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June 27, 2007 <br />Joe Dudash ~Gf ~`v~0 <br />Colorado Division of Reclamation, Mining, and Safety G <br />1313 Sherman Street, Rm 215 ~ ~92~p1 <br />Denver, CO 80203 D1v1MU ~9 a d Sa ety o~ <br />Dear Mr. Dudash; <br />This letter is to serve as a response to your May 28`x' letter regarding PR-10. <br />The Terror Ditch and Reservoir Company is vehemently opposed to any granting of <br />nearby (Bruce Park) mining rights irregardless of monitoring programs: We admit these <br />grant a larger probability of eazly warnirig to a potentially catastrophic event, but in no <br />way do they ensure certitude of safety. We also realize that the "slide" is the unknown <br />variable and perhaps poses the equal or greater danger. <br />As both Misters Norfleet and Ward note in their analysis... "...the risk of dams failing <br />due to the seismic loading appears minimal." We believe the risk of dam failure is a <br />definite possibility. Minimal risk is not acceptable. Any risk caused by any mining <br />activity must be fully mitigated and insured by the mine and such insurance must not be <br />broken due to business failure, bankruptcy or any other factor. We must have complete <br />assurance that not only will the mine not impact our reservoir, but that any damage or <br />reduction in the reservoirs' capacity to provide our water will be fully repaired to <br />our satisfaction no matter what the status of the mining company that originally signed <br />the agreement. <br />In his analysis of the slide, Mr. Norfleet writes, " if the dam survives overtopping should <br />it occur, resulting damage may be limited to decreased reservoir volume and possible <br />blocked intake structure for the outlet works." (Italics added) <br />"[f the dam survives," is exactly the point TDRC is trying to impress on you. <br />Furthermore there is no hard analysis of what events the slide area could withstand. This <br />entire area is classified as unstable by the USGS, and even in Mr. Stover's report <br />provided by Yeh and Associates (stamped 1/6/06) on the slide, in the Conclusions and <br />Recommendations section; <br />"In summary, we do not believe the global stability <br />of the existing landslide would be significantly <br />reduced due to mining activity near Terror Reservoir. <br />The slight reduction in global stability would likely <br />not cause a catastrophic slope Failure large or fast <br />enough to compromise the integrity of the Bruce Park Dam." <br />(Italics added) <br />