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Mr. Peter Hays f <br />Re: SerFer Pit; Adequacy Letter Response <br />July 9, ? 2008 <br />Page 6 of 7 <br />oxbow. An 8-incpump with- a maximum discharge rate of 800 gpm will be used <br />to pump water from the settling ponds into the river. <br />Rule 6A.14 Exhibit N - Source of Legal Right to Enter <br />-16. The applicant, submitted a letter- from the Division of Wildlife -(DOW) regarding an <br />..easement on the property located on the southwest corner of Colorado- Highway 392 and.. <br />Weld County Road 13. Please depict this area on the map, and describe what measures <br />are to be taken.to protect the DO W's interest on the property. <br />The 'DOW easeml nt was established to grant hunting and fishing access to the <br />Cache la Poudre ?l River. - In an. effort to ensure DOW, interests, are protected, <br />Connell Resources, Inc. is, working with DOW to revise and update. the <br />agreement. Once an agreement is-reached, DRMS will' be furnished a copy for <br />-their records: <br />Rule,6.4.19 Exhibit S - Permanent Man-Made Structures <br />17. The application proposes. to mine through a number of structures. ( p poles <br />. <br />culverts, wells and the concrete lined ditch). If Connell Resources intends-Jo mine <br />through existing structures then they will need to submit a"notarized agreement between { <br />the operator and the owners)/easement holders of the structures. Until such agreement <br />is/are submitted ad approved by -the Division, the applicant will need to maintain a <br />suitable mining off-set distance from the-structures. If such notarized, agreements cannot <br />be achieved during this review period, then a revision to, the permit will need,to be filed <br />in the future prior to mining closer than the approved mining off-set. <br />Connell Resources intends to mine through the existing structures that are within <br />the proposed mining limits. The structures include three power: poles, two <br />abandoned wells and associated pumps, a concrete culvert, and an unlined ditch. - <br />The wells and pumps are owned by the property owner and will be removed. <br />Discussions. with Poudre Valley Rural Electric Association (Poudre Valley REA) , <br />indicated that the 11power lines were no longer in use. According to Poudre Valley <br />REA engineers, the owner/operator will need to contact Poudre Valley REA and, <br />pay a fee to have ??the power, poles and.lines removed. An agreement with Poudre <br />Valley REA will-be in place prior to removal of the power lines. <br />There are currently no owners: of. record identified for the culvert and, ditch. <br />Discussions with CDOT representatives revealed CDOT was unable 'to identify <br />owners of. record for the culvert and ditch 'during the construction'of. Highway- <br />" 392. As a result, it is assumed ,that the culvert and ditch are the responsibility of <br />the property owner.