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Dowe Flats Mining and Reservoir Permit - page 2 Yet these agreements remain secret. Ifhile only Southwestern Portland is bound by provisions of the permits that are sought, Marigold 41 (and possibly others), have unknown powers to possibly affect performance of permit conditions. Moreover, the applicant has claimed severe limitation of its power to decide disposition of the land by citing the secret agreements. In vier of fee simple oxnership for much of the land by Southxestern Portland the limitation may be overstated. The only way for the County and the public to know is for Southxestern Portland to disclose contents of the agreements. We xould like to see these documents made public and we would like to see a commitment from the applicant to place the land in open space as mining is completed. In addition, provisions should be adopted that prevent inappropriate development, such as non-rater efficient developments including golf courses. Question 2: Justification and need for mining at this time. We understand that Southwestern Portland will be closing a Larimer County mining site as well as the site is Boulder County adjacent to its kiln. It is our impression that both sites have remaining minable resource. Mining in new sites should be delayed until already disturbed sites have been exhausted. We are particularly concerned that the justification for opening new sites is Southwestern Portland's perception that permitting may be more difficult in the future. Question 3: Verification of promised mitigation. Our observations strongly indicate the present Southwestern Portland mine and manufacturing center may seriously violate air quality regulations. On several occasions our members Dave observed dense clouds of dust originating on, and escaping from, the site. One cloud, observed by several members of the Indian Peaks Group Executive Committee and others, remained coherent for at least five miles as it blew south; we are able to supply photographs documenting this. This event occurred on a weekend when it was impossible to contact regulatory personnel. Our experience with similar mining permits issued by the County, particularly for numerous gravel mines, indicates that operators are required to prevent substantial fugitive dust from originating and escaping from their operations. In view of Southxestern Fortland's apparent failure to satisfy fugitive dust regulations under current enforcement mechanisms, we ask that guarantees be provided for mitigation promises. These should include, inter alia, posting reasonable bonds and payment for the cost to the County of monitoring compliance. Monitoring payments should be sufficient to provide qualified technicians who can resposd to citizen reports of noncompliance at all times.