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August 26, 1997 <br />Tom Gillis <br />Senior Environmental Specialist <br />Division of Mineral and Geology <br />484 Turner Drive Suite 101 <br />Durango, CO 81301 <br />Received <br />AUG 2 8 1997 <br />Re: Orion Pit Application, File No. M-94-] ] 5 <br />Mr. Gillis: <br />Durango Fiek1 ONice <br />Divisan of Mirwrah a Gsplogy <br />Your letter of August 2 ],1997 was certainly a surprise. Our belief is that the Orion Pit had <br />withered on the vine. My last remembrance of it was that the applicant had not adequately <br />completed the application. Subsequent to that, the application had either been denied or <br />withdrawn. Obviously that is not the case. <br />Since we aze already on record as an adjacent landowner protesting this application (Dec ] 0, <br />1994), I will briefly restate those points which are still relevant. <br />t) Mr. Kinney owns none of the ]and on which he proposes to mine gravel. As he has <br />already lost one case in Montezuma county court regarding his right to access to the <br />surface to mine gravel it seems that this is a very similar situation. To my knowledge none <br />of the surface owners have granted access to Mr. Kinney. <br />2) The water table in the area proposed is very shallow. Mining gravel would adversely affect <br />not only the land in question but the irrigators down the Mancos valley and the Mancos <br />River itself. <br />3) The azea in question contains numerous trees that provide perches for bald eagles as well <br />a grazing and nesting ground for a large flock of Canada Geese. <br />a) This project represents a threat to the property values and quality of Gfe for a number of <br />people, the landowners whose property would be destroyed and the adjoining landowners <br />would be adversely affected. <br />With three operating gravel pits in the immediate vicinity there does not seem to be a need for <br />the Orion Pit. And unless the situation has changed, Mr. Kinney does not have surface access <br />to the area proposed; his application is incomplete and inaccurate; and no doubt out of date. <br />Therefore, the only reasonable position for the division to take is to deny the application. <br />Sincerely, <br />~~~~ <br />Deborah and Do las D ty <br />38294 County Road G <br />T9ancos, CO 8]328 <br />00320 <br />