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My understanding, based upon conversations with James Stark and other DRMS <br />personnel, is that the current reclamation plan governing Bowie's reclamation obligations <br />— insured with a $4.0 million performance bond -- requires, among many other things, <br />demolition of the culvert carrying the Ditch water, restoration of the land to cropland and <br />reclamation of the ditch to its pre -mining, original contours. <br />However, I also understand that the administrative rules governing mined land <br />reclamation contain provisions allowing Bowie Resources to ultimately be released from <br />its reclamation obligations and its performance bond by transferring the formerly mined <br />land to a new owner who uses it for post -mining uses other than cropland. If the <br />proposed industrial use is approved and continues into the foreseeable future, there would <br />likely never be any requirement to return the mined land to cropland; and, ultimately. <br />Bowie can request that it be released from its reclamation obligations to restore the site to <br />cropland and request that its performance bond be discharged. if the reclamation <br />obligations and bond are released because of the post -mining use, there will be no <br />protection for the Ditch or its members, leaving them responsible for maintaining and/or <br />replacing the aging culvert placed deep into the ground. If the release of reclamation <br />obligations happens, the Ditch Companies will be on their own to deal with the aging <br />culvert placed there by the mining industry. This would become an enormous capital <br />expense to the Ditch Companies that they cannot afford. Furthermore, if the culvert fails <br />during the irrigation season, the ultimate economic damage to the Valley's farmers is <br />inestimable. <br />Accordingly, the Ditch Companies strongly urge denial of the Permit Revision <br />application. Denial is the only way the Ditch Companies can presently rely upon the <br />State's mined reclamation plan and existing performance bond to protect their ditch. <br />Approval will set into motion conditions for the current and future owners of the property <br />to be released from all state obligations for reclamation and the existing bond. The Ditch <br />Companies simply cannot allow this to happen. <br />Further, the Ditch Companies have discovered that a sediment pond is currently <br />designed to drain into the Farmers Ditch. This configuration must be immediately <br />modified to prevent runoff from entering the ditch. <br />Thank you. <br />SKH:sh <br />xc: Mark Shaffer, Bill Kolb <br />Sincerely, <br />Steven K. Harper <br />2 <br />