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6/2/2017 State.co.us Executive Branch Mail - Re: Bowie/Paonia Holdings -- North Fork Farmers and Lateral Ditch Companies <br />is STATE' E DRMS CoalAdmin - DNR, DNR <dnr_drms coaI_admin@state.co.us> <br />COLORADO, <br />— — — <br />Re: Bowie/Paonia Holdings -- North Fork Farmers and Lateral Ditch Companies <br />2 messages <br />Stark - DNR, Jim <jim.stark@state.co.us> Thu, Jun 1, 2017 at 12:00 PN <br />To: Steve Harper <hotchlaw@gmail.com> <br />Cc: Clayton Wein - DNR <clayton.wein@state.co.us>, DNR DRMS_CoalAdmin - DNR <dnr—drms—coal_admin@state.co.us> <br />Mr. Harper, <br />Sorry for the delayed response but I have been out of the office. Below are the answers to your four questions (retaining <br />your original numbering). <br />1. The current reclamation plan does require Bowie to remove the approximate 60" culvert, reconstructing the Farmers <br />Ditch, and stabilizing the area to protect the ditch. <br />2. The current reclamation plan does require Bowie to remove the culvert and reconstruct the Farmers Ditch at their own <br />expense (or, in the unlikely event of permit revocation and bond forfeiture, this would be completed with the bond money <br />by the Division through third party contractors). <br />3. If the county and the Division approve a land -use change to industrial at "some point" Bowie can come in with an <br />application for release for the site (termination of the Division's jurisdiction). This would release Bowie from their <br />reclamation obligations (the Division would basically find that Bowie has met the requirements for the alternate post - <br />mining land -use of industrial). Any release would include public participation. <br />4. This is something I would like to discuss with you (and Bowie) a bit further if the county changes the land -use. The <br />ditch is regionally important for agriculture and must be protected. We would need to discuss and come to an agreement <br />what this protection looks like. We are asking Bowie about this in an adequacy letter for their Permit Revision 05 <br />application (this letter will go out tomorrow or Monday). <br />I hope these answers help. Please let me know if you have any more questions or need any additional information. <br />Thanks and have a great afternoon. <br />James R Stark <br />Senior Environmental Protection pe <br />I )epa, hent of Nato rnl Res"us cry <br />P 303.366.3567 1 C 720.724.0436 1 F 303.632.6106 <br />1313 Sherman Street St., Suite 215, Denver, CO30203 <br />jim.stark@state.co.us I http://mining.state.co.us <br />On Fri, May 26, 2017 at 4:40 PM, Steve Harper <hotchlaw@gmail.com> wrote: <br />Jim: <br />Thank you for the time you and Clayton spent with me, Richard Rudin and Judy Davis this morning. As I mentioned, I <br />am preparing comments to be submitted to the Delta County Planning Commission and Delta County Board of County <br />Commissioners on behalf of the North Fork Farmers Ditch Association and the North Fork Lateral Ditch Company <br />("Ditch Companies"). <br />Can you confirm the following: <br />(1) That, at present, the reclamation plan and bond in place protect the Ditch Companies regarding the culvert that the <br />mining companies placed under the subject property through which the Ditch Companies transport water to their <br />https://m ai I . googl e. com/mail/b/511 /u/0/?ui =2&i k=deb7fOcd20&view= pt&search= i nbox&th= l 5c64d08547b44b6&si m I=15c64d08547b44b6 1/2 <br />