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,~ <br />IIIIIIIIIIIIIIIIIII` <br />LIND, LAWRENCE 8~ OTTENHOFF LLP <br />ATTORNEYS AT LAW <br />THE LAW BUILDING <br />1011 ELEVENTH AVENUE <br />GREELEY, COLDRADO BOB31 <br />GEORGE H. O77ENHOFF <br />KENNETH F. LIND <br />K1M 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 />Denver, CO 60203 <br />TELEPHONE <br />(070} 956-9160 <br />(970) 353.2323 <br />7ELECOPIER <br />(070) 35&1111 <br />Wm(aJllolew.mm <br />VIA FAX 303-832-8106 <br />Re: Platte Sand and Gravel, LLC., File No. M-20D0-158 <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. Westem Mutual is not currently a party. This <br />letterwill constitute a request, pursuantto 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 forthe purposes of appearing beforethe 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 io 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 of the 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 water from the Ditch, as groundwater levels <br />recede, and cause signiflcantdamage to 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:UCIMIWESTERA.MUTlPlatte Sand1010517 MLRB.wpd <br />EXHIBIT <br />~- <br />