2008-05-05_PERMIT FILE - M2008006 (2)

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~~~s~~~/~@~ MA ~' ~~ ~i 2008 Division ~ ~r r~,eclama6or~'IARCH, OLIVE & PHARRIS, LLC and Safety ATTORNEYS AND COUNSELORS AT LAW J. BRADFORD ~ 110 E. OAK STREET, SUITE 200 STEWART W. OLIVE FORT COLLINS, CO 80524-2880 JOHN W. PHARRIS (970) 482-4322 FAX (970) 482-5719 May 1, 2008 Division of Reclamation, Mining and Safety Colorado Department of Natural Resources 1313 Sherman Street, Room 215 Denver, CO 80203 ARTHUR E. MARCH 1908-1981 ARTHUR E. MARCH, JR. 1933-2005 VIA FEDERAL EXPRESS OVERNIGHT DELIVERY Re: Toepke, Cary & Elaine / Connell Resources, Inc. SerFer Pit Construction Materials Regular (112) Operation Reclamation Permit Application # M-2008-006 Dear Ladies and Gentlemen: Our law firm has been retained by Cary and Elaine Toepke of 1908 Reflection Place, Windsor, Colorado to formally object to the captioned Permit Application. Mr. & Mrs. Toepke's home is located within 200 feet of the boundary of the affected lands. Mr. & Mrs. Toepke object to the Permit Application on the following grounds concerning the proposed development and operation of the SerFer Pit: 1. The dust and allergic reactions that will be created; 2. The increased noise that will be created; 3. The increased traffic congestion that will be created and the resultant increase in traffic accidents that will likely be caused by that increased traffic congestion; 4. The current traffic improvements and restrictions in the area are insufficient to properly and adequately mitigate the increased traffic congestion; 5. The increased truck traffic carrying gravel from the proposed SerFer Pit will cause spillage of gravel on the roads, which will in turn be thrown by passing vehicles into other passing vehicles using the roads, thereby causing increased damage to vehicles using the roads; 6. The reduction of home values that will likely be suffered in the area; 7. The loss of the aesthetics of the area; 8. The destruction of roads by heavy equipment traffic;