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WAGNER <br />Ranches. LW <br />96400 E. Hwy. 40 Craig, CO 81625 <br />Phone & Fax (970) 824-2709 <br />WagnerCorpColo@aol.com <br />11-20-09 <br />To; Division of Reclamation, Mining and Safety <br />Re; Letter of Concern, Elam Construction and proposed Gehrman Pit <br />As representative for the Wagner Ranches and its properties located adjacent <br />to and down stream from the proposed gravel pit, at this time wish to <br />formally express our great concern of this project. <br />After having seen the legal notice in the paper, I inspected the proposed <br />mining plan and then contacted Elam's consultant, Greg Lewecki. I <br />expressed our concern that if this property was removed from the flood <br />overflow area, all of the flood waters would be thrust onto our property. <br />After receiving negative results from Lewecki, I attempted to contact Elam <br />Construction for clarification. My call was not returned. Therefore, this <br />company hired a hydrologist to investigate the change this proposed pit and <br />its mining plan would have on the surface hydraulic balance mainly <br />pertaining to the annual flooding experienced for the past 20 years since <br />Elam constructed 8' tall berms around the Bunn Pit which removed over 250 <br />acres from flood plan. <br />Our consultant advised that for every acre foot of flood water removed from <br />the Gehrman property by way of berming, would result in an additional acre <br />foot of flood water imposed onto our property. Our hydrologist advised that <br />according to Elam's mining plan, a 3,000 linier foot by 8' tall berm would <br />be constructed along the bank of the Ana branch of the Yampa river. This <br />berm, or any berm of any kind, height or length, would restrict natural flood <br />waters from entering the Gehrman property resulting in catastrophic <br />flooding of our property. <br />Wagner Ranches currently owns sum 90 acres that will be affected. In the <br />flooding path is our commercial building which was constructed about two <br />years ago at costs of $1.28 million dollars. Three years ago we constructed a <br />new bridge crossing the Ana branch at a value of over $450,000.00. These <br />structures are safely out of current flooding hazard elevations by around 13" <br />and have safe guards protecting them for average flooding. If additional <br />flood waters are thrust onto our properties, these structures will surely be <br />lost. <br />3 aged 60LZ?,280L6 `00*83NOUMXH3 13Cd3SU1 dH TZ:6 6002 i1Z ^QN