direct threat to the conservational interests of Protect the Hogback and its <br />many supporters. Accordingly, Protect the Hogback respectfully requests that the Board set this <br />matter for hearing consistent with Rules 1.4.9, 1.7.1, and 1.7.4. <br />* * * <br /> On behalf of Protect the Hogback, we thank the DRMS, including all Staff and the Board, <br />for its careful consideration of these critical issues. Please contact me if there is anything further <br />that we should discuss or if the Board requires any additional information in advance of its hearing <br />on the Application. <br /> Sincerely, <br /> <br />James R. Silvestro <br />Enclosure <br />Cc: Michael Cunningham (michaela.cunningham@state.co.us) <br /> Camille Mojar (camille.mojar@state.co.us) <br /> Eric Scott (eric.scott@state.co.us)