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GILBERT Y. MARCHAND, JR. <br /><' ATTORIJEY AT LAW <br />2539 Spruc< Street, Suite 200 • Boulder, CO 80302 <br />phone: 303.444.4256 • fax: 303.541.9486 <br />email: gymlaw~earthnet.net <br />JuI~yEC~,yED <br />Mr. Tony Waldron ~'~~~~ <br />Colorado Division of Minerals and Geology ~V~' ~' a¢db¢¢\°9`l <br />1R313 Sherman Street ~tvts~p°°tM~°¢t¢\5 <br />Denver, CO 80203 <br />Re: Objection to Regular 112 Permit Apalication Filed by Owens Brothers <br />Concrete Company for the Nix Property in Weld Countv <br />Dear Mr. Waldron: <br />On behalf of the property owners identified in the attachment to this letter, and in <br />compliance with Subsections 1.7.1 and 1.7.4 of the Construction Materials Rules and Regulations, <br />and pursuant to C.R.S. 34-32.5-114, I am submitting this written objection to the regular 112 permit <br />application filed by Owens Brothers Concrete Company with respect to the proposed gravel piton <br />the Nix property in Weld County near Platteville. For ease of reference, the property owners on <br />whose behalf this letter is being submitted will be referred to herein as the "Wilson Farms group." <br />The most pressing concern of this group is the adverse impacts that the proposed gravel pit will have <br />on their irrigation and/or domestic wells. The permit numbers and locations of the various wells of <br />this group are identified in the attachment to this letter. <br />The application submitted by the Owens Brothers Company fails to address the <br />impacts to the Wilson Farms group's wells. The application refers to a temporary substitute supply <br />plan for which Owens Brothers is seeking approval from the State Engineer's Office. However, the <br />application fails to show how groundwater levels will be maintained as required in the substitute <br />supply plan process and as required by the Colorado Land Reclamation Act. See C.R.S. § 34-32.5- <br />116(41lh) ("[d]isturbances to the prevailing hydrologic balance of the affected land and of the <br />surrounding area and to the quality and quantity of water in surface and groundwater systems, boih <br />during and after the mining operation and during reclamation, shall be minimized. Nothing in this <br />paragraph ...shall be construed to allow the operator to avoid compliance with other statutory <br />provisions governing well permits and augmentation requirements and replacement plans when <br />applicable.") See also Section 3.1.6 of the Colorado Mined Land Reclamation Board's Construction <br />Materials Rules and Regulations (hereinafter referred to as the "MLRB Construction Materials Rules <br />and Regulations"). <br />The application materials also refer to the need fora "gravel well permit." However, <br />the application fails to show how injury to wells within 600 feet will be prevented in the proposed <br />gravel pit operations. In fact, the application fails to include any adequate discussion of well <br />impacts. Both the well permit hearing process and the Colorado Land Reclamation Act require <br />