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• iii iiiiiiiiniiiiii <br />HILL ANn HILL <br />ATTORNEYS AT LAW <br />A PROFESSIONAL CORPORATION <br />ALDEN T. Hlll. FORT COLLINS, COLORADO 80522 p. O. BOX 427 <br />ALDEN V. HILI. 760 WEST MOUNTAIN AVE. <br />DOUGLAS A. (iLOVER TELEPHONE (303) 4623683 <br />January 18 , 19 9 3 F'ix (~) 482-sae <br />VIA TE:LEFAX ~~~~~~~~ ~~) <br />Mr. Carl B. Mount J <br />senior Reclamation specialist AN 2 ®199 <br />Colorado Division of Minerals & Geology ~~Vi~,.,, <br />Dept. of Natural Resources M~NE~LS~u(=fit- ' <br />1313 Sherman, Rm. 215 <br />Denver, CO 80203_ _ _ _ _ _ <br />R:E: Our Client: The North Poudre Irrigation Co. <br />Informal Conference - Don Kehn Construction, Inc. <br />Timnath Pit - File No. M-89-056 <br />Dear Mr. Mount: <br />North Poudre has submitted its comments to the State and the <br />County of Larimer because of written notice given to it. <br />North Poudre owns and operates the Fossil Creek Reservoir and <br />the Fossil Creek Outlet Ditch. The Fossil Creek Outlet Ditch is in <br />close proximity to the Timnath Pit application. <br />I have had cited to me C.R.S. §34-32-115(4)(d). Certainly, if <br />the mining operation is not within 200 feet of the North Poudre <br />ditch and right-of-way, that should not be a problem to North <br />Poudre. At this time, there is no agreement between North Poudre <br />and the applicant. If there is written agreement, it may well be <br />acceptable for the mining operations to be closer than 200 feet, <br />but North Poudre expects that there will be no damage to its ditch <br />and that it have adequate right-of-way along same, and that this be <br />fenced. <br />We do not believe it is necessary for us to appear at the <br />inform.sl conference and ask that all our written comments be <br />considered. <br />Very truly yours, <br />'/ [~ . <br />Alden V. Hill <br />AVH:rk <br />cc: Robert L. Stieben, Manager <br />T:he North Poudre Irrigation Co. <br />