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<br />George C. Wing, Esq. 2 February 25, 1994 <br />nature of the surrounding land uses, we cannot see how this <br />operation would have any adverse impact on your clients' <br />property. <br />With respect to your statement concerning development <br />of "low-impact, 40 acre ranchettes" there is no evidence of <br />such development taking place in this vicinity. The primary <br />land uses in this area are grazing and mining. This <br />particular property has been mined in the past with no <br />apparent detrimental effects to any party. There is a clay <br />mine on the south side of your clients' property and a county <br />gravel pit to the east of your clients' property, as well as <br />others in the area. This activity is quite appropriate for <br />the land use o~ t;;e aria. Based on maps and observations of <br />the area, it is doubtful that there is an average of one <br />residence per square mile in this area. <br />On the other hand, we would submit that development of <br />the area into 40 acre residential parcels would have a true <br />adverse affect on your clients' property values. This is <br />particularly true since such a development is designed to <br />avoid compliance with subdivision regulations, and therefore <br />there is virtually no restraint on the use of the land. <br />The fourth paragraph of your letter contains additional <br />conclusions that are not supported by fact. The duration of <br />the mine is an estimate and cannot be ascertained with any <br />degree of certainty. The length of the estimated duration is <br />a reflection of the low volume projected for this particular <br />operation. The duration will depend upon the overall <br />economy, the building industry, the extent and quality of the <br />clay deposit, and many other factors. In the rock products <br />industry this projected duration is quite reasonable. <br />Your conclusions that there is no lack of active clay <br />mines in this state and that there is no emergency situation <br />justifying development of this mine, even if factually <br />accurate, are not issues covered under the Colorado Mined <br />Land Reclamation Act, nor are they legally significant. The <br />extractability and usability of a clay deposit depends on <br />numerous factors, including composition, color when burning, <br />melting point, plasticity, overburden, depth of the deposit, <br />width and thickness of the deposit, quality of the deposit, <br />access to the deposit, and hauling distance. Clay deposits <br />with the necessary characteristics are relatively rare and <br />obviously many of them are owned by other companies. <br />As you know, mineral rights are property rights just as <br />your clients' surface rights are property rights. Summit has <br />leased this deposit from Rudy and Elsie Brauer, who will <br />