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<br />~~C~B~~® <br />MAY 0 5 2008 <br />Division of Reclamat~jiARCH, OLIVE & PHARRIS, LLC <br />Mining and Safety ATTORNEYS AND COUNSELORS AT LAW <br />J. BRADFORD MARCH 110 E. OAK STREET, SUITE 200 <br />STEWART W. OLIVE FORT COLLINS, CO 80524-2880 <br />JOHN W. PHARRIS (970) 482-4322 <br />FAX (970) 482-5719 <br />May 1, 2008 <br />Division of Reclamation, Mining and Safety <br />Colorado Department of Natural Resources <br />131.3 Sherman Street, Room 215 <br />Denver, CO 80203 <br />ARTHUR E. MARCH <br />1908-1981 <br />ARTHUR E. MARCH, JR. <br />1933-2005 <br />VIA FEDERAL EXPRESS <br />OVERNIGHT DELIVERY <br />Re: River West Homeowners' Association / Connell Resources, Inc. <br />SerFer Pit Construction Materials Regular (112) Operation Reclamation Permit <br />Application # M-2008-006 <br />Dear Ladies and Gentlemen: <br />Our law firm has been retained by River West Homeowners' Association (the "HOA") to <br />formally object to the captioned Permit Application. The HOA's subdivision is located within <br />200 feet of the boundary of the affected lands. The HOA objects to the Permit Application on the <br />following grounds concerning the proposed development and operation of the SerFer Pit: <br />1. The addition of dangerous large truck traffic on County Road 13 to an area already <br />experiencing considerable truck traffic congestion, which will increase the danger <br />to school buses that use County Road 13 to transport children to and from school <br />twice daily during the SerFer Pit's proposed hours of operation. The current traffic <br />improvements and restrictions in the area are insufficient to properly and adequately <br />mitigate the increased traffic congestion. <br />2. The health hazards and dangers to users of the new Poudre Trail System <br />immediately adjacent to the proposed SerFer Pit. <br />3. Undue noise in the area from crushing operations and heavy equipment backup <br />safety alert audible warning devices. <br />4. Increased flooding danger due to modifications to the existing flood plain. <br />Reference the flood in May 1999, when the water was over the banks of the Poudre <br />River, covered County Road 13 and made it impossible to travel. The entire valley <br />looked like a lake. If this happened again, it would cause magnesium chloride and <br />other environmental pollutants from the roads and highways in the area to <br />contaminate the public waterways. <br />5. Dust and air pollution in the area will be greatly increased. <br />