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<br /> <br />LIND, LAWRENCE 8r OTTENHOFF LLP <br />ATTORNEYS AT LAW <br />THE LAW BUILDING <br />1011 ELEVENTH AVENUE <br />GREELEY,COLORADO 80837 <br />GEORGE H O7TENHOFF <br />KENNETH F. LIND <br />KIM R. LAWRENCE <br />P. ANDREW JONES <br />RICHARD T. LIPUMA <br />May 18, 2001 <br />Mined Land Reclamation Board <br />c/o Ms. Erica Crosby <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, room 215 <br />TELEPHONE <br />(970) 3568160 <br />(970) 353-2323 <br />TELECOPIER <br />(970) 3567177 <br />kim(dllolaw.mm <br />VIA FAX 303-832-8106 I~ <br />Denver, CO 80203 <br />Re: Platte Sand and Gravel, LLC., File No. M-2000-158 <br />Dear Board Members, <br />In addition to representing Michael Ptasnik, a party to this proceeding, this firm represents <br />Western Mutual Ditch Company (hereinafter "Western" or the "Company"), whose ditch <br />borders the proposed gravel mining site. Western Mutual is not currently a party. This <br />letter will constitute a request, pursuant to Rule 2.7.2, Mineral Rules and Regulations ofthe <br />Colorado Mined Land Reclamation Board for the Extraction of Construction Materials, to <br />admit Western Mutual for the purposes of appearing before the hearing scheduled to occur <br />before the Mined Land Reclamation Board May 23 and 24, 2001. Rule 2.7.2 provides that <br />"At the Board Hearing, subsequent to the pre-hearing conference, the Board....may admit <br />any person to the hearing for limited purposes." <br />Because of the proximity of the Western Mutual Ditch to the proposed mining area, the <br />Ditch will be dramatically impacted by the Applicant's activities, unless provisions are <br />placed in the 112 permit to protect the hydrological integrity ofthe groundwater regime and <br />the structural integrity of the Ditch. The water rights flowing the Western Mutual Ditch are <br />senior in priority and are extremely valuable both from a monetary standpoint and as a <br />practical matter to the farmers who use them for irrigation. Any dewatering activities <br />conducted by the Applicant could literally take waterfrom the Ditch, as groundwater levels <br />recede, and cause significantdamageto shareholders. In addition, mining inclose proximity <br />could threaten the structural integrity of the Ditch, as could use of the Ditch access road <br />by heavy equipment. The rationale does not specifically discuss the impact of Applicant's <br />F:V(IM\WESTERN.MUT\Platte Sand\010517 MLRB.wpd <br />EXHIBIT <br />