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To DRMS Den Page 2 of 2 2017-05-08 15.18.47(GMT) 13032008630 From Greg Lewicki <br /> —I YKAX <br /> s3 5 oil, llho it; f720)84'k-5121 Yax ;30- .zfy-4'�.i:44 <br /> Lilfl to-,,; <br /> May 5, 2017 <br /> Michael Cunningham <br /> Colorado Division of Reclamation, Miring and Safety <br /> 1313 Sherman St, Rm 215 <br /> Denver, CO 80203 <br /> Fairplay An Pit (M-1991-037)—Appeal of Request Maintaining Water Flows of Platte City <br /> Ditch,Maintaining Ditch Ponds,Ensuring Delivery of Ditch Water by Alternative Access <br /> Point and Ensuring Water is Delivered Downstream <br /> Mr. Cunningham <br /> High Speed Mining, LLC is appealing the Division's decision to deny High Speed's right to <br /> maintain and use its water rights conveyance strictures located on High Speed's land (see <br /> DRMS letter dated May 5, 2017). This action by the Division adversely affects High Speed's <br /> ability to put the water rights it owns to beneficial use within its approved 110 operation. <br /> Without the ability to put said water rights to beneficial use, the water rights themselves may be <br /> damaged in value. These rights were adjudicated by Decree by Water District No. 23 in the <br /> State of Colorado and were established before Colorado was a State in 1867. Additionally, said <br /> water rights are placer rights that are used on a permitted 110 operation. Prevention of the use of <br /> these water rights on the permitted 110 operation can cost the operator upwards of$25,000 in the <br /> cost to acquire water to support the placer operation if they can be acquired along with the cost <br /> of appropriate equipment that can cost in upwards of$20,000 per month to lease plus additional <br /> installation fees. This does not included workers' wages for lost operation time, equipment <br /> leases, insurance and lost earnings. <br /> High Speed Mining, LLC, as part of this appeal, waives the 30-day notice period to allow-for a <br /> prompt hearing in front of the Mined Land Reclamation Board. <br /> Regards, <br /> f / <br /> f)f <br /> 4 <br /> Ben Langenfeld, P.E. <br /> Greg Lewicki and Associates <br /> CC: High Speed Mining, LLC. <br />