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ar , L. <br /> Department of Energy <br /> .F <br /> L �r Washington, DC 20585 <br /> k <br /> rEsoY <br /> June 6, 2013 <br /> OLM-LEK-2013-046 <br /> pe, <br /> Lir. Dan Mayo � l��d 1 !1 ( `( I (��++f DS10 000 <br /> City of Broomfield 201307704 �t�.ill' ��1ill!t!1 $ <br /> ` O 4395 West I44th Avenue I 06/25/2013 02:50:38 PM 14 Page(s) <br /> 1 Broomfield, CO 80020 JEFFERSON COUNTY, Colorado / <br /> L <br /> Subject: Acknowledgment of and Concurrence in Relocation of Ditch Easements <br /> within Mining Area—Rocky Flats Site, Colorado <br /> Dear Ntr. Mayo: <br /> The U.S. Department of Energy Office of Legacy Management(DOE) is aware that the City of <br /> Broomfield (Broomfield) has valid existing and historical prescriptive ditch easements for the <br /> Upper Church Ditch and the McKay Ditch (Ditches) that were in place many years prior to the <br /> DOE's acquisition of the surface of the mining area from the Church and McKay family(McKays). <br /> The Ditches divert water from Coal Creek at locations west of Colorado Highway No. 93. After <br /> the water is carried easterly under Colorado Highway No. 93, the Ditches carry (heir water easterly <br /> across the mining area and then across what is now the Rocky Flats National Wildlife Refuge to <br /> Broomfield's Great Western Reservoir which is located east of Indiana Avenue. The McKays have <br /> negotiated with Broomfield since approximately 1979 for the merger of and the improvements to <br /> and relocation of the Ditches, all within the mining area. Both the McKays and Broomfield wish to <br /> move ahead with this agreement. It is important to note that this relocation does not dilute either <br /> Broomfield's historical water rights and Ditch rights or the McKays mining interests. <br /> Bestway.Concrete and Aggregates, McKays mining tenant, has hired Civil Resources, LLC, a civil <br /> engineering firm Iodated in Frederick, Colorado, to do a field survey and design an improved ditch <br /> merger that would permanently relocate the Ditches so that they are one hundred percent within the <br /> mining area where the Ditches cross the mining area. The Civil Resources Engineers' design <br /> "Plans for Relocation and Improvement to the Church and McKay Ditches at the Bestway Concrete <br /> and Aggregate Site, Golden, Colorado" were submitted to DOE, as well as the U.S. Fish & <br /> Wildlife Service, who are aware of the plan to improve and relocate the Ditches within the mining <br /> area along the Northern boundary line of the mining area. At the suggestion of DOE, the ditch <br /> realignment was:designed with a setback from the North mining permit line to prevent any ditch <br /> migrations off of the mining site. <br /> The planned new Ditch relocations;which are all within the mining area, are enclosed as Exhibit A <br /> —Map and Drawings, and were prepared by Civil Resources. Exhibit B— Adjusted Legal <br /> Description and Survey, is also enclosed which shows the two Ditches merged into one Ditch <br /> within the mining area. Then by use of a"splitter box," water from the Ditches may be returned to <br /> their respective historical Ditch locations, all within the mining area. Exhibits A and B will <br /> become the Final Improved Easement Location. <br /> 11 <br /> Pa Printed with soy ink on recycled paper <br />