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y ~~ ~1'~i0~ /,..riE' , <br />~~ _- <br />~~ff~ ~~~ ~~ ~ Dan Henrichs Superintendent <br />~~.•77 49707 E Hwy 50 <br />Pte. ~~ Avontlale, CO 81022 <br />~yFad ~t}~~711 (719)469<707 <br />November 8, 2007 <br />Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Dear Deb Zack: <br />e M- 2ov7-O~ j' <br />~,~w <br />RECEIVED <br />~'NOV 13 2007 <br />Division of Reclamation, <br />Mining and Safely <br />The High Line Canal Co would like to oppose the Pheasant Run Gravel Pit permit #2007-069 as <br />planned, located at or near Section 32, Township 21 south, Range 60 west, 6"' Prime Meridian. We <br />would also request party status. We supported this application during the Pueblo County zoning <br />process with some conditions. We have two major concerns with the removal of so much material, will <br />that, cause an increase of seep water from the canal and will the removal of the material cause <br />destabilization of the banks and cause a wash out and loss of water? <br />We furthermore oppose this plan based on Rule 6.4.19 of page 149, because there is no agreement <br />between the plan proponents and the High Line Canal. The proposed plan would allow mining that <br />could affect the stability of the dttch, could increase the seepage from the ditch and could interfere with <br />the operations of the ditch. In order to negotiate such and agreement the plan proponents must: <br />a. Provide a stability analysis acceptable to the Ditch company that shows that their <br />proposed mining would not adversely impact the ditch stability or <br />b. Relocate the anal <br />Also base on rule 3.1.6: <br />c. Agree to a no dewatering provision in order that the groundwater is not bwered and thus <br />would not result in inducing additional seepage from the ditch, <br />d. Submit plans acceptable to the High Line canal for any crossing or other activities with in <br />the ditch easement and <br />e. Provide for adequate compensation for damages if any of their activities results in the <br />inability, or reduced ability, to deliver irrigation water to shareholders, and <br />f. Finally, stating that'rf such an agreement cannot be obtained, DRMS should restrict mining <br />as folktws: i. No mining within 200 feet of the tce of the slope <br />at any point on each of the ditch banks, and <br />ii. No within 18 inches of the seasonal high water table, <br />and <br />iii No dewatering of groundwater on the property, and <br />iv. No access across the ditch except at the existing <br />crossings, and then only 'rf such existing structures <br />are adequate for the loads, and <br />v. No activities or encroachments of any kind within <br />the dttch easement. <br />