2010-06-24_PERMIT FILE - M2010019

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cF ' I BEFORE THE MINING LAND RECLAMATION BOARD STATE OF COLORADO ?iyi"d?Q ?/I h %n 9'0 ?. EAGLE MOUNTAIN PIT, ARCHULETA COUNTY, COLORADO 9a?asa f aan APPLICATION NO. M2010019 ty WRITTEN OBJECTION TO SAND AND GRAVEL MINING APPLICATION COME NOW, Anna and Charles Sands, Marcia Jarvis and Ron Tinsley, Carol and Jim Thalman, Roy and Betsy Gill, Bob and Betty Santee and Dale and Deanna Hockett (collectively referred to herein as the "Neighbors"), by and through undersigned counsel, and submit this Written Objection to Sand and Gravel Mining Application for the Eagle Mountain Pit, submitted by Thomas and Margie Smith (collectively, the "Applicant") for the Board's consideration. 1. Party Status The Neighbors all live within close proximity to the proposed Eagle Mountain Major Gravel Mining Operation ("Gravel Pit"). This Gravel Pit will be enormous; over 38 acres in size and up to 80 feet deep from the current surface elevation. The Gravel Pit is proposed to be constructed in the midst of their residential neighborhood. As set forth more specifically below, the Neighbors stand to suffer actual loss and injury from the construction of the Gravel Pit in the form of not only diminution of the value of their homes due to nuisance (aesthetic, noise, dust, fumes, etc.), but also physical damage to their homes and adverse effects on their health. As such, they fall squarely into the definition of a party as set forth in Rule 1.1 of the Construction Materials Rules (the "Rules"). As such, on the basis of this Written Objection the Neighbors request that this permit be set for a hearing before the Board pursuant to Rule 1.7.4(2). The Neighbors have executed authorization forms for Goldman, Robbins & Nicholson, P.C. to act on their behalf in this matter, all of which are attached hereto as Exhibit A. II. The application should be denied because the Gravel Pit would be contrary to the purposes of the Mined Land Reclamation Act. C.R.S. § 34-32.5-115 provides a specific list of reasons why a permit application should be rejected. These include, in pertinent part, the following: (c) Any part of the proposed mining operation, the reclamation program, or the proposed future use is contrary to the laws or regulations of this article. (e) The mining operation will adversely affect the stability of any significant, valuable, and permanent manmade structures located within two hundred feet of the affected land; except that the permit shall not be denied on this basis where