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December 1, 1994 <br />Page 3 <br />...the main limitation [for hay and pasture] is wetness. Excessive <br />water on the surface can be removed by drainage ditches when <br />suitable outlets are available. Wetness limits the choice of plants <br />and period of grazing.... This unit is poorly suited to homesite <br />development because of wetness and flooding. <br />The SCS description of our property reflects the existence of numerous springs. The Orion Pit <br />plan does not adequately address how these resources will be preserved and maintained during <br />excavation or adequately restored following mining. Because of the substantial surface water that <br />exists throughout our property, the gravel pit is likely to become a lake and subject to wetlands <br />regulations. <br />Additionally, the plan proposes to use "irrigation rnn-off water" for washing gravel. We own the <br />wastewater rights related to this property. (See attachment). Mr. Kinney's proposal is not only <br />a plan for stealing our sand and gravel, but our water rights as well. <br />Our property is both beautiful and valuable. We recently turned down an offer of $3,000/acre <br />for the entire piece. (108 acres - $324,000.00). Approval of Mr. Kinney's appGcadon will <br />drastically reduce the market value of our property. Approval of his application would also <br />constitute an illegal taking of our property. <br />In conclusion, we cannot state strongly enough our objection to this proposal. If granted, the <br />proposal would render our property practically worthless. Mr. Kinney's application is based upon <br />flawed conclusions of ownership and incomplete operational proposals. For those reasons, we <br />believe that the Orion Pit application should be rejected outright by the Board. At the very least, <br />however, the Board should schedule a hearing on this matter so that we can present our concerns <br />more completely. Toward that end, we are in the process of retaining legal counsel to contest <br />the Orion Pit proposal. Your favorble consideration to our objection is appreciated. <br />Very truly yours, <br />~~ ~ ~~~ <br />Dean E. Wolcott <br />Enclosures <br />cc:Mike Young <br />Blake Mitchell <br />Tom Colbert <br />Raymond Keith <br />Doug Dody <br />Bill Bailde <br />Montezuma County Board of Commissioners Q Q Q $ 3 <br />Maynes, Bradford, Shipps & Sheftel <br />