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'. • <br />Comments in Support our Observations <br />early <br />1) In~1970ithe west bank of the river(opposite the Chapin and <br />Coates,Walker Property) upstream from current Animas Agg. <br />Pit was rip-rapped for approximately 1/4 mile by the Corp <br />of Engineers. It seems apparent that they (Animas Agg. & <br />T'he Corp of Engineers were aware of the imminent erosion <br />problems. The east bank was not rip-rapped. <br />2)Ani.mas Aggregates has taken the responsibility of keeping the <br />mouth of Tom Talley's irrigation ditch open. This indicates <br />they have also assumed the responsibility for CAUSING the <br />clogging of the ditch. <br />3)Upon notice of our intentions to meet here with the commis- <br />sioners, the local aggregate companies (after years of pro- <br />cratination) have moved toward agreeing to reserve 52 from <br />each ton sold to protect and restore the river banks. This, <br />once again, indicates that they are assuming responsibility <br />foz• the increased erosion. <br />4)Theo history of the bank erosion here, as told to us by those <br />who have observed it for 30 years, also supports this issue. <br />Previous to mining activities downstream, streambank erosion <br />wa:> minimal. <br />5)An agreement with Animas Aggregates was attempted we were <br />unable to come to a collective decision quickly. When we <br />dici agree to allow Animas Aggregates to work in the stream- <br />beci in ordPx'to re-establish the natural streambed channel, <br />we were told that the equipment would not be available until <br />the river level was too high to get machinery into the river. <br />No compensation was offered for the material that was to be <br />removed from our property. Once again, Animas Aggregates <br />would be reg3enishing their stockpiles, free of charge, with <br />our property. Either they were going to take it by activating <br />erosion, or under the agreement to work in the river bed. <br />CLOS:[NGs <br />We are here to come <br />responsibilities have <br />moral responsibility <br />to an acceptable solution. The legal <br />been unknown up to this point. The <br />is quite clear. <br />Compiiled by Lana Jo Chapin <br />Presented by Dave Coates, Jerry Stuart <br />