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quantities of waste muck ... over the edge" of the quarry's lands. (MV-2009-023, Findings of <br />Fact, Conclusions of Law and Board Order, Sept. 4, 2009). Our adjacent land includes pertinent <br />portions of the Yule Creek. Given the Quarry's previous misrepresentations regarding these <br />issues (Id. footnote 2, "inspection noted the same problem despite the Operator's representations <br />to the Division that this issue had been addressed"), we would like the Board to take up the <br />following comments and objections concerning the amended permit application by Colorado <br />Stone Quarries, permit #M1999-058. Specifically, we object to: 1) Including a public trail <br />within the amended permit boundaries; 2) The wrongful taking and damaging of our private <br />adjacent land for the Quarry's ongoing sediment control and drainage; and, 3) Any further <br />deposition of marble waste, including marble sediment, on the surface. <br />Further, we request the Board keep its Cease and Desist Order "prohibiting any further <br />activities at the site that would further damage the prevailing hydrologic balance; the deposition <br />of marble fines at the surface is specifically prohibited" (id. at 4). <br />Thank you for your time and attention to these matters. <br />SI CE LY, <br />s/Steve McIntyre <br />Stev McIntyre <br />A <br />s m cIn re <br />Kimberly A. McIntyre, Esq. <br />1220 East Divot Drive <br />Tempe, Arizona 85283 <br />E-mail: kim@mcintyrelaw.net <br />cc: Russ Means, DRMS Specialist <br />Colorado Division of Reclamation Mining and Safety <br />101 south 3rd St. Suite 301 <br />Grand Junction, CO 81501 <br />970.241.1117 <br />fax: 970.241.1516 <br />russ.means(2state.co.us <br />THE MCINTYRE 'LAW OFFICE <br />2