2003-06-12_REVISION - M1999034 (2)

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J June 3, 2003 ,~~ "Karen Topper C . 8120 E.104'a Avenue Henderson, CO 80640 (303) 838-5636 JDivision of Minerals and Geology 1313 Sherman Street, Room 215 ~a Denver, CO 80203 Attn. Larry D. Oehler RECEIVED JUN 0 32003 Oivisisn ~f Minerals and Geology V ~JOdv-cQ e a r Lt-a.,~er ~ k ~•~ RE: /Aggregate Industries - WRC, Inc. t/ t/Cooley Reservoir and Fuhon Wildlife Area Amendment No. 1- Jerronimus Property Amendment to Permit No. M~99-0-34. To Vested Parties and the Mined Land Reclamation Board: This correspondence is in reference to Aggregate Industries -WRC, Inc. (AI) regular (112) operation reclamation permit application amendment to existing permit M-99-034. I had previously registered my objections to the applicam's amendment application in a letter to your office dated April 3, 2003. I wish to clarify those objections for consideration at the formal Board hearing scheduled for June 24/25, 2003. While I will make every attempt to be represented at that hearing, existing family commitments may preclude my presence. With no available mechanism in the existing rules and regulations to request rescheduling of this hearing by the public, I request that the Board carefully consider the commems and requests stated herein. Karen Topper was a party to the Pre-Hearing Conference held on May 27, 2003. While the objections I voiced in my letter were discussed, many of the issues raised were not resolved at that meeting. My original concerns and wmments regarding the applicants proposed mining operation include: 1) inconsistencies in the permit application documents, 2) issues of water quality, 3) injury to decreed water rights, 4) lack of adequate slope stability evaluation, and 5) compliance with the Endangered Species Ad. In light of the revised (OS/03) mining plan documents provided to me on May 27, 2003, I wish to offer this clarification and supporting documemation to my original concerns. Byway of introduction, I own property (idemified as parcel I in exhibit C-1 of the applicant) directly adjacem to the northeast boundary of Amendmem No. I Area. A 1993 aerial photograph of the area delineating the Cooley Reservoir and Fuhon wildlife area pit and the Topper property is enclosed as Attachmem 1 for your reference. This property, consisting of slightly over 4 acres of land, houses a residence, a storage barn, an outbuilding, and three water supply wells. The property has been in my family for over 40 years. The Jeronimus property had been previously mined and a gravel pit now exists. I am not opposing sand and gravel mining on this property, but request inclusion of conditions that protect water rights, water quality, and the environmem.