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get on with this. So we feel like we have, this could be quite a problem <br />for us, a serious problem for us if we couldn't get at the, resolve this <br />today. <br />DICK WARD: On the date question, December 31st as the termination of the lease. <br />Do I understand you correctly? <br />WAYNE SMITH: That is true. The owner of the property has already optioned it out to <br />another individual who is willing to sell us the portions South of the river. <br />But we have to close that before the 15th or its gone. <br />BRAD JANES: The lease as I understood it stated that this thing expired, I believe <br />in 79. But ChaC if they had difficulty obtaining a permit from the Board <br />that the lease would be extended for a period of 9 months. That was my <br />understanding from reading the lease. <br />WAYNE SMITH: I can assure you the lease expires, and that's the right to be there, <br />on December 31 of this year. The property has already been optioned by <br />the current landowner to another outfit, we really don't have anything <br />or right to purchase it, as it were, (inaudible) <br />Without a permit, I can't believe that (inaudible) <br />JOHN WARD: What are the rest of the problems as you see theml <br />BRAD JANES: Establishing an operating distance between adjacent properties, irrigation <br />ditches, at least 50 feet from those. Containing an operational distance <br />of 100 feet from the river over-ali. Regarding the creation of the ponds, <br />they have proposed a series of ponds. There method of creating those ponds <br />is to excavate the entire area and then replace material with dividers, <br />which means, comprised primarily of fines. It doesn't necessarily <br />facilitate planning regarding (inaudible) necessary, or placement <br />or what problems they might encounter placing fine material thru the <br />saturated condition and then traversing it over with heavy equipment. <br />Staff believes that it would be preferable that dividers be planned in <br />advance and remain unexcavated. This is an item for discussion. <br />LARRY BROWN: There are a lot of items for discussion, what about the buffer zone. <br />What authority do we have to allow that sort of thing? <br />BRAD JANES: The logic for a 100 foot buffer was that we would like to see provisions <br />made for Che lack of maintaining the overall Qinaudible) of a major <br />tributary, in this case the St. Vrain. Of course this is probably <br />quan[ative measures that we could obtain to come up with a specific buffer <br />between those two systems but what we would not like to see that is that <br />during high waters, the force of those high waters could create a breach <br />in a buffer and breach the two systems, the ponds and the river and in that <br />