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May 13, 1999 State of Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 ~~I ~I~~I~~I~~~~~ ~I~ ~iECEIVED M~~Y 17 1999 Division if Minerab 8 Geobgy ATTN: Cazl B. Mount, Senior Environmental Protection Specialist, Range Ecologist RE: Written Appeal to the permit for surface extracti ~n of construction materials granted to Wagner Construction, Inc., Wagner Rock, File ]Jo. M-99-018 Mr. Mount, This letter is to express our concerns and objections in tlus matter. Our main concern is that our water rights and, in turn, the natural spring in question ale fully protected. Among our objections is the way in which Mr. Wagner handled obtaining the permit with a string of halve truths. There have been many misconceptions, such as the figures that the construction would be taking place nearly half of a mile away from the spring. While no mention was made that the construction would eventually end only a tenth of a mile from the spri:.ig. This certainly could lead to damage and contamination of the spring. We also have concerns for the layout Mr. Wagner has given of the spring in reference to the Hall residence and our own. The location is actually between the two residences, not above the Hall residence, as Mr. Wal;ner misrepresented. It is also unclear to~ us whether there is one fault line in the area in question. It is our understanding that there is one main fault line and one smaller fault line also in this area. [have enclosed several letters in addition to my own regarding this matter. Included are ~;opies of a letter from our Soil Conservation District office addressing their recommendtdions; copies of our flow test results, as well as, our water test results from ACZ Laboratories, Inc., and Snally a letter from Donna Ashbaugh-Hall to the Moffat County Commissioners regarding her concerns in this matter. On a more personal level, we have chosen this property f ~r our home. One of the main selling points was the water rights. It would definitely be a hard:~hip if anything was to happen to the spring which we have purchased rights to. We do not want to have to truck domestic water by pick-up and storage container as so many people that live in the country do. We do not feel that sufficient consideration has been given to our rights in thi> matter, and we must insist that there is. Our feeling is that there is no negotiations for us in this matter. Our water rights are very important and we refuse to have to deal with the consequ:nces of anothers' actions after the fact. We would hope that our home and, along with it, the right to the water will be something that we can proudly pass on to our children and grand-children. \Ve hope to see the life of this spring extend well beyond our own grand-children to their grand-children.