2008-05-02_PERMIT FILE - M2008006

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LEE B. & KATHLEEN WORTHINGTON 628 Poudre Pl, Windsor, Co., 80550, Telephone (970) 686-5771 • E-mail: Firedog3@gmail.com May 1, 2008 Colorado Department of Natural Resources Division of Reclamation, Mining and Safety 1313 Sherman St., Rm. 215 Denver, CO 80203 Attn: Peter Hays Re: Letter of Objection and Protest SerFer Pit 112 Reclamation Permit Application M2008006 Larimer County, Colorado Dear Board Members and Staff: ~~C~~~~~ MAY 0 L 2008 Division o reclamation, Mining and Safety We are residents and a homeowner in the River West subdivision in Windsor, Colorado. Our residence is within easy walking distance of the property for which Connell Resources, Inc. and/or SerFer Land Ventures, LLC, has applied for the above permit for gravel mining. Property owned by our homeowners association is adjacent to the proposed mining site. Under the terms of Rule 1.1(34.1)of the Construction Materials Rules, Rule 1.1(38.1) of the Hard Rock/Metal Mining Rules and/or other pertinent guidelines, we contend we are a party to this action as we are prepared to demonstrate that we are or will be directly and adversely affected and/or aggrieved by the conduct of the proposed mining operation M2008006. We are or will be subjected to actual loss or injury and exposed to potential loss or injury to legitimate interests. Such interests may include, but are not limited to, business, economic, aesthetic, governmental, recreational, health, quality of life and/or conservational interests. In the event this Board determines that we do not qualify under the Rules as a party, in the alternative we are asking for non-party status to comment on the above application and speak during the public comment period of any applicable Board hearing. BACKROUNDINFORMATION The River West subdivision consists of over 200 established homes and is in proximity to the Cache la Poudre River and the Poudre River Trail. Access to the subdivision leads from CR 13. South of River West along CR 13 are the