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,,. - <br /> <br />Concern 4, C.R.S. 34-32-120: "No permit for new mining operations shall <br />be granted to any operator who is currently found to be violation of i:he <br />provisions of this article with respect to any operation in this stag:." The <br />violations at this mine site are like a cancer on the land. Completion of the <br />siltation pond end completion of the road work are cures for this can~:er. <br />Recommendation: No permit application shall be reviewed for approval <br />until completion of the CAP, including revegetative efforts. The applicant <br />will not be adversely impacted, due to the fact that the operator has stated <br />amendment three mining work is at least four years away. <br />Minimal Recommendation: No permit application shall be reviewed for <br />approval until the road end culvert work, and completion of a siltation pond <br />facility are complete, and are inspected by division staff and reportrid as <br />being complete. <br />Concern 5, Methodology and Type of Revegetative Work: The operator is <br />revegetating the damaged areas as though this were a reclamation project. <br />Where forests were, seedlings are being replaced. There is a fundamental <br />question of fairness. The 41,000.00 fine does not correct for the damage. <br />The planting of seedlings do not correct the damage. Due to the fact that <br />seedlings will continue 'to be planted until each plant survives for f~.ve years <br />an unreasonable amount of time may pass, years for which we will see no <br />substantial plant growth. The existing damaged landowners have stated their <br />displeasure with present proposed efforts and so have I: <br />Recommendations: During the first year an initial planting of enough <br />trees and shrubs occur, such that after the fifth year vegetation den:rity <br />equal to the surrounding habitat survive. This planting shall include: a <br />ground cover, net, pr mulch, such that erosion is immediately brought under <br />control. Also during the initial year each planting shall receive irr~.gation <br />and fertilizers. <br />Minimal Recommendations: Each year the operator include within 1:he <br />annual report a status report of tree growth, identifying each tree bye number <br />and year in which it was planted. Erosion shall be immediately brought: under <br />control through methods selected by the operator. <br />I respectfully request the poard to select the appropriate recommendation <br />and add these recommendations to the operator's commitments to date. <br />Respectfully submitted, <br />~~~ <br />Cre/~Na el, P. E. <br />9 Y 9 <br />Consulting Engineer <br />7 E. Oijou, Suite 214 <br />Colorado Springs, Colo. E10903 <br />(719) 577-9797 <br />