Laserfiche WebLink
.-., <br />Harvey W. Curtis <br />David L. Kueter <br />Sheela S. Stack <br />HARVEY W. CURTIS <br />& ASSOCIATES <br />ATTORNEYS AT LAW <br />8310 South Valley Highway, Suite 230 <br />Englewood, Colorado 90112 <br />(303)292-1144 <br />Facsimile (303) 292-1764 <br />emait. firmQcurtis-law.com <br />May 30, 2006 <br />VIA HAND DELIVERY <br />Kevin Rein, P.E, <br />Office of the State Engineer <br />1313 Sherman Street, Room 818 <br />Denver, CO 80203 <br />EXHIBIT D <br />Of Counsel: <br />Star L. Waring <br />Christina A. Fiflis <br />Patricia A. Madsen <br />RE: Divisian of.Minerais and Geology ("DMG") Permit File No. M-2005-080, <br />Allen Drilling and Excavating Co., Inc. <br />Dear Mr. Rein: <br />,~ This firm represents Objectors, Robert L. White, Kent Rolf, Curt Sayer and Fred H. Wisely <br />in the above-referenced DMG permit application. <br />The purpose of this letter is to request a copy of the State Engineer's Response to the <br />Regular 112 Operation Reclamation Permit Application filed by Allen Drilling and Excavating Co., <br />Inc., File No.' M-2005-080 on February 6, 2006. No ,response to the Reclamation Permit <br />Application consideration was found in the DMG file. . <br />The applicant states in its application that "[m]ining is expected to have no impact on the <br />prevailing hydrologic balance.. Ground water will not be exposed; therefore, a Substitute Water <br />Supply Plan will not be necessary." Exhibit G of Application (attached hereto as Exhibit A). The <br />applicant states that this operation will excavate down to approximately 10 feet and will. not expose <br />groundwater. Exlu'bit D ofApplication (attached hereto as Exhibit B). <br />The ten (10) feet seems unrealistic. On May 8, 1995, the DMG approved the permit <br />application for the Ansley Pit No. 2, immediately adjacent to the proposed Allen Pit, operated by <br />Pazk County Road and Bridge Depaztment (the "County"), File No. M-1995-027. The County had <br />stated in its application that the estimated depth of the pit is 10 feet and "there will be no <br />groundwater or surface water rights involved in the operation." Exhibit B, Mining Plan of <br />Application (attached hereto as Exhibit C). On April 19, 2001,Tony Waldron, Environmental <br />Protection Specialist of the BMG inspected the Ansley Pit #2 site. Mr. Waldron found that "[t]he <br />1 operator has exposed groundwater'during the mining process without having first obtained proper <br />