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• RANDY G. ALLEN ATTORNEY AT LAW ~'w ALAMO CORPORATE CENTER 102 S. TEJON. SUITE 1100 COLORADO SPRINGS, COLORADO 80903 (719) 578-3325 July 30, 1993 Colorado Mined Land Reclamation Division 1313 Sherman Street, Room 215 Denver, Colorado 80203 ~ iii iiiiiiiiniii iii AUG 21993 Drvrsroir o; .I,,~nF rf'~J ~ V e~ ~yY Re: Proposed Mining and Reclamation Permit by the City of Cripple Creek Proposed Mine: Midland Gravel Pit Dear Sirs: I have been retained by Spring Creek Realty regarding their opposition to the requested Mining and Reclamation Permit by the City of Cripple Creek for the proposed mine known as the Midland Gravel Pit located at or near the South Half of the Southeast Quarter, Section 32, Township 14 South, Range 69 West, Sixth Principle Meridian. My client is opposed to the requested Mining and Reclamation Permit on the basis that the mining activities and location will significantly and permanently adversely impact the surrounding environment, and diminish the land values of those properties contiguous with and surrounding the proposed mine site. My client's property is located adjacent to the requested mine site at the intersection of Highway 67 and Four Mile Road. Recently Spring Creek Realty obtained a Conditional Usage Permit for the use of their property for the purposes of a home occupation and real estate sales office. The location of Spring Creek's proposed homeJreal estate sales office is on property adjacent to the proposed mining site. Obviously, the dust, noise, traffic and altered land site will not only be an eyesore to potential customers but will also discourage potential clients because of the destruction to the natural scenery that such activities always produce. It is also my client's position that the proposed mining operation is contrary to the laws or regulations of the United States and Colorado. The proposed mine site is located in an area which may drain to the West Beaver Creek drainage area. As I am certain you are aware, there are two small lakes comprising approximately 2-4 acres which lie in the drainage area below the proposed mine site. Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. §4321, and Executive Order No. 12608, 1987, the terms "wetlands" is defined as those areas that are inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs and similar areas such as sloughs, potholes, wet meadows, river, river overflows, mud flats and natural ponds. The aforementioned lakes certainly fall within the definition of wetlands as provided under the National Environmental Policy Act of 1969. Runoff from the proposed mine operations would certainly have an adverse impact upon the water quality of the wetlands area discussed. In addition, pollution of wetlands or other water courses in the United States is prohibited under the Federal Water Pollution Control Act.