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-3- 10. C.R.S. 34-32.5-115(4)(f)(III) states that a mining permit may be denied on the grounds that the proposed operation is "within the boundaries of, and aze owned, leased, or have been developed by, any park and recreation district established pursuant to Article 1 of Title 32, C.R.S., unless otherwise authorized by the Board of Directors of the District..." Since this mining operation will be within the Colorado City Metropolitan Recreation District, and this Board is the same Board as is applying for the mining permit, we believe that there is a substantial, inherent conflict of interest in the Board making such decisions and that the matter shou]d be tabled until the Board can adequately demonstrate how this conflict of interest is to be addressed. Linda Amory l 1. On the grounds that the Colorado City Metropolitan District does not have the legal right to enter and initiate a mining operation, I request that you deny the application. Linda Amory ISSUES RECEIVED WITHIN THE PUBLIC COMMENT PERIOD THE DIVISION BELIEVES ARE WITHIN THE JURISDICTION OF THE COLORADO MINED LAND RECLAMATION BOARD AND THE DIVISION Lack of protection against damage to Graneros Creek also sedimentation to Graneros Creek. Drainage to Graneros Creek. Hydrology in general -damage to road. Exhibit G Division Rationale Greg & Patricia Berens Linda Amory Colorado City Metropolitan District's application includes plans to detain surface water (stormwater runoff} in the pit for a period of time not to exceed 36 hours. The water will be retained by unmined berms left on the south and southeast side of the pi[. Water not absorbed into the pit floor will be released through a 6 inch pipe into the county road borrow pit at the southeast comer. The county road borrow ditch at the outflow from the pipe will be protected by rock rip-rap. The Division believes this is an adequate plan to protect the county road from damage. The County has been notified of the application and has not expressed any concerns regarding their roads or the county road drainage systems in the vicinity. With the deletion of lot 14 from the application, the Division is no longer concerned about the diversion of surface mnoff from the Greenhorn Creek watershed to the Graneros Creek watershed. The revised application does not increase the size of the watershed draining to Graneros Creek through the proposed gravel pit area. Since the watershed area will not be increased and water leaving the gravel pit will first be detained and then released slowly to the area drainage system, there should not be a significant amount of sediment added to Graneros Creek and there should not be any significant increase in flooding problems along the Creek downstream of the gravel operation.