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<br />Bernard Lyons Caddis ~. Kahn <br />----,.. <br />A Professional Corporation ~~`"' Attorneys and Counselors <br />March 4, 2005 <br />Thomas A. Schreiner <br />State of Colorado <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Re: File Pit 212Applicatlon, File No. M-2004047 <br />Dear Tom: <br />VIA EMAIL• tom.schrelner@state.co.us <br />AND VIA U.S. MAIL <br />Wr'f~te(rvwa~ o{~ Olo~e <~i`w~ ,, <br />My clients (Boulder and Weld County Ditch Company, the New Consolidated Lower Boulder Reservoir <br />and Ditch Company and the Water Users Association of District No. 6 have agreed to resolve our <br />object[on to the issuance of the above referenced permit as follows. FARFRUMWURKIN LLLP will <br />agree to install a "Hydraulic barrier trench or seepage barrier as shown on the attached drawings <br />labeled as Sheet 1 and Sheet 2 and as described in the attached 2.0 Mitigation Strategy. Please be <br />advised that we are not requiring any monitoring or observation program concerning water levels. <br />On the other hand, FARFRUMWURKIN LLLP has agreed to install the barrier trench or seepage <br />barrier prior to commencing mining operations pursuant to the applied for permit. Therefore the <br />installation of the hydraulic barrier trench or seepage barrier should be made a condition of the <br />issuance of the permit. W(th that understanding, my clients above referenced withdraw the <br />objection to the issuance of the permit. <br />I would appreciate it if you could send me a copy of the permit as Issued. <br />Thank you for your cooperation In this matter. If you have any questions please contact me. <br />Sincerely yours, <br />11K:bas <br />Enclosures <br />515 Klmbark Street • Second Floor • P.O. Box 978 Longmont, CO 80502-0978 <br />Phone: 303-776-9900 Fax: 303-413-1003 • www.blglaw.com <br />BERNARD, LYONS, CADDIS & KAHN, <br />