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ANW <br />i R FrE r. F.gVE0 <br />/DEC 3 -14 2000 <br />:-.o i iation, <br />V k1`i 1 e4 ; x ?:s i fi Safety <br />December 31, 2008 <br />Via Hand Delivery <br />State of Colorado <br />Division of Reclamation, Mining and Safety <br />Department of Nj? tural Resources <br />c/o Eric Scott Y <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />DUFFORD <br />f?'BROWN <br />ATTORNEYS AT LAW <br />dciossoit(W dofford brow o.com <br />RE: Public Comment regarding Construction Materials, Regular 112 Operation, <br />Permit Application No. M-1999-098 <br />11-1 <br />Dear Mr. Scott: <br />On behalf of our clients, Clyde W. Feuerstein, Larry D. Feuerstein, and Triple F <br />Enterprises LLLP (collectively, the "Feuersteins"), we respectfully submit the following public <br />comment to the Colorado Division of Reclamation, Mining, and Safety (the "Division") with <br />respect to Permit Application No. M-1999-098 submitted by Aggregate Industries, WCR Inc. <br />("Aggregate"). <br />The Feuersteins own property adjacent to the expanded permitted area proposed by <br />Aggregate. Their property is located in Sections 28 and 29 of Township 6 North, Range 66 <br />West, 6`h P.M., Weld County, Colorado. Existing mining operations border the South edge of <br />their property, and expanded operations will border both the West and additional portions of the <br />South borders of their property. <br />The Feuersteins' property is currently utilized for residential and agricultural purposes <br />and such uses are expected to continue for the foreseeable future. The Feuersteins are concerned <br />that Aggregate's proposed expanded mining operations may negatively impact or interfere with <br />the agricultural use and market value of their property. The primary concerns that our clients <br />have relate to the potential negative impacts that gravel mining operations may impose upon <br />their real and personal property rights resulting from irrigation and other well water <br />contamination, dust migration, noise pollution, soil erosion, traffic safety associated with more <br />1700 Broadway / Suite 2100 / Denver, CO 80290-2101 / Phone 303.861.8013 / Fax 303.832.3804 / www.duffordbrown.com <br />{00351134.1}