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Topper OI>jectioa Amendment No.l - Jeroaimus Property Permit # M-99-034 The applicant's permit documentation includes a Geotechnical Stability Exhibit prepazed by TuttleApplegate, Inc. The Slope Stability Evaluation, prepazed January 1999, is from the original application. Item #4 on page 10 of the Geotechnical Stability Exhibit states "The analysis is based on assumptions using soil properties that aze generally found in the South Platte River. Field inspection of geologic anomalies by a professional is recommended." Tbe rules and regulations of the Division of Minerals and Geology require that any mining within a 200-foot setback of a man- made structwe show through engineering analysis that the mining will not cause damage. As noted previously, the residence structwe and outbuilding on my property aze located approximately 40-feet east of the Amendment No.l Area boundary, while the storage bazn is directly adjacent to the property boundary. Adjacent to these structwes exist ow water supply and irrigation wells. The mining plan proposes a minimum excavation setback of 35-feet from any adjacent property line. Considering this setback, my structwes lie within a range of 35 to approximately 75 feet of the excavation. An analysis of the swface contows on the applicant's mining plan map, Exhibit C-2, indicates that at least 30-feet of material lie above the current lake level. With mining continuing below the.water_line, the-resultant high_walLwill_be in.excess_of3.0-feet vertical_adjacent to.my property line. The applicant has not demonstrated that an engineering analysis was conducted to evaluate potential damage to my existing structwes, nor have these structures been identified in Exhibit S -Permanent Man-Made Structwes. The applicant has not followed through with recommendations provided by their consultant TuttleApplegate, Inc. in performing geologic field inspections, nor have they used site specific geotechnical data in their modeling. Lastly, the vegetation information included as Exhibit J contains a letter dated January 28, 2003 from Andrea Vialpando of the Natwal Resowce Conservation Service. Under the heading "Threatened and Endangered Species" on page 2, Ms. Vialpando indicates that "There aze a number of protected species associated with riparian areas including Bald eagle and Preble's meadow jumping mouse. We recommend that the Colorado Department of Wildlife be contacted to assess the potential impact to these species." White the wildlife information included as Exhibit H includes a letter from the Colorado Division of Wildlife dated December 29, 2002, that letter makes no mention of an evaluation of protected species as required under the Endangered Species Act. The applicant has not demonstrated compliance with this Act or implemented the recommendations of the Natwal Resowce Conservation Service. In conclusion, I request that the Division of Minerals and Geology reject the application for Amendment No.l - Jeronimus Property to Permit # M-99-034 subm_itted_by Aggregate Industries - WCR, Inc. on the basis of 1) inconsistencies in factual information contained in the permit application documents, 2) likely injury to decreed water rights, 3) inadequate evaluation of water quality impacts, 4) lack of adequate slope stability evaluation, and 5) non-compliance with the Endangered Species Act. Thank you for the opportunity of presenting my concerns and objections. Again, I wish to be a registered party to futwe actions concerning this permit application. Sincerely, Karen Topper