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PERMFILE134322
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PERMFILE134322
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Last modified
8/24/2016 10:35:01 PM
Creation date
11/26/2007 2:08:13 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1999018
IBM Index Class Name
Permit File
Doc Date
5/17/1999
Doc Name
WRITTEN APPEAL TO THE PERMIT FOR SURFACE EXTRACTION OF CONSTRUCTION MATERIALS GRANTED TO WAGNER CONS
To
DMG
Media Type
D
Archive
No
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<br />May 13, 1999 <br />State of Colorado <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />~~I ~I~~I~~I~~~~~ ~I~ <br />~iECEIVED <br />M~~Y 17 1999 <br />Division if Minerab 8 Geobgy <br />ATTN: Cazl B. Mount, Senior Environmental Protection Specialist, Range Ecologist <br />RE: Written Appeal to the permit for surface extracti ~n of construction materials granted to <br />Wagner Construction, Inc., Wagner Rock, File ]Jo. M-99-018 <br />Mr. Mount, <br />This letter is to express our concerns and objections in tlus matter. Our main concern is that our <br />water rights and, in turn, the natural spring in question ale fully protected. Among our objections <br />is the way in which Mr. Wagner handled obtaining the permit with a string of halve truths. There <br />have been many misconceptions, such as the figures that the construction would be taking place <br />nearly half of a mile away from the spring. While no mention was made that the construction <br />would eventually end only a tenth of a mile from the spri:.ig. This certainly could lead to damage <br />and contamination of the spring. We also have concerns for the layout Mr. Wagner has given of <br />the spring in reference to the Hall residence and our own. The location is actually between the <br />two residences, not above the Hall residence, as Mr. Wal;ner misrepresented. It is also unclear to~ <br />us whether there is one fault line in the area in question. It is our understanding that there is one <br />main fault line and one smaller fault line also in this area. [have enclosed several letters in <br />addition to my own regarding this matter. Included are ~;opies of a letter from our Soil <br />Conservation District office addressing their recommendtdions; copies of our flow test results, as <br />well as, our water test results from ACZ Laboratories, Inc., and Snally a letter from Donna <br />Ashbaugh-Hall to the Moffat County Commissioners regarding her concerns in this matter. <br />On a more personal level, we have chosen this property f ~r our home. One of the main selling <br />points was the water rights. It would definitely be a hard:~hip if anything was to happen to the <br />spring which we have purchased rights to. We do not want to have to truck domestic water by <br />pick-up and storage container as so many people that live in the country do. We do not feel that <br />sufficient consideration has been given to our rights in thi> matter, and we must insist that there is. <br />Our feeling is that there is no negotiations for us in this matter. Our water rights are very <br />important and we refuse to have to deal with the consequ:nces of anothers' actions after the fact. <br />We would hope that our home and, along with it, the right to the water will be something that we <br />can proudly pass on to our children and grand-children. \Ve hope to see the life of this spring <br />extend well beyond our own grand-children to their grand-children. <br />
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