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December 26, 1994 <br />M-94-115 (ORION PIT) <br />Page 2 <br />must approve, a complete and adequate permit, such as M-94-115 <br />(ORION PIT). <br />2. The Bolen Ditch will be protected by the 200 foot rule <br />(keeping all operations at least 200 feet away from structures), <br />and/or by other means (such as placing the ditch in an open or <br />closed pipe). Furthermore, the natural drainage of the Bolen Ditch <br />will not be changed, nor will there be any "impound" of water, <br />since the drainage from the ditch will be piped and/or diverted <br />around all gravel operations. Given the natural drainage in that <br />area and the porosity of the soil, it is very unlikely that any <br />impounding could even occur. <br />3. Mr. Keith lacks specific knowledge of possible adverse <br />effect(s) on his property, or Bolen Ditch, by proposed operations <br />of the ORION PIT including any possible water impoundment. Mr. <br />Keith is not professionally qualified to offer any expert opinion <br />regarding any such possible effects. <br />4. Mr. Keith owns no interest in surface or minerals in ORION <br />PIT, but is only an immediately adjacent surface owner within 200 <br />feet of the outer boundary of ORION PIT operations. By his <br />protest, it would appear that Mr. Keith is attempting to stop <br />approval of ORION PIT pending the outcome of his litigation in <br />Keith v. Kinney, Montezuma County District Court Case No. 94 CV 97 <br />(related to a separate geographic area from ORION PIT). <br />Sinc~ere~ily, <br />v~.--) <br />Charles G. Kinn y <br />CGK/rr <br />cc: Counsel <br />Client <br />Tom Gillis, DMG <br />00121 <br />