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2019-05-17_REVISION - M1994117
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2019-05-17_REVISION - M1994117
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Last modified
1/5/2025 5:46:07 AM
Creation date
5/20/2019 1:02:07 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1994117
IBM Index Class Name
REVISION
Doc Date
5/17/2019
Doc Name
Adequacy Review #3
From
Colorado Milling Company
To
DRMS
Type & Sequence
AM1
Email Name
AME
Media Type
D
Archive
No
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Kennedy Law Firm <br /> A Professional Corporation <br /> Cynthia T.Kennedy 308'/z E.Simpson Street <br /> Lafayette,Colorado 80026 <br /> Telephone:303-604-1600 <br /> Fax:303-604-1601 <br /> aked kennedylawyer.com <br /> May 10, 2019 <br /> Colorado Division of Reclamation <br /> Mining and Safety <br /> 1313 Sherman Street- Room 215 <br /> Denver, Colorado 80203 <br /> Re: Permit No. M-1994-117 <br /> To Whom It May Concern: <br /> I write this letter on behalf of Colorado Milling Company, LLC in regard to its Application for <br /> an Amendment to the Gold Hill Mill Permit, Permit No. M-1994-117. <br /> I have reviewed the Easement for Water Line With Access dated September 24, 2015 between <br /> Gene L. Sapp and Dene F. Sapp (the "Sapps") and Colorado Milling Company, LLC (the <br /> "Agreement") with regard to addressing the question of the extent of the indemnity afforded the <br /> Sapps under the Agreement and whether the Agreement is sufficient to provide for compensation <br /> in the event of damage to structures. <br /> It is my opinion, having reviewed the recorded document(the Easement for Water Line With <br /> Access)that the definition of"real property" within that document at paragraph 1 includes the <br /> entire Eureka Millsite, MS 601 B, and the provision at paragraph 3 requiring Colorado Milling <br /> Company, LLC as Grantee "to restore the real property as nearly as reasonably possible to its <br /> condition prior to any material disturbance from the construction, operation, maintenance, repair <br /> or replacement of the water line" is sufficient to require indemnification against any damage to <br /> structures on the Eureka Millsite as well as the raw land. <br /> I have discussed this matter with Colorado Milling Company, LLC, and the entity acknowledges <br /> its obligations to restore structures as well as raw land should any damage occur as a result of the <br /> activities covered by the Agreement. <br /> Please feel free to contact me if you have any further questions. <br /> Very truly yours <br /> cc: client nthia T. Kennedy <br />
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