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JUL 19 2001 4:37PM 2539 SPRUCE STREET OFFICE 3035419486 p.2 <br />GILBERT Y. MARCHAND, JR. <br />ATTOENEY AT LAW <br />2539 Spruit S/rtes. 9nite ZBO • Htnideq CO 80302 <br />phone: 343.444.4256 • hm 303.341,9466 <br />email: tymla avOeanhnet.oet <br />July 19, 2001 <br />Mr. Tony Waldron <br />Colorado Division of Minerals and Geology <br />Room 215 <br />19 ] 3 Sherman Street <br />Denver, CO 80203 <br />Re: Ob,~ction to Regular 112 Permit A,gglicagen Filed by Owens Brothers <br />Concrete Com~anv for the Nix ProRprty is Weld Counri <br />Dear Mr. Waldron: <br />On behalf of the property owners identified in the attachment to this letter, and in <br />compliance with Subsections 1.7.1 and 1.7.4 of the Construction Materials Rules and Regulations, <br />and pursuant to C.R.S. 34-32.5-114, I am submitting this written objection to the regular 112 permit <br />application tiled by Owens Brothers Concrete Company with respect to the proposed gravel piton <br />the Nix property in Weld County near Platteville. For ease of reference, the property owners on <br />whose behalf this letter is being submitted will be referred to herein as the "Wilson Farms group:' <br />Themost pressing concern ofthis group is the adverse impacts thatthe proposed gravel pit will have <br />on their iaigation and/or domestic wells. The permit cumbers and locations ofthe various wells of <br />this group are identified in the attachment to this letter. <br />The application submitted by the Owens Brothers Company fails to address the <br />impacts to [he Wilson Farms group's wells. The application refers to a temporary substitute supply <br />plan for which Owens Brothers is seeking approval from the State Engineer's office. However, the <br />application fails to show how groundwater levels will be maintained as required in the substitute <br />supply plan process and as required by the Colorado Land Reclamation Act. See C.R.S. § 34-32.5- <br />116(4}(h) ("[d]isturbances to the prevailing hydrologic balance of the affected land and of the <br />surrounding area and to the quality and quantity of water in surface and groundwater systems, both <br />during and after the mining operation and during reclamation, shall be minimized. Nothing in this <br />paragraph ... shall be construed to allow the operator to avoid compliance with other statutory <br />provisions governing well permits and augmentation requirements and replacement plans when <br />applicable.")See also Section 3.1.6 ofthe Colorado MinedLandReclamationBoard's Construction <br />Materials Rules andRegulations (hercinafterreferredto as the "NLRB Construction MaterialsRules <br />and Regulations"). <br />The application materials aisorefer to the need fora "gravel well permit." However, <br />the application fails to show how injury to wells within 600 feet will be prevented in the proposed <br />gravel pit operations. In fact, the application fails to include any adequate discussion of well <br />impacts. Both the well permit hearing process and dle Colorado land Reclamation ACt require <br />