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

• Permit No: M2008006
• IBM Index Class Name: PERMIT FILE
• Doc Date: 5/5/2008
• Doc Name: Objection tp permit application
• From: March, Olive & Pharris, LLC
• To: DRMS
• Media Type: D
• Archive: No

Division of Reclamation, Mining and Safety
Colorado Department of Natural Resources
OS/01 /08
Page 2 of 9
9. The extended hours of operation;
10. The prairie dog control that will be necessary as prairie dogs currently living on the site
are forced off the site by the mining operations and begin taking up residence in
adjoining landowners' properties;
11. The adverse impact that the operation will have on the public bike path near the site and
the resultant danger to children living in the immediate area who regularly use the bike
path;
12. The fact that the proposed SerFer Pit is not harmonious with the surrounding
neighborhood and will be an undue influence on the area;
13. The proposed SerFer Pit will be immediately adjacent to the existing River West
residential development, and is currently believed to be the closest that a gravel pit has
ever been proposed to be located near such a large residential development in the State of
Colorado;
14. The cumulative adverse impact on the residents of the area given the fact that the
residents are already subjected to the adverse impacts of the Kyger/Lafarge Pit and the
Hall Irwin Pit that are already in operation in the immediate area. The residents of the
area should not be subjected to further adverse impacts from gravel pits until the two (2)
existing pits in the area have been exhausted and properly reclaimed;
15. The proposed SerFer Pit will unreasonably impair the public health, welfare, prosperity
and safety of the current and future residents of the area; and
16. The proposed SerFer Pit should not be approved by Division of Reclamation, Mining and
Safety (the "Division") unless and until it has been reviewed and approved by Larimer
County, Weld County, the Town of Windsor, the U.S. Army Corps of Engineers, the U.S.
Fish and Wildlife Service, the Colorado Division of Wildlife, the Colorado State
Department of Health; the Larimer County Health and Environment Department, and the
Weld County Health Department.
If, despite the above-stated grounds for the Division to deny the Permit Application, the
Division for some reason elects to approve the Permit anyway, then the Division's approval
should be made expressly conditional upon the following matters, which should all be fully and
completely satisfied prior to the commencement of any development and/or operational work at
the proposed SerFer Pit:
1. The Applicant should be required to provide the Division with a copy of its lease
agreement with the legal title owner of the proposed site showing it legal right to use the