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~:. We recognize that noise is not within the authority of the CMLRB to control. ]t is a responsibility of Park County, but there does not appear to be any codes limiting noise created from mining. Use of high intense lights up until mid-night and on weekends have created a new and very negative disturbance. Increases in dust are visibly evident. The residential areas within 3 miles of the mine may have suffered a significant impact of property values. Therefore, approval of the permit application may further impact these values. Also, as a sidelight, we are concerned that living conditions at the mine are forcing workers to live in trailers off-site that may not meet zoning restrictions. • Reclamation Performance Standards. 3.l Prior to any official action on the permit application, we request a written summary of past compliance with reclamation requirements. We recognize that a number of operators have come and gone, but we are especially interested in compliance since the 1976 Reclamation Act. We believe this is pertinent in showing to the CMLRB the level of compliance and effectiveness of reclamation that this mine and operators have demonstrated. • Water. 3.1.6 The mine utilizes surface water from the Middle Fork of the South Platte River. It also has storage ponds on the site. Rules require that water usage must comply with existing statutes governing diversion, augmentation and water quality. It appears that heavy erosion exists on the mine site that may impact local wildlife habitat and natural drainages. Also, the existing pump from the river represents a change in the legal point of historic upstream diversion. Is this a legal diversion and is there an approved augmentation plan for evaporation from the mine ponds? Adjacent homes depend on shallow wells for domestic water. The glacial material is porous and easily transmits silt and surface disturbed soil. is there any assurance that expanded mining will not impact adjacent domestic wells? We do not believe there is adequate permit information to address this issue. Mine-induced erosion within the disturbed area, including ambient dust also impacts water quality and vegetative growth. We recognize that air quality is the responsibility of the Department of Health and request their analysis. The Division of Water Resources should address the water issues. • Reveeetation.3.1.10 The mine is at an elevation of over 10,000 feet above sea level and conditions to assure effective revegetation of disturbed areas is costly. To meet the conditions of 3.1.10 requires diverse and long-lasting vegetation. This vegetation should also be suitable for wildlife. Big game in particular, require selected shrubs that withstand harsh winters and dry conditions. Raptors use mature pine trees and small mammals prefer dead logs, grasses and areas where burrowing is possible. Stable ground cover reduces erosion which is especially bad in this area. If these conditions have been met in the past, then effective reclamation has occurred. It is our opinion that past reclamation has not been effective and the requested permit does not have adequate conditions for revegetation, especially in relation to wildlife benefits.