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as the person "managing the Colorado Stone Quarries operations in the following <br />months." We responded on April 1St to Mr. Beggar requesting the quarry's plans and <br />providing him our direct phone number to arrange a meeting. But we received no <br />further communication from the Quarry - no plans, no amended permit information, <br />no request for permission, and no attempt to make any good-faith effort to lease a <br />temporary construction easement. Instead, the Quarry's Amendment simply states at <br />25 that the slope is on the Mclntyres' property but "it is not known if they (the <br />Mclntyres) will allow the work to be done there." By wholly failing to offer any details <br />of how it might actually accomplish this work, its deja vu all over again - "the same <br />problem (recurs) despite the Operator's representations to the Division that this issue <br />has been addressed." (Board Order, Sept. 4, 2009, fn. 2.) That no Colorado Stone <br />Quarry personnel even bothered to ask reflects the disingenuousness of the <br />Amendment, which should be denied for this reason alone. <br />Further, the Amendment intentionally misstates and misleads at page 16 that since <br />"there are no structures within a % mile of the mine, no damage to structures will occur <br />as a result of blasting." But in addition to the Trail, which passes right through the <br />proposed blasting zone, the Mclntyres' seasonal residence, timber-frame access bridge, <br />100-year old miners cabin and historic mining tower all are located within 1,000 feet of <br />the Amendment's permit boundary. The historic timber-frame tower is within 300 feet <br />and in direct line-of-sight. The Amendment must take into account the potential for <br />damage to these structures that blasting may cause. <br />Therefore, as the law requires mines to have a legal right of entry onto affected lands <br />and Colorado Stone Quarries has not yet sought, much less received such a right <br />regarding the McIntyre lands, we object to the Amendment because it includes our land <br />for its sediment control and drainage and allows for further foreseeable property <br />damage. The Amendment should be denied unless and until the Quarry obtains such <br />legal right of entry onto the McIntyre lands. <br />Amendment seeks to Continue Wrongful Dumping of Marble Waste <br />The Amendment at 14 states that some "waste materials may be removed from the site <br />if suitable uses and markets can be developed for them." It then goes on to suggest at <br />17 that not only will there be no harm from dumping its marble waste and letting it flow <br />THE M C I N T Y R E LAW O F F I C E