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;~ •~~ <br />III IIIIIIIIIIIIIIII ~ qF~~ <br />Division Correspondence Only ~~ /~~~ <br />STATE OF COLORADO ~'~., Y 9198A <br />~'/1 ~r~ fi/'~/c/y 7 <br />DIV:LSION OF WILDLIFE a~~~,,~~y <br />DEPARTMENT OF NATURAL RESOURCES <br />DATE: May 6, 1994 <br />TO: Allen Sorenson <br />FROM: Rick Moss ~,~~'( <br />SUBJECT: Sand and gravel Mine/Reclamation Permit #M-83-090. <br />I talked to Mr. Larry DeClaire this week, and he advised after his <br />conversation with you that MLRD would not transfer the permit to <br />Hall Irwin Construction until the mining operation was brought into <br />compliance with the' terms of the permit and the DOW easement <br />stipulations. I want to take this opportunity to thank you for <br />working with us in trying to resolve the situation! I also want to <br />thank you for sending me a copy of the field inspection report that <br />you did on April 15t:h. ! <br />Please keep me posted as new items develop, and I'll keep you <br />updated as things develop on our end. Mr. DeClaire and Mr. Sims <br />are still discussing the situation, and Mr. DeClaire advised that <br />he will probably be contacting MLRD again in the near future. <br />On a related item, on the same day that Mr. DeClaire wrote his <br />letter (4-22-94), Mx'. Brett Hall of Hall-Irwin Construction, Inc. <br />told me that he was selling all the water rights he acquired with <br />the Frank property along with the ponds (which are not decreed) to <br />the Central Colorado Water Conservancy District. This might <br />jeopardize the substitute plan of supply and augmentation plan that <br />was originally filed by Mr. Lee House (the previous owner), as <br />these water rights are the basis for augmenting evaporative losses <br />from the ponds. These plans are presently pending review in Dick <br />Wolfe's office at DOWR. Mr. DeClaire advised today that Mr. Simms <br />of the A.G.'s Offi~:e will be contacting Central this week to <br />discuss their plans for the water rights and ponds. I haven't <br />talked to Central yet, but Mr. Hall thought that Central planned to <br />line the ponds, and then make releases from them at various times <br />of the year which would cause the ponds to fluctuate. I consulted <br />with our fishery biologists, who advised that fluctuations could be <br />detrimental to the fishery. If this occurred, it could be in <br />violation of the stipulated agreement between Franks/et. al. and <br />the DOW. <br />