PERMFILE57597

• Permit No: M2005080
• IBM Index Class Name: Permit File
• Doc Date: 5/30/2006
• Doc Name: Copy of Letter from Mr Curtis to State Engineer
• From: Harvey W. Curtis
• To: OSE
• Media Type: D
• Archive: No

RECEIVED NgN
HARVEY W. CURTIS ~ MAY 3 0 2005 '~
& ASSOCIATES
C ATTORNEYS AT LAW Oiuision ~f Minerals and Gao~~ounsel:
Harvey W. Curfls 8310 South Valley Highway, Suite 230
David L. Kueter Englewood, Colorado 80112 Star L. Waring
Sheela S. Stack (3o3)zsz-ttaa Christina A. Fiflis
Patricia A. Madsen
Facsimile [phone]
email: [e-mail]
May 30, 2006
VIA HAND DELIVERY
Kevin Rein, P.E.
Office of the State Engineer
1313 Sherman Street, Room 818
Denver, CO 80203
RE: Division of Minerals and Geology ("DMG") Permit File No. M-2005-080, "~
Allen Drilling and Excavating Co., Inc.
Dear Mr. Rein:
C This firm represents Objectors, Robert L. White, Kent Rolf, Curt Sayer and Fred H. Wisely
in the above-referenced DMG permit application.
The purpose of this letter is to !request a copy of the State Engineer's Response to the
Regular 112 Operation Reclamation Permit Application filed by Allen Drilling and Excavating Co.,
Inc.> File No. M-2005-080 on February 6, 2006. No response to the Reclamation Permit
Application consideration was found in [he DMG file.
The applicant states in its application that "[m]ining is expected to have no impact on the
prevailing hydrologic balance. Ground water will not be exposed; therefore, a Substitute Water
Supply Plan will not be necessary." Exhibit G ofApp[ication (attached hereto as Exhibit A). The
applicant states that this operation will excavate down to approximately 10 feet and will not expose
groundwater. Exhibit D ofApplication (attached hereto as Exhibit B).
The ten (10) feet seems unrealistic. On May 8, 1995, the DMG approved the permit
application for the Ansley Pit No. 2, immediately adjacent to the proposed Allen Pit, operated by
Park County Road and Bridge Department {the "County"), File No. M-1995-027. The County had
stated in its application that the estimated depth of the pit is 10 feet and "there will be no
groundwater or surface water rights involved in the operation." Exhibit B, Mining Plan of
Application (attached hereto as Exhibit C). On April 19, 2001,Tony Waldron, Environmental
Protection Specialist of the DMG inspected the Ansley Pit #2 site. Mr. Waldron found that "[t]he
operator has exposed groundwater during the mining process without having first obtained proper