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Name of Addressee <br />Page 3 <br />November 4, 2016 <br />Please confirm whether the feature shown as Figure 3 is the same feature labeled on Figure 14-17 of <br />TR69 as "Rock Pile/Sinkhole Surface Expression" (we believe it is). <br />3. On Page 2 of his October 2016, comments, Mr. Beckwith states that "In the interim, the Fontanari Plan <br />calls for repair and improvement of the Martin Crawford Ditch: damaged by subsidence from Snowcap's <br />mines." Please reply as to whether this ditch is presently included in the permit for the Roadside inventory <br />of structures required under Rule 2.05.6(6)(a), and if so, what steps Snowcap should take per Rule <br />2.05.6(6)(f)(iv)(A). <br />4. On Page 11 of his October 2016 comments, Mr. Beckwith states that "Both Fontanari and Carey hold <br />extraction permits from DRMS and Mesa County ... to extract basaltic minerals from their respective <br />properties. To illustrate the deposits to PsCO, Fontanari dug two test pits, each 25+ feet in depth". We <br />understand that one of these pits is identified in Figure 14-17 as "vertical shaft in Carey Pond. If the <br />other test pit lies within the limits of Figure 14-17, please identify its location on Figure 14-17. <br />Further on Page 11 of his October 2016 comments, Mr. Beckwith states that "Additionally, Fontanari <br />hired a local driller to make ten bores to determine the apparent depths of the basaltic materials along the <br />route of the proposed easement. This was the driller to which Mr. Berry referred in his April Report. The <br />bores showed the presence of the basaltic material to depths of 50+ feet before hitting the underlying <br />sandstone". We believe it is important that the locations of any of these ten boreholes that may lie within <br />the limits of Figure 14-17 of TR69 be identified on Figure 14-17. If any information as to how these <br />holes were sealed can be obtained, we would appreciate receiving that information as well. <br />6. On Page 13 of his October 2016 comments, Mr. Beckwith states that "Fontanari has valuable water rights <br />in Rapid Creek which will be lost if Fontanari cannot apply irrigation water to surface crops in Tracts 70 <br />and 71." Please be aware that in accordance with Rule 2.04.7(3), we intend to verify this statement with <br />our sister agency the Division of Water Resources. Our interest is not so much as to whether Mr. <br />Fontanari possesses these water rights (we are prohibited from adjudicating property rights disputes, so <br />we have to assume that much is valid), but rather whether it is the lack of application of that water to the <br />ground (as opposed to removal of that water and, for example, storing it a series of storage tanks) that <br />may result in the loss of those rights. <br />If you have any questions or need additional information, please contact me at (303) 866-3567 ext 8142. <br />Sincerely,, <br />Brock Bowles <br />Environmental Protection Specialist <br />brock.bowles@state.co.us <br />