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• III IIIIIIIIIIIII III • <br />THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY <br />SOUTHERN PACIFIC TRANSPORTATfON COMPANY <br />P.O. Box 5482 Denver, Colorado 80217 <br />REAL ESTATE DEPARTMENT R <br />May 6, 1991 e `~~~~\`C~ <br />II.S. CERTIFIED MAIL <br />h4AY 9 1991 <br />RETDRN RECEIPT REQUFSTID <br />lviiflQC Ldfld <br />Mined Land Reclamation Board Ry[;13R1311011 DIVISIDfI <br />1313 Sh~°rman Street, Room 215 <br />Denver, Colorado 80203 <br />Dear Sias: <br />The Denver and Rio Grande Western Railroad Company is in receipt of the notice that <br />a public: hearing will be held to consider an application by Western Aggregates, Inc. <br />for proposed mine (Gonda, McKay Mine) in an area located in Section 4 and 9, <br />Township 2 South, Range 70 West, 6th Prime Meridian, Colorado situated in close <br />proximity or immediately adJacent to the D&RGW right of way. <br />This particular application, if approved, would be either close or ad~olning our <br />Aggregate Spur line. Our Company is concerned about the prospect of having the <br />proposed mine close to or adjoining our right of wayy. If the proposal ie granted, <br />there would be an increase in vehicular and pedestrian traffic in this immediate <br />area. A,s the Mined Land Reclamation Board is no doubt aware, many who would use the <br />subject area would enter and depart by unauthorized and unsafe methods, such as <br />cutting across the right of way, which is strictly prohibited by the Railroad, or <br />be entering or leaving the proposed area by crossing the tracks where no crossing <br />at all exists. <br />No info7•mation has been submitted as to how drainage will pass across the Railroad <br />right of way. Any utility crossings will require permits or licenses from the <br />Railroad and plans must be approved by the D&RGW Sn advance. <br />If the Mined Land Reclamation Board grants the requested approval of the <br />application, we would like to insist that the following three (3) conditions, which <br />our Company feels should be met to preserve the public safety, be made a condition <br />to the Esranting of the application by the above referenced applicant. They are: <br />(1) That the applicants provide us with engineering plane <br />regarding drainage as it might affect our right of way. <br />(2) That no vehicles or individuals using the proposed development <br />be allowed to enter upon or cross our right of wap except at <br />established un bllc crossings. Type of warning devices to be <br />determined by the Colorado Public Utilities Commission. <br />(3) That when the referenced application Ss heard by the Mined <br />Land Reclamation Board and the County Jefferson, that this <br />letter be made a part of the proceeding. <br />spect lly, <br />W. F. Downe6s~Jr~ <br />Manager Contracts t••/ <br />