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