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1 <br />• _ _ <br />_ ~_ III'll lll'II IIII III <br />999 <br />TUTTLE APPLEGATE, INC. <br />~~- Consultants for Land and Resource Development <br />October 9, 1990 <br />Mr. Daniel Hernandez <br />Mined Land Reclamation Division <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />RE: Perry Pit; File #M-90-98 <br />Dear Dan: <br />• <br />~~~~I~~~ <br />OCT101990 <br />Mined Land <br />Reclamation Divig(an <br />We have received your letter of October 1, 1990, outlining the <br />adequacy items for the Perry Pit. I will respond to each one of <br />your questions in the same order as your letter. <br />1. At the present time we do not have a written agreement to come <br />closer than 200 feet to the Lupton Bottoms Ditch, the electric <br />utility poles of Public Service Company, or the gas well and <br />support facilities. We will attempt to obtain these <br />agreements, but it is doubtful if that will occur prior to <br />October 15, 1990. <br />The approval by Weld County of the Mining Plan will state that <br />we have answered the transportation concerns of the Board of <br />County Commissioners. Thus that approval will include the two <br />/ County road bridges. <br />The existing house is owned by the lessor and the Mining Plan <br />complies with all the terms of the lease. Therefore, the <br />house is not a concern. Further, the lessor has approved <br />~/ usage of the house by the lessee during the term of the lease. <br />We agree to a condition in the approval that the Lupton <br />Bottoms Ditch, the utility poles, and the gas well must have <br />a 200 foot setback unless the operator supplies the Division <br />with a si/gn-off letter modifying same. <br />~. G4.~ L~f Vt. <br />~2. The existing dikes on the property are low linear mounds of <br />earth three to four feet in height. In general they are <br />difficult to observe because of the overgrowth of vegetation. <br />These dikes were constructed by the Army Corps of Engineers in <br />the mid 60's. <br />The dikes were constructed either with or without the <br />permission of the landowner and the Corps of Engineers <br />obtained neither an easement nor a deed to perform the <br />construction. In addition, the Corps of Engineers has never <br />provided maintenance on the dikes. Therefore, these dikes are <br />within the sole ownership of the property owner. <br />11990 Grant Street Suite 410 Denver, Colorado 80233 452-6611 <br />