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JUM 20 2002 1:23PM 2539 SPRUCE OFFICES 3035419486 p.2 GILBERT Y. MARCHAND, JR. A7TOtN8Y A7 LAW 1539 Spntu Sueey Soae 300 Phone: 30)AH.~l56 ~anldeR CO 50303 Alpurcaln k Co.oll, PA- Pn:3035419486 a-mna: grmlaw0ennhun.ne: ~ Or Coonrcl RECEIVED June 19, 2002 dUN 2 p Y002 Divi9tonofMirterals~l?eplp9Y vIAFAX Mr. Tony Waldron Colorado Division of Minerals and Geology Room 215 1313 Sherman Street Denver, CO 80203 Re: Flle No. M-2001-046: Obiection to Aooroval (or Recommendation of Approv of Reenlar 112 Permit Application Filed by Owens Brothers Concrete Company for the Nix Proaerty in Weld County Deaz b1r. Waldron: On behalf of the property owners identified in the attachments to my July 19, 2001 and Auguh~t 7, 2001 letters to you, and in compliance with subsection 1.4.9 of the Construction Materials Rules and Regulations, I am submitting this written objection to the Division ofMinerals and Qeology's approval (orrecommendation of approval) of Owens Brothers Concrete Company's 112cminingpennitapplication. The approval(orrecommendationofapproval)isreflectedinyour May 31, 2002 112c decision letter addressed to Mr. Bill Owens of the Owens Brothers Concrete Company, I received the decision letter on June I0, 2002 and am submitting this objetuon within 10 days of such receipt in compliance with subsection 1.4.9 of the rules and regulations. 7'he panics whom I represent have reached agreement in concept wikh Owens Brothers concerning prevention and/or mitigation of injury to groundwater levels and wells associated with dteir lands. Final details are still being addressed, and it may aiso take some time to ohtain the signatures of all the parties whom I represent. However, voce the final agreement is executed, this objection will no longer be necessary. Until the final agreement is reached, the parties whom I represent remain concerned over impacts to groundwater levels and to the wells idenGGed iu my previous fetters to you. Specifically, theparties have questions concerning whether adequate actionshavc beentakento gain anunderstanding ofbaselineconditions, whetheradequalemonitoring isproposed duringthemining process, and whether permit provisions ate necessary to address unanticipated adverse impacts to groundwater levels and wells, Subsection 1.4.9 requires the parties to file a "statementofthe issues to be coneidered~ by the Boatel at the hearing" and requires the statement to "include an explanation of the grounds for seeking a rovelsal ofthe Office's decision". Please consider this letter as the required statement.