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X y <br />there is an agreement between the operator and the persons having an interest in <br />the structure that damage to the structure is to be compensated for by the operator <br />or, where such an agreement cannot be reached, the Applicant provides an <br />appropriate engineering evaluation that demonstrates that such structures shall not <br />be damaged by proposed construction materials excavation operations. <br />This application should be rejected for both of these reasons. Approval of this application <br />would be contrary to the purposes of the Mined Land Reclamation Act (the "Act'). The <br />stated purposes of the Act include the protection of wildlife and aquatic resources, <br />agricultural, recreational and residential sites and promotion of health, safety and general <br />welfare. C.R.S. § 34-32.5-102(1). The proposed Gravel Pit would have a profound <br />negative effect on all of these goals. <br />With regard to aquatic and wildlife resources, the Applicant has not demonstrated that <br />adequate plans have been made to address storm water runoff. The proposed pit will <br />disturb 38 acres of land. The application contains a reference to a detention pond, but <br />there is no discussion of its adequacy to handle a runoff event. The Applicant has not <br />obtained a CDPHE storm water discharge permit. With regard to wildlife, the Applicant <br />claims that the area is too low in elevation to be lynx habitat. This appears to be false, <br />based on the lynx photographs taken in the neighborhood (Attached as Exhibit B). <br />The proposed Gravel Pit will substantially degrade the value of the neighborhood for <br />residential and agricultural uses. All of the Neighbors live in close proximity to the <br />proposed Gravel Pit and would suffer degradation of quality of life and diminution in <br />value of their property as a result of this pit being constructed. See Vicinity Map of <br />Neighbors properties attached as Exhibit C. The Gill and Santee residences are the <br />closest, with the Santee residence literally overlooking the proposed crushing area. The <br />noise from the proposed Gravel Pit would exceed 50 decibels at the Gill and Santee <br />property lines and 30 decibels at a distance of %4 mile away. This is equivalent to <br />locating a railroad switchyard in the midst of a residential area. These residences would <br />be rendered completely unmarketable by the construction of this pit. The Santee <br />residence is also the site of a tree farm, which will be irreparably harmed by the dust and <br />vibration of the adjacent pit. <br />The health, safety and welfare of the Neighbors stand to be seriously affected by the <br />proposed pit. Gravel pits produce tremendous levels of dust, most notably crystalline <br />silica, which has been designated as a Level 1 carcinogen by the International Agency for <br />Research on Cancer. These facilities also emit hexavalent chromium, another known <br />carcinogen. The Applicant has not submitted any materials that detail their plans to <br />mitigate these potentially hazardous carcinogens. See Health, Safety and Environmental <br />Review of Eagle Mountain Gravel Pit Operation, independently commissioned by our <br />clients, attached and incorporated herein as Exhibit D ("HSE Review"). Many of the <br />neighbors are approaching advanced age and may suffer serious health effects as a result <br />of the dust emitted by the pit. The Applicant has not obtained an Air Pollution Emission <br />Notice for Fugitive Dust. As such, their plan for dust control is a complete mystery at <br />this time. This is compounded by the fact that the application states that there is no <br />2