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<br />2. In the event of any drawdown of the Miriam J. Bromley and K.T. Barr, Inc. (Bromley and <br />I Barr) wells and lakes (as indicated in Exhibit A attached to July 22, 1999 indemn~catiar <br />agreement between CAMAS and Bromley and KTB), to the extent Bromley and KTB are <br />unable to recover and use the amounts of water historically taken from the Bromley and <br />' KTD wells and lakes, it shall be presumed, in the absense of substantial, credible evidence <br />to the contrary that such a drawdown is a result of the mining activities of CAMAS on the <br />CAMAS property. If CAMAS cannot demonstrate to the Board's satisfaction through <br />substantial, credible evidence that any drawdown that adversely impacts the historic use of <br />the Bromley and KTB wells and lakes has not been caused by CAMAS's mining activities, <br />then the drawdown shall be considered an adverse impact to off-site property and water <br />' quantity as established in Section 3~l-32.5-//6(4)(h), C.R.S. and constructin rule 3.1.6(I), <br />and within 60 days CAMAS shall present to the Board and implement a satisfactory plan to <br />restore the historic amounts of water available in the Bromley and KTB wells and lakes. <br />OVERVIEW <br />' The permit area includes parts of the S. Platte River area. CAMAS owns all of the property in the <br />permit azea, except for leasing a part of the processing plant area and a 16+ acre portion of property <br />along McKay Road. The permit area on the east side of the S. Platte River is named as the "Fulton <br />Wildlife Area" portion (Parcels A and B) and the "Plant Site" (Parcels C-1, C-2, and C-3). Parcels <br />A and B are owned by CAMAS and separated by PSCo. right-of--way property. The C pazcels are <br />south of the 100's Avenue and will be utilized as the plant site. Parcel C-1 is being purchased by <br />CAMAS. Parcels C-2 and C-3 are being leased by CAMAS. The permit area on the west side of the <br />S. Platte River is named as the "Cooley Reservoir" portion (Parcels D-1, D-2, and D-3). Parcels D-2 <br />' and D-3 aze separated by PSCo.right-of--way, and are owned by CAMAS. Parcel D-1 will either be <br />purchased by CAMAS, or leased for mining. Most, but not all, of the Cooley Reservoir portion of <br />this permit is the only undisturbed portion of MLRB Permit #73-2. This permit will thus exclude this <br />property from MLRB Permit 73-2 by inclusion in this permit's approval requirements. <br />Abutting roads, the Fulton Ditch, and PSCo. power line towers are the only major off-site structures <br />within 200' of proposed mining. Minimum proposed mining setback from adjacent property lines, <br />104'" Avenue-SH44, McKay Road, 100"' Avenue, the Sinclair gas pipeline on the Cooley Reservoir's <br />portion of the property, and the City ofNorthglenn's water discharge pipeline on the Fulton Lake's <br />portion of the property is 35'. The mining setback from the Sinclair gas pipeline and a future pipeline <br />from the Central Colorado Water Conservancy District on the Fulton Lake's portion will be much <br />further than the minimum 35', because of the City ofNorthglenn's pipeline being located closest to <br />any proposed mining. Muumum mining setback from the PSCo. towers and from the inside top of the <br />high bank of the Fulton Ditch is 65'. although the required 35' setback from any property line will <br />actually lead to a setback of 85'± from any of the PSCo. tower structures. <br /> <br /> <br /> <br />