2020-03-30_PERMIT FILE - M2020008

• Permit No: M2020008
• IBM Index Class Name: PERMIT FILE
• Doc Date: 3/30/2020
• Doc Name: Adequacy Concerns
• From: Karp Neu Hanlon
• To: DRMS
• Email Name: LJW
• Media Type: D
• Archive: No

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KarpNeuHanIom Michael J. Sawyer
www.mountainlawfirm.com Partner/Shareholder
Glenwood Springs—Main Office Aspen Montrose mjsnmountainlawfirm.com
201 14th Street,Suite 200 323 W.Main Street 1544 Oxbow Drive Direct:970.928.2118
P.O.Drawer 2030 Suite 301 Suite 224 Office:970.945.2261
Glenwood Springs,CO 81602 Aspen,CO 81611 Montrose,CO 81402 Fax: [phone]
*Direct Mail to Glenwood Springs
March 23, 2020 RECON/ED
Lucas West MAR 3 0 2020
Colorado Division of Reclamation, Mining& Safety DIVISION OF RECLAMATION
1313 Sherman Street, Room 215 WOMAN)SAFETY
Denver, CO 80203
Sent via email and US Mail . ,, al! mai
RE: Application M2020-008, Scott Contracting Rifle Gravel Pit#1
Dear Mr. West:
My firm represents Island Park LLC,the owner of property adjoining on the northwest side
the land included in the Scott Contracting Inc. ("Scott")application referenced above. Exhibit A.
Island Park has serious concerns about the adequacy of the application materials submitted by
Scott and whether the mining plan meets the requirements of applicable statutes, DRMS
regulations, and property law. These concerns range from impacts to water, wetlands, wildlife,
and lack of necessary easement interests. These concerns are discussed further below.
I. Scott lacks any easement or right to use the Island Park ditch lateral and therefore its
dewatering plan is impractical.
An integral part of the Scott mining plan to dewater the proposed pit requires using the
existing Island Park ditch lateral to convey water to the Colorado River. See, Application at 14,
15, 26, 27. This lateral ditch is not located at any point on the Scott property. Instead, it crosses
exclusively property owned by Island Park and the neighboring Grant Bros Ranch Ltd. property.
Exhibit B.
Scott does not have any ownership interest in the Island Park lateral ditch necessary for
their project. Instead,this lateral ditch is used by the Last Chance Ditch CompanyI pursuant to an
arrangement with the underlying property owners. The rights of the Last Chance Ditch Company
to use the lateral are strictly for re-regulation of flows in the Last Chance Ditch (to send excess
water to the river)and do not include the right to deposit effluent from de-watering activities. Use
of the Island Park lateral by the Last Chance Ditch Company are permissive by the landowners
and the Ditch Company lacks the ability to expand the uses. The Island Park ditch lateral is not
allowed to carry drainage water from the Scott property. Scott has failed to provide any evidence
of consent to use the Island Park lateral ditch from the underlying landowners. Scott is legally
precluded from increasing the manner (including sedimentation), amount or timing of drainage
The Last Chance Ditch Company(a/k/a the Loesch&Crann Ditch)is an incorporated ditch company with a
functioning board of directors. Exhibit C.