2009-11-24_PERMIT FILE - M2009078 (3)

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WA Ranches. LLC 96400 E. Hwy. 40 Craig, CO 81625 Phone & Fax (970) 824-2709 WagnerCorpColo@aol.com Further investigation of there mining permit should be considered. The permit on file with the Clerk and Recorder states that the property is zoned "Agriculture" when in fact the actual zoning is "Open Space", a zoning designation specifically relating to property left undeveloped for the control of flood waters. In many Colorado Counties, open space is forbidden from mining or development similar to the proposed request. In conclusion, any berming or limiting of flood waters from entering the property will result in a very negative and costly experience for this land owner. Should Elam modify their permit request to eliminate berming, I would like to see some safe guards imposed on this pit to protect our property such as the construction of levies with installed rip pap lining on our banks where flooding could result. Too, some acceptance of liability with insurance that will protect down stream land owner and any erosion that may occur. With regard to access and the transport of product to market, this company in 2009' offered, accepted and signed an agreement with then owner, Bob Quillen, an Ingress-egress agreement with the sole purpose for Quillen to sell to Elam Construction. It was the understanding between the parties that Elam would be allowed access through my property with certain conditions, one of which was for the operation of their Hot Plant. Knowing that the Bunn pit was exhausted of its resources, we were led to believe that traffic across our land would be greatly reduced and tolerable. With this new pit and the number of trucks crossing our property, the flavor of the egress agreement seams void. This company is now reviewing this agreement, the general intent and the validity of the document. The Gehrman property has legal access else where that would not impose additional traffic on our road. Wagner Ranches is not opposing Elam Construction and their desire to open the Gehrman pit, only the current permit, mining and reclamation plans and how they will affect surface hydrology and the increase of traffic over our land. I hope that the Division will work with Elam and conclude to a more appropriate mine plan with safe guards that would eliminate any consequence of flooding. I too offer my assistance in remedying this issue. Respectfully, Jay L. W 6 aged 60LZbZ8OL6 `00*83N9UMXd3 13CM3Sd1 dH 22:6 6002 ipZ ADW