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i~ STD III III III III IIII III i • n v DEPARTMENT OF NATURAL RESOURCES D. Moore Pascoe, Er ecu rive Director M1NED L.~ND RE(:LAA'lA'I'11~N' 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30~) 866-3567 David C. Shelton Director flovember 12, 1982 Jack and Connie Mitchell Route 4 Old Harding Road Franklin, Tennessee 37064 RE: Marvin E. Brown - "Red Jasper Granite Quarry" File No. 82-200 Dear for, and Mrs. Mitchell: I have reviewed your letter of objection concerning the above captioned operation. I fear that our Division will not be able to be of great assistance to you in this matter at this time. However, I would like to take the opportunity to explain the reasons for this to you and to suggest other possible avenues of possible action to you. First of all, only landowners immediately adjacent to the boundaries of a proposed permit area are required to be notified by our Rules and Regulations. Therefore, the notification to you was essentially a matter of courtesy by the operator, and its timing is not an issue in this matter, Furthermore, the operator properly published this permit application in a newspaper of local circulation on October 7 and October 14, 1982. Therefore, f1r, Brown met all of his public notification requirements in this matter. Second, matters such as devaluation of property and potential disturbance from increased noise are considered land use issues by our Board and are left to the individual counties to consider. At this time Mr. Brown's proposed operation has been determined to be in conformance with Teller County zoning requirements. However, you may wish to contact the county further for a more detailed judgment in this matter. The granite is to he removed from a knob that is not an aquifer. Its removal should not interrupt flow into a well that is '; mile away. Furthermore, vibrations from the sporadic blasting in the quarry area are extremely unlikely to disturb the structure of and flow in an aquifer that is ;mile away, In any case, without a detailed knoa~ledge of the geology or long-term records of the flow in your well, no precise judgment can be made in this matter. This analysis is based on a discussion with our staff ground water hydrologist.