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STATE OF <br />COLORADO <br />M-2015-033 <br />1 message <br />Scott - DNR, Eric <eric.scott@state.co.us> <br />Spuds9826@aol.com <Spuds9826@aol.com> Wed, Dec 2, 2015 at 3:10 PM <br />To: Eric.Scott@state.co.us <br />Mr. Scott, <br />Regarding the above referenced 112 Mining Permit we wish to make comment that following a meeting in good <br />faith with Garrett Varra, Chris Varra, Jim Wright of Wright Water Engineers and Ritchie Pyeatt there has not be <br />an agreement between Varra Sand and Gravel and Mayer Family Farms that will protect the irrigation well and <br />irrigation pond on the Mayer property. Although it seems that Varra Sand and Gravel has come to some <br />agreement between themselves, Mayer Family Farms is not satisfied. The suggestion that Varra would <br />supply water from their pit to fill the pond is not a solution. <br />In talking to Joanne Williams at the State Engineers Office, we were told that there isn't a Temporary Water <br />Supply Plan in place for this permit. Nor has one been applied for. Per Ms. Williams, de watering water can not <br />be used to supply Mayer Family Farms water when the well and the pond are not able to keep up with the needs <br />of the pivot. Mayer Family Farms would need agricultural water and not de watering water. <br />The suggestion that in the result of damage to Mayer watering ability that <br />a. Notification to DRMS within 7 days of our complaint <br />b. Contact with the well and pond owner to schedule a meeting to conduct an inspection <br />c. Within one week of the inspection to provide DRMS and the well/pond owner a written response <br />is agreeable to Mayer Family Farms is incorrect. Within the three weeks it takes to notify and respond and <br />implement a solution, a valuable crop has dried up and died. We would hold Varra Sand and Gravel <br />responsible for the crop failure. <br />While at the present time Mayer Family Farms cannot pump the well because of past pumping depletions, it is <br />still a valuable asset to the property. It is protected in the Well Augmentation Subdistrict plan and the Company <br />pays a yearly assessment to the Subdistrict. It is our intention to continue to pay the assessment to WAS so <br />that in the future we will be able to use the well. We contend that the mining within 200 feet of our property will <br />damage our asset. <br />A suitable resolution to this problem is that a written agreement be made between Mayer Family Farms <br />and Varra Sand and Gravel that would be included in the permit and also <br />recorded separately. We are agreeable to meeting again with Varra at a future date to discuss what such an <br />agreement would look like. <br />Sincerely, <br />Mayer Family Farms <br />Ritchie Pyeatt and Linda Pyeatt <br />Managers <br />