2008-01-30_PERMIT FILE - M2007069

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G~rC Z High Line Canal Co P.O. (Boot II00 ~Y Fell CO 81067 January 28, 2008 Deb Zack Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 Dan Henrichs Superintendent 49707 E Hwy 50 Avondale, CO 81022 (719)469-4107 . REeEIV~D ... ~ .. Dear Ms. Zack: ~~~ ~~~ Division of iteclamation, Mining and Safety As authorized representative of the High Line Canal Company (High Line) in the matter of Pheasant Run Gravel Pit, File No. M-2007-069, application of Centennial State Paving, Inc. (Centennial), I hereby provide this letter withdrawing High Line's objection to the permit application. The withdrawal of this objection is based on a recent agreement between High Line and Centennial which conditionally approves Centennial's right of entry and mining in the vicinity of the High Line Canal. Without limiting the scope of the agreement it generally provides the following: 1) mine operations shall not damage the.Canal or interfere with the operation of the Canal, 2) mining north of the Canal shall remain at least 200 feet from the north bank of the Canal, 3) Centennial may mine closer on the north only after High Line and Centennial negotiate a safe setback distance based on a geotechnical slope stability analysis to be provided by Centennial, 4) mining will start south of the Canal, 5) the area between Phase 2 and Phase 3 on the north side of the Canal shall not be mined, 5) a temporary bridge may be placed over the Canal with at least 4 feet of freeboard, 6) mining south of the Canal will begin no closer than 50 feet from the Canal bank and shall not be excavated at a steeper than a 3:1 slope, 7) if groundwater is encountered, Centennial will cover the exposed water area to at least 2 feet above the water, 8) no dewatering will be discharged into the Canal, 9) Centennial may be required to monitor seepage from the Canal, 10) High Line shall have access to maintain and operate the Canal; 11) Centennial will compensate High Line for damage, and 12) Centennial will reimburse High Line for its expenses in reviewing this permit application and the future stability analysis, If you have any questions in this regard nfeasP dp nat h?si}ate to ca!I m?. Sincerely, Mark A. McLean, P.E. Deere & Ault Consultants, Inc.