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• iii iiiiiiiiiiiii iii • THE DEWVER AND RIO GRANDE WESTERN RAILROAD COMPANY SOUTHERN PACIFIC TRANSPORTATION COMPANY P.O. Box 5482 Denver, Colorado 80217 `® ~~ REAL ESTATE DEPARTMENT ~p May 6, 1991 RECE~~lcL~ U.S. CERTIFIED MAIL MAY 9 1991 Mined Land Mined Land Reclamation Board Reclamation Division 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Sirs: The Denver and Rio Grande Western Railroad Company Ss in receipt of the notice that a public hearing will be held to consider an application by Western Aggregates, Inc. for proposed mine (Gonda, McKay Mine) in an area located in Section 4 and 9, Township 2 South, Range 70 West, 6th Prime Meridian, Colorado situated in close proximity or immediately adJacent to the D&RGW right of way. This particular application, if approved, would be either close or adJoining our Aggregate Spur line. Our Company is concerned about the prospect of having the proposed mine close to or adJoining our right of way. If the proposal is granted, there would be an Sncrease in vehicular and pedestrian traffic in this immediate area. ,4s the Mined Land Reclamation Board is no doubt aware, many who would use the subject area would enter and depart by unauthorized and unsafe methods, such as cutting across the right of way, which is strictly prohibited by the Railroad, or be entering or leaving the proposed area by crossing the tracks where no crossing at all exists. No information has been submitted as to how drainage will pass across the Railroad right of way. Any utility crossings will require permits or licensee from the Railroad and plans must be approved by the D&RGW in advance. If the Mined Land Reclamation Board grants the requested approval of the application, we would like to insist that the following three (3) conditions, vhlch our Company feels should be met to preserve the public safety, be made a condition to the granting of the application by the above referenced applicant. They are: (1) That the applicants provide us with engineering plans regardlrtg drainage as it might affect our right of way. (2) That no vehicles or individuals using the proposed development be allowed to enter upon or cross our right of way except at established public crossings. Type of warning devices to be determined by the Colorado Public Utilities Commission. (3) That when the referenced application is heard by the Mined Land Reclamation Board and the County Jefferson, that this letter be made a part of the proceeding. spect lly, wv F. Downes, Jr. t Manager Contracts