2008-07-10_PERMIT FILE - M2008006

• Permit No: M2008006
• IBM Index Class Name: Permit File
• Doc Date: 7/10/2008
• Doc Name: Letter of Objection and Protest Response
• From: Applegate Group, Inc.
• To: Various
• Media Type: D
• Archive: No

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MRM- Applegate
roue Inc.
July 3, 2008
Scott & Becky Kennedy
1914 Bliss Place
Windsor, CO 80550
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)JUL 10 ton
10 Division o`r Reclamation,
Mining and Safety
RE: Letter of Objection and Protest QWPAIS&
SerFer Pit 112 Reclamation Permit Application M2008006
Larimer County, Colorado
The following discussion and attachments are submitted on behalf of our client, Connell Resources, Inc.,
in response to your letter dated 'May 2, 2008 in reference to "SerFer Pit 112 Reclamation Permit
Application M2008006." The information and discussion below address each comment within the formal
objection to the caption Permit Application as it was presented:
1. "With understanding from the developer that the land under consideration would never be mined
as it was too small of a tract economically and was under the control of the Colorado Division of
Wildlife as a wildlife buffer."
The property is shown on the Town of Windsor Land Management Map and is
designated as open space, of which the allowable uses include mineral extraction. It has
been determined by the Applicant that the tract of land in question holds sufficient sand
and gravel to justify an economically feasible mining operation. The owner and The
Colorado Division of Wildlife are negotiating an agreement.
2. "...we believe [the mining operation] would have a severe. detrimental effect on our quality of
life, health, as well as devaluation of our personal property."
It is unclear how the operation will have a detrimental effect on the quality of life, health,
or cause a devaluation of personal property through "by-right" activities on privately
owned property in the area. Connell Resources, Inc. will adhere to the Colorado
Department of Public Health and Environment (CDPHE) permitting requirements. This
includes submitting an Application for Construction Permit and Air Pollutant Emission
Notices (ADEN). The intent of the CDPHE and the APEN. are to limit pollution in all
forms. These rules and regulations set forth by various divisions within the government
of Colorado are designed to prevent adverse effects on the health, welfare, prosperity and
safety of the current and future residents of the area.
3. "On a day like this [with high winds from the North] members in our family would suffer from
extreme dust that would have an adverse affect on our health."
The site will meet all state and local standards for dust. control as defined by the Colorado
Department of Public Health and Environment (CDPHE), and the Town of Windsor. A
Fugitive Dust Control Plan will be submitted as part of the Construction Permit and Air
1499 West 120th Avenue, Suite 200 [phone] 6 Fax [phone]
Denver, Colorado 80234-2759 www.appi6gategroup.com