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7, i <br />planned water use during development, mining, or reclamation. As such, it is difficult to <br />see how the Applicant plans to mitigate the potentially hazardous dust that would be <br />emitted in large quantities by the proposed Gravel Pit. <br />In addition to being contrary to the purposes of the Mined Land Reclamation Act, the <br />proposed pit will also adversely affect the stability of the Neighbors' homes , and <br />associated structures in violation of C.R.S. § 34-32.5-115. The Gill and Santee <br />residences sit adjacent to the Gravel Pit on the same stream terrace that the Applicant <br />proposes to mine. This stream terrace is composed of the same unconsolidated gravel <br />that the Applicant plans to remove. The close proximity of the crusher to these homes <br />(particularly the Santee residence) will result in structural damage to these homes further <br />destroying any remaining ability for these neighbors to live in or ever market their <br />homes. <br />III. Conclusion <br />For the reasons set forth above, the Neighbors are parties within the meaning of <br />Rule 1.1. Approval of the proposed Gravel Pit would be contrary to the purposes of the <br />Mined Land Reclamation Act because of its effect on wildlife and aquatic resources, <br />agricultural, recreational and residential sites and promotion of health, safety and general <br />welfare. In addition, it would adversely affect the stability of the Neighbors' homes and <br />associated structures in violation of C.R.S. § 34-32.5-115. <br />WHEREFORE, Anna and Charles Sands, Marcia Jarvis and Ron Tinsley, Carol <br />and Jim Thalman, Roy and Betsy Gill, Bob and Betty Santee and Dale and Deanna <br />Hockett respectfully request that the Board deny the Sand and Gravel Mining Application <br />for the Eagle Mountain Pit. <br />Respectfully submitted this 22nd day of June 2010. <br />& NICHOLSON, P.C. <br />J. <br />Qi?/ yillfl <br />Jeffetia! bins Reg. 26649 <br />Josh Reg. #: 37858 <br />Post Box 2270 <br />Durango, Colorado 81302 <br />(970) 259-8747 <br />E:\Word Documents\ 1 648\02 - Opposition to gravel pit in Archuleta Cty\MLRB\100616.Written Objection.doc <br />3